2006 New York Code - New Farm Equipment Bill Of Rights

 
  * §  697-d.  New  farm  equipment  bill of rights. The following notice,
  along with a written copy of the provisions of this  article,  shall  be
  provided  to arbitrators and consumers who request arbitration and shall
  be printed in conspicuous ten point bold face type.
                      NEW FARM EQUIPMENT BILL OF RIGHTS
    (1) IN ADDITION TO ANY WARRANTIES OFFERED BY THE  SUPPLIER,  YOUR  NEW
  FARM  EQUIPMENT, PURCHASED WITHIN OR OUTSIDE OF THIS STATE, IS WARRANTED
  AGAINST ALL MATERIAL DEFECTS FOR ONE YEAR.
    (2) YOU MUST REPORT ANY PROBLEMS TO THE  SUPPLIER  OR  ITS  DEALER  IN
  WRITING WITHIN THE WARRANTY PERIOD. ALTHOUGH, IF IN THE LAST THIRTY DAYS
  OF  THE WARRANTY, YOU ARE ONLY ABLE TO PROVIDE A VERBAL NOTICE, YOU WILL
  HAVE UP TO THIRTY DAYS AFTER THE EXPIRATION OF THE WARRANTY TO PROVIDE A
  WRITTEN NOTICE.
    (3) UPON NOTIFICATION, A SUPPLIER OR ITS DEALER MUST COMMENCE  REPAIRS
  WITHIN  THIRTY  DAYS,  OR  SIXTY  DAYS IN CERTAIN INSTANCES, AND MAY NOT
  CHARGE FOR THE PARTS OR LABOR INVOLVED  IN  THE  REPAIR  OF  THE  DEFECT
  WITHIN THE WARRANTY PERIOD.
    (4)  IF  THE  SAME  PROBLEM  CANNOT  BE  REPAIRED  AFTER  FOUR OR MORE
  ATTEMPTS; OR IF YOUR EQUIPMENT IS OUT OF SERVICE TO REPAIR A PROBLEM FOR
  A TOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE SUPPLIER OR
  ITS DEALER REFUSES TO REPAIR A SUBSTANTIAL DEFECT  OR  CONDITION  WITHIN
  TWENTY  DAYS  OF  RECEIPT OF WRITTEN NOTICE SENT BY YOU TO THE SUPPLIER;
  THEN YOU MAY BE ENTITLED TO EITHER COMPARABLE FARM EQUIPMENT OR A REFUND
  OF YOUR PURCHASE PRICE FROM THE SUPPLIER, MINUS A USE ALLOWANCE.
    (5) A SUPPLIER MAY DENY LIABILITY IF THE PROBLEM IS CAUSED  BY  ABUSE,
  NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE EQUIPMENT.
    (6)  A  DEALER  MAY  REFUSE TO EXCHANGE COMPARABLE EQUIPMENT OR REFUND
  YOUR PURCHASE PRICE IF THE PROBLEM DOES  NOT  SUBSTANTIALLY  IMPAIR  THE
  VALUE OF YOUR FARM EQUIPMENT.
    (7)  IF  THE  SUPPLIER DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU MAY
  RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S  FEES
  IF YOU PREVAIL.
    (8) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.
    (9)  AS  AN  ALTERNATIVE  TO  THE ARBITRATION PROCEDURE MADE AVAILABLE
  THROUGH THE SUPPLIER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO  AN
  INDEPENDENT  ARBITRATOR,  APPROVED BY THE ATTORNEY GENERAL. YOU MAY HAVE
  TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER OFFICE
  OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR  INDEPENDENT
  ARBITRATION.
    * NB Effective April 1, 2006