2012 New York Consolidated Laws
PEP - Personal Property
Article 11 - (500 - 508) RENTAL PURCHASE AGREEMENTS
504-B - Maintenance of merchandise.


NY Pers Prop L § 504-B (2012) What's This?
 
    §  504-b.  Maintenance  of merchandise. 1. The merchant shall maintain
  the property subject to the rental-purchase agreement  in  good  working
  order  while  the agreement is in effect without charging any fee to the
  consumer in addition to the  regularly  scheduled  rental  payments  set
  forth in the rental-purchase agreement.
    2.  By  the  end of the second business day following the day on which
  the merchant received notice from the consumer that the property is  not
  operating  properly,  the  merchant shall repair or replace the property
  without any fee to the consumer in addition to the  regularly  scheduled
  rental payments set forth in the rental-purchase agreement.
    3.  If  a  repair  or  replacement cannot be immediately effected, the
  merchant shall temporarily substitute property of comparable quality and
  condition while  repairs  are  being  effected.  If  repairs  cannot  be
  completed  to  the reasonable satisfaction of the consumer within thirty
  days after the merchant receives notice from the consumer  or  within  a
  longer  period voluntarily agreed to by the consumer, the merchant shall
  permanently replace the property.
    4. All replacement property shall be the same brand, if available, and
  comparable in quality, age, condition,  and  warranty  coverage  to  the
  replaced  property. If the same brand is not available, the brand of the
  replacement property shall  be  agreeable  to  the  consumer,  provided,
  however that any request by the consumer shall not be unreasonable.
    5.  All  of the consumer's and merchant's rights and obligations under
  the rental-purchase  agreement  and  this  title  that  applied  to  the
  property originally subject to the rental-purchase agreement shall apply
  to any replacement property.
    6. The consumer shall not be charged, or held liable for, any pro rata
  portion  of  a  periodic payment for any period of time greater than one
  full day and each full day thereafter during which the property that  is
  the subject of the rental-purchase agreement or any property substituted
  for it pursuant to this section is not in good working order.
    7.  This  section  shall  not apply to repairs or damage for which the
  consumer is liable under the rental-purchase agreement as  permitted  by
  this article.
    8.  A  merchant shall not deliver to a consumer any property which the
  merchant knows or has reason to know is defective.

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.