2006 New York Code - Affirmative Defenses.



 
    * § 697-b. Affirmative defenses. 1. It shall be an affirmative defense
  to  claim  under  this  section  that:  (a) the nonconformity, defect or
  condition  does  not  substantially   impair   such   value;   (b)   the
  nonconformity,  defect  or  condition is the result of abuse, neglect or
  unauthorized modifications or alterations of the farm equipment;  (c)  a
  claim  by  the  consumer  was  not filed in good faith; or (d) any other
  affirmative defense allowed by law.
    2. It shall be presumed that a reasonable number of attempts have been
  undertaken to conform the  farm  equipment  to  the  applicable  express
  warranties, if: (a) the same nonconformity, defect or condition has been
  subject  to  repair four or more times by the supplier or its authorized
  dealers and such nonconformity continues  to  exist;  or  (b)  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 or more calendar days during the warranty period.
    3.  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.
    * NB Effective April 1, 2006

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.