2006 New York Code - Definitions.

 
    * §  697.  Definitions.  Whenever  used in this article: 1. "Consumer"
  means the purchaser, lessee or transferee, other than for  the  purposes
  of resale, of farm equipment.
    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.  For
  purposes  of  this  section,  dealers  who  sell  or  make for sale farm
  equipment not specifically manufactured for the United States market  or
  in  compliance  with  the  laws and standards of the United States shall
  receive  written  acknowledgement  from  the  purchasers  of  this  farm
  equipment  that  they  have  been  made aware that such equipment is not
  covered by the provisions of this article.
    3. "Express warranty" or "warranty" means the written  affirmation  of
  fact  or  promise  made  by  a manufacturer or 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 of the
  equipment to be sold by the dealer.
    8. "Dealer"  means  any  person  selling  or  agreeing  to  sell  farm
  equipment under an agreement with a supplier.
    9.  "Nonconformity"  means  any  condition  of the farm machinery that
  substantially impairs the safety of such equipment or its  use  for  the
  purpose for which it was intended.
    * NB Effective April 1, 2006