N.Y. Personal Property Law § 504-b: Maintenance of merchandise

§ 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.