2013 New York Consolidated Laws
GBS - General Business
Article 29-K - (616 - 619) MOTOR VEHICLE PARTS WARRANTY
617 - Express written warranty required; contents.

 
    §  617. Express written warranty required; contents. 1. (a) An initial
  seller shall provide the consumer with an express written warranty which
  complies with the following requirements: the parts are warranted to  be
  fit  for  the ordinary purposes for which such parts are used during the
  first three thousand miles of  operation  of  the  motor  vehicle  after
  installation  of  the  part;  and  or  during  the period of ninety days
  following the original delivery of such parts to the consumer, whichever
  occurs first.
    (b) An initial seller of new parts who  or  which  has  established  a
  policy  of  accepting  the  return  of  a  new part for an exchange or a
  complete refund of the purchase price for a period of time that meets or
  exceeds the warranty period required by this  subdivision,  and  clearly
  communicates  such  policy  to  consumers, shall not have to provide the
  express written warranty required by this section.
    2. (a) If a  part  does  not  conform  to  the  warranty  provided  in
  subdivision  one  of  this section, and the consumer or any intermediate
  seller reports such nonconformity, defect, or condition to  the  initial
  seller  or  its  agents  or  authorized  dealers  during the term of the
  warranty, the initial seller shall make  repairs  as  are  necessary  to
  correct  such  nonconformity,  defect,  or condition and, if the initial
  seller is unable to repair  such  part  so  as  to  conform  it  to  the
  warranty,  it  shall either replace such part or cause the seller to the
  consumer to refund the purchase price of such part to the consumer.
    (b) It shall be an affirmative defense to any claim under this section
  that the nonconformity, defect, or condition is  the  result  of  abuse,
  neglect, unauthorized modifications or alterations to the part, improper
  diagnosis and/or installation, or failure of another part.
    (c) Any person making a warranty claim hereunder shall retain the part
  which  is  the subject of the claim until the claim is resolved or until
  the initial seller shall request return of such part,  whichever  occurs
  first. The initial seller shall pay the cost for shipping to it any part
  it  requests.  Failure  to  retain  the part or return it to the initial
  seller upon request shall be grounds for denying warranty coverage.
    (d) No repair or replacement of any part under paragraph (b)  of  this
  subdivision  shall be deemed to alter or extend the term of the warranty
  on such part.