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.
Terms Used In N.Y. General Business Law 617
- Consumer: means the person who purchased the part for purposes other than resale or any person to whom the motor vehicle on which the part is installed is transferred during the term of the warranty provided by section six hundred seventeen of this article and any other person, other than a seller, entitled by the terms of such warranty to enforce the obligations of the warranty. See N.Y. General Business Law 616
- Initial seller: means the seller who manufactured, modified, rebuilt, remanufactured, improved, reconditioned or recycled the part or who first sold the part. See N.Y. General Business Law 616
- Intermediate seller: means any seller other than the initial seller. See N.Y. General Business Law 616
- Motor vehicle: means any motor vehicle as defined in § 125 of the vehicle and traffic law which is used primarily for personal, family or household purposes. See N.Y. General Business Law 616
- Part: means any equipment or apparatus intended for use in a motor vehicle, including but not limited to a new part; a part which has been removed from another motor vehicle and modified, rebuilt, remanufactured, improved, or reconditioned; and a used part, except a used part which is removed from a motor vehicle and sold to a consumer without any attempt to improve the condition of the part and which is clearly marked as being in "as-is" condition. See N.Y. General Business Law 616
- Person: means an individual, partnership, corporation, association or other legal entity. See N.Y. General Business Law 616
- Seller: means any person who sells parts either to a consumer or to a purchaser for the purpose of resale to a consumer. See N.Y. General Business Law 616
(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.