N.Y. General Business Law § 697-a: Warranty to consumers

§ 697-a. Warranty to consumers. 1. Every supplier of new farm

equipment which is sold within or outside of this state shall provide a

fair and reasonable warranty on all new farm equipment that shall be of

no less duration than twelve months following the date of original

delivery of the farm equipment to the consumer. If the new farm

equipment does not conform to all applicable express warranties during

the warranty period, and the consumer reports the nonconformity, defect

or condition to the supplier or its dealer in writing before the end of

the warranty period, or verbally within thirty days before the warranty

ends and then in writing within thirty days after the expiration of the

warranty period, such supplier or dealer shall make such repairs as are

necessary to conform the new equipment to such express warranties at no

charge to the consumer.

1-a. Farm equipment that is not specifically manufactured for the

United States market or in compliance with the laws and standards of the

United States is not covered by this article. A dealer who sells such

farm equipment shall receive written acknowledgement from the purchaser

that the purchaser has been made aware that such equipment is not

covered by this article.

2. If the supplier or its dealer are unable to conform the farm

equipment to any applicable express warranty by repairing the

nonconformity after a reasonable number of attempts, the supplier, at

the option of the consumer, shall replace the farm equipment with

comparable farm equipment provided that such comparable equipment is

available from the supplier, or accept return of the equipment from the

consumer and refund to the consumer the full purchase price or, if

applicable, the lease price and any trade-in allowance plus fees and

charges, less a deduction for use calculated pursuant to the formula

provided in subdivision four of section six hundred ninety-seven of this

article. For purposes of this section, fees and charges shall include

but not be limited to license fees, registration fees or other

governmental charges. Refunds shall be made to the consumer or

lienholder, if any, as their interests may appear on the records of

ownership. Such refund shall also be accompanied by the proper

application for credit for refund of state and local sales tax as

published by the department of taxation and finance and by a notice that

the sales tax paid on the purchase price, lease price or portion thereof

being refunded is refundable by the commissioner of taxation and finance

in accordance with the provisions of subdivision (f) of section eleven

hundred thirty-nine of the tax law.

3. If a dealer refuses to undertake the repairs within the time

allotted pursuant to subdivision one of this section, the consumer may

immediately forward written notice of such refusal to the supplier, who

shall have twenty days from receipt of such notice to commence such

repairs.

4. (a) If the supplier refuses to undertake the repairs, the supplier

shall provide information for consumer complaint remedies which shall

inform the consumer of, among other things, whether an informal dispute

settlement mechanism has been established by the supplier and how the

consumer may avail himself or herself of such mechanism.

(b) If a supplier has established an informal dispute settlement

mechanism, such mechanism shall provide, at a minimum, the following:

(i) That the arbitrators and the consumers who request arbitration are

given a written copy of the provisions of this article together with the

notice set forth below entitled "New Farm Equipment Bill of Rights" and

that the arbitrators participating in such mechanism are trained in

arbitration and are familiar with the provisions of this article;

(ii) That the consumers, upon request, are given an opportunity to

make an oral presentation to the arbitrator; and

(iii) That the rights and procedures used in the mechanism comply with

federal regulations promulgated by the federal trade commission relating

to informal dispute settlement mechanisms.

(c) Each consumer shall have the option of submitting any dispute

arising under this section, upon the payment of a prescribed filing fee,

to an alternate arbitration mechanism established pursuant to

regulations promulgated hereunder by the state attorney general. Upon

application of the consumer and payment of the filing fee, all suppliers

shall submit to such alternate arbitration, and shall pay a fee

established pursuant to regulations of the attorney general. Such

alternate arbitration shall be conducted by a professional arbitrator or

arbitration firm appointed by the state attorney general. Such mechanism

shall insure the personal objectivity of its arbitrators and the right

of each party to present its case, to be in attendance during any

presentation made by the other party and to rebut and refute such

presentation. In all other respects, such alternate arbitration

mechanism shall be governed by article seventy-five of the civil

practice law and rules.

(d) A supplier shall have up to thirty days from the date the consumer

notifies the supplier of his or her acceptance of the arbitrator's

decision to comply with the terms of that decision. Failure to comply

with the thirty day limitation shall also entitle the consumer to

recover a fee of twenty-five dollars a day for each business day of

noncompliance up to five hundred dollars. Provided, however, that

nothing contained in this paragraph shall impose any liability on a

supplier where a delay beyond the thirty day period is attributable to a

consumer who has requested replacement farm equipment built to order or

with options that are not comparable to the farm equipment being

replaced or otherwise made compliance impossible within said period. In

no event shall a consumer who has resorted to an informal dispute

settlement mechanism be precluded from seeking the rights or remedies

available by law.

(e) A court may award reasonable attorney's fees to a prevailing

plaintiff or to a consumer who prevails in any judicial action or

proceeding arising out of an arbitration proceeding held pursuant to

paragraph (c) of this subdivision. In the event a prevailing plaintiff

is required to retain the services of an attorney to enforce collection

of an award granted pursuant to this section, the court may assess

against the supplier reasonable attorney's fees for services rendered to

enforce collection of such award.

(f) Any action brought pursuant to this section shall be commenced

within twenty-four months of the date of original delivery of the farm

equipment to the consumer.

(g) It shall be presumed that a reasonable number of attempts have

been undertaken to conform the farm equipment to the applicable express

warranties, if: (i) the same nonconformity, defect or condition has been

subject to repair four times by the supplier or its authorized dealers

and such nonconformity continues to exist; or (ii) the farm equipment is

out of service by reason of repair of one or more nonconformities by the

supplier or its dealer for a cumulative total of thirty calendar days

during the warranty period.

(h) The term of an express warranty, the one year warranty period and

the thirty day out of service period shall be extended by any reasonable

time during which repair services are not available to the consumer for

reasons which shall include war, terrorist attack, pestilence, invasion

or strike, fire, flood or other natural disaster or unforeseen and

unanticipated extraordinary circumstances.