2006 New York Code - 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, such supplier  or
  dealer  shall  make  such  repairs  as  are necessary to conform the new
  equipment to such express warranties within thirty days  in  appropriate
  seasonal  use  times and sixty days in all other times from the date the
  consumer delivers the farm equipment to an authorized  repair  facility.
  For  purposes  of  this  section,  the commissioner of the department of
  agriculture and markets shall designate appropriate seasonal  use  times
  for all machinery covered by this section.
    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  the use deduction formula. 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 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 themselves 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 participating in such mechanism are trained
  in arbitration and are given  a  written  copy  of  and  understand  the
  provisions of this section;
    (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. 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  manufacturer 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.
    * NB Effective April 1, 2006