N.Y. General Business Law § 697: Definitions

§ 697. Definitions. Whenever used in this article: 1. "Consumer" means

a New York resident who is the purchaser, lessee or transferee of farm

equipment, other than for the purposes of resale.

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.

3. "Express warranty" or "warranty" means the written affirmation of

fact or promise made by a 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 that

issues the warranty effective in New York state for the farm equipment

sold by the dealer.

8. "Dealer" means any person selling or agreeing to sell farm

equipment under an agreement with a manufacturer, wholesaler or

distributor.

9. "Nonconformity" means any condition of the farm machinery that

substantially impairs the value or safety of such equipment, or its use

for the purpose for which it was intended.