2023 New York Laws › GBS - General Business › Article 33-B - Express Consumer Warranty on Farm Equipment › 697-A - Warranty to Consumers.

§  697-a.  Warranty  to  consumers.  1.  Every  supplier  of  new farm
equipment which is sold within or outside of this state shall provide  a
fair  and reasonable warranty on all new farm equipment that shall be of
no less duration than twelve  months  following  the  date  of  original
delivery  of  the  farm  equipment  to  the  consumer.  If  the new farm
equipment does not conform to all applicable express  warranties  during
the  warranty period, and the consumer reports the nonconformity, defect
or condition to the supplier or its dealer in writing before the end  of
the  warranty period, or verbally within thirty days before the warranty
ends and then in writing within thirty days after the expiration of  the
warranty  period, such supplier or dealer shall make such repairs as are
necessary to conform the new equipment to such express warranties at  no
charge to the consumer.
1-a.  Farm  equipment  that  is  not specifically manufactured for the
United States market or in compliance with the laws and standards of the
United States is not covered by this article. A dealer  who  sells  such
farm  equipment shall receive written acknowledgement from the purchaser
that the purchaser has been  made  aware  that  such  equipment  is  not
covered by this article.
2.  If  the  supplier  or  its  dealer  are unable to conform the farm
equipment  to  any  applicable  express  warranty   by   repairing   the
nonconformity  after  a  reasonable number of attempts, the supplier, at
the option of the  consumer,  shall  replace  the  farm  equipment  with
comparable  farm  equipment  provided  that such comparable equipment is
available from the supplier, or accept return of the equipment from  the
consumer  and  refund  to  the  consumer  the full purchase price or, if
applicable, the lease price and any trade-in  allowance  plus  fees  and
charges,  less  a  deduction  for use calculated pursuant to the formula
provided in subdivision four of section six hundred ninety-seven of this
article. For purposes of this section, fees and  charges  shall  include
but  not  be  limited  to  license  fees,  registration  fees  or  other
governmental  charges.  Refunds  shall  be  made  to  the  consumer   or
lienholder,  if  any,  as  their  interests may appear on the records of
ownership.  Such  refund  shall  also  be  accompanied  by  the   proper
application  for  credit  for  refund  of  state  and local sales tax as
published by the department of taxation and finance and by a notice that
the sales tax paid on the purchase price, lease price or portion thereof
being refunded is refundable by the commissioner of taxation and finance
in accordance with the provisions of subdivision (f) of  section  eleven
hundred thirty-nine of the tax law.
3.  If  a  dealer  refuses  to  undertake  the repairs within the time
allotted pursuant to subdivision one of this section, the  consumer  may
immediately  forward written notice of such refusal to the supplier, who
shall have twenty days from receipt of  such  notice  to  commence  such
repairs.
4.  (a) If the supplier refuses to undertake the repairs, the supplier
shall provide information for consumer complaint  remedies  which  shall
inform  the consumer of, among other things, whether an informal dispute
settlement mechanism has been established by the supplier  and  how  the
consumer may avail himself or herself of such mechanism.
(b)  If  a  supplier  has  established  an informal dispute settlement
mechanism, such mechanism shall provide, at a minimum, the following:
(i) That the arbitrators and the consumers who request arbitration are
given a written copy of the provisions of this article together with the
notice set forth below entitled "New Farm Equipment Bill of Rights"  and
that  the  arbitrators  participating  in  such mechanism are trained in
arbitration and are familiar with the provisions of this article;
(ii) That the consumers, upon request, are  given  an  opportunity  to
make an oral presentation to the arbitrator; and
(iii) That the rights and procedures used in the mechanism comply with
federal regulations promulgated by the federal trade commission relating
to informal dispute settlement mechanisms.
(c)  Each  consumer  shall  have  the option of submitting any dispute
arising under this section, upon the payment of a prescribed filing fee,
to  an  alternate  arbitration   mechanism   established   pursuant   to
regulations  promulgated  hereunder  by the state attorney general. Upon
application of the consumer and payment of the filing fee, all suppliers
shall submit  to  such  alternate  arbitration,  and  shall  pay  a  fee
established  pursuant  to  regulations  of  the  attorney  general. Such
alternate arbitration shall be conducted by a professional arbitrator or
arbitration firm appointed by the state attorney general. Such mechanism
shall insure the personal objectivity of its arbitrators and  the  right
of  each  party  to  present  its  case,  to be in attendance during any
presentation made by the other  party  and  to  rebut  and  refute  such
presentation.   In   all  other  respects,  such  alternate  arbitration
mechanism shall  be  governed  by  article  seventy-five  of  the  civil
practice law and rules.
(d) A supplier shall have up to thirty days from the date the consumer
notifies  the  supplier  of  his  or  her acceptance of the arbitrator's
decision to comply with the terms of that decision.  Failure  to  comply
with  the  thirty  day  limitation  shall  also  entitle the consumer to
recover a fee of twenty-five dollars a day  for  each  business  day  of
noncompliance  up  to  five  hundred  dollars.  Provided,  however, that
nothing contained in this paragraph shall  impose  any  liability  on  a
supplier where a delay beyond the thirty day period is attributable to a
consumer  who has requested replacement farm equipment built to order or
with options that  are  not  comparable  to  the  farm  equipment  being
replaced  or otherwise made compliance impossible within said period. In
no event shall a consumer  who  has  resorted  to  an  informal  dispute
settlement  mechanism  be  precluded from seeking the rights or remedies
available by law.
(e) A court may award  reasonable  attorney's  fees  to  a  prevailing
plaintiff  or  to  a  consumer  who  prevails  in any judicial action or
proceeding arising out of an arbitration  proceeding  held  pursuant  to
paragraph  (c)  of this subdivision. In the event a prevailing plaintiff
is required to retain the services of an attorney to enforce  collection
of  an  award  granted  pursuant  to  this section, the court may assess
against the supplier reasonable attorney's fees for services rendered to
enforce collection of such award.
(f) Any action brought pursuant to this  section  shall  be  commenced
within  twenty-four  months of the date of original delivery of the farm
equipment to the consumer.
(g) It shall be presumed that a reasonable  number  of  attempts  have
been  undertaken to conform the farm equipment to the applicable express
warranties, if: (i) the same nonconformity, defect or condition has been
subject to repair four times by the supplier or its  authorized  dealers
and such nonconformity continues to exist; or (ii) the farm equipment is
out of service by reason of repair of one or more nonconformities by the
supplier  or  its  dealer for a cumulative total of thirty calendar days
during the warranty period.
(h) The term of an express warranty, the one year warranty period  and
the thirty day out of service period shall be extended by any reasonable
time  during which repair services are not available to the consumer for
reasons which shall include war, terrorist attack, pestilence,  invasion

or  strike,  fire,  flood  or  other  natural disaster or unforeseen and
unanticipated extraordinary circumstances.