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

§ 697. Definitions. Whenever used in this article: 1. "Consumer" means
a  New  York resident who is the purchaser, lessee or transferee of farm
equipment, other than for the purposes of resale.
2. "Farm equipment"  means  any  self  propelled  farm  equipment  and
implements  of  husbandry  and the accessories and parts included in the
sale or lease of same designed and manufactured primarily to be used for
agricultural purposes and for the United States market or in  compliance
with  the laws and standards of the United States for which the purchase
or lease price for each piece of farm  equipment  exceeds  one  thousand
five  hundred  dollars and which is being transferred for the first time
from a manufacturer, distributor or new farm machinery  dealer  and  has
not been registered or titled in this state or any other state.
3.  "Express  warranty" or "warranty" means the written affirmation of
fact or promise made by a supplier to a consumer in connection with  the
sale  of  farm  equipment which relates to the nature of the material or
workmanship,  including  any  terms  or  conditions  precedent  to   the
enforcement of obligations under that warranty.
4.  (a)  "Use deduction formula" shall be used on farm equipment which
does not contain an engine hour meter or for  which  hours  is  not  the
basic  usage  standard and means a dollar amount obtained by multiplying
the full purchase price or lease  price  of  the  farm  equipment  by  a
fraction,  the  denominator  of  which  is  one  thousand  eight hundred
twenty-five and the numerator of which  is  the  number  of  days  after
delivery of the farm equipment.
(b)  "Non-seasonal equipment hours deduction formula" shall be used on
farm equipment which contains an engine hour meter and for  which  hours
is  the  basic  usage standard and means the hours of use times the full
purchase price, or lease price if applicable, divided by  five  thousand
hours.
(c)  "Seasonal  equipment  hours  deduction  formula" shall be used on
self-propelled harvesting equipment which contains an engine hour  meter
and  for  which hours is the basic usage standard and means the hours of
use times the full purchase price, or lease price if applicable, divided
by two thousand hours.
5. "Lessee" means any consumer who leases farm equipment pursuant to a
written lease agreement which provides that the  lessee  is  responsible
for repairs to such farm equipment.
6.  "Lease  price"  means  the  aggregate  of: (a) the lessor's actual
purchase cost; (b) the freight cost, if applicable;  (c)  the  cost  for
accessories,  if  applicable;  (d) any fee paid to another to obtain the
lease; and (e) an amount equal to five percent of  the  lessor's  actual
purchase cost as prescribed in paragraph (a) of this subdivision.
7.  "Supplier"  means the manufacturer, wholesaler or distributor that
issues the warranty effective in New York state for the  farm  equipment
sold by the dealer.
8.  "Dealer"  means  any  person  selling  or  agreeing  to  sell farm
equipment  under  an  agreement  with  a  manufacturer,  wholesaler   or
distributor.
9.  "Nonconformity"  means  any  condition  of the farm machinery that
substantially impairs the value or safety of such equipment, or its  use
for the purpose for which it was intended.