N.Y. General Business Law § 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.