This text of New York § 617 (Express written warranty required; contents) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 617. Express written warranty required; contents. 1.
(a)An initial\nseller shall provide the consumer with an express written warranty which\ncomplies with the following requirements: the parts are warranted to be\nfit for the ordinary purposes for which such parts are used during the\nfirst three thousand miles of operation of the motor vehicle after\ninstallation of the part; and or during the period of ninety days\nfollowing the original delivery of such parts to the consumer, whichever\noccurs first.\n (b) An initial seller of new parts who or which has established a\npolicy of accepting the return of a new part for an exchange or a\ncomplete refund of the purchase price for a period of time that meets or\nexceeds the warranty period required by this subdivision, and clearly\ncom
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§ 617. Express written warranty required; contents. 1. (a) An initial\nseller shall provide the consumer with an express written warranty which\ncomplies with the following requirements: the parts are warranted to be\nfit for the ordinary purposes for which such parts are used during the\nfirst three thousand miles of operation of the motor vehicle after\ninstallation of the part; and or during the period of ninety days\nfollowing the original delivery of such parts to the consumer, whichever\noccurs first.\n (b) An initial seller of new parts who or which has established a\npolicy of accepting the return of a new part for an exchange or a\ncomplete refund of the purchase price for a period of time that meets or\nexceeds the warranty period required by this subdivision, and clearly\ncommunicates such policy to consumers, shall not have to provide the\nexpress written warranty required by this section.\n 2. (a) If a part does not conform to the warranty provided in\nsubdivision one of this section, and the consumer or any intermediate\nseller reports such nonconformity, defect, or condition to the initial\nseller or its agents or authorized dealers during the term of the\nwarranty, the initial seller shall make repairs as are necessary to\ncorrect such nonconformity, defect, or condition and, if the initial\nseller is unable to repair such part so as to conform it to the\nwarranty, it shall either replace such part or cause the seller to the\nconsumer to refund the purchase price of such part to the consumer.\n (b) It shall be an affirmative defense to any claim under this section\nthat the nonconformity, defect, or condition is the result of abuse,\nneglect, unauthorized modifications or alterations to the part, improper\ndiagnosis and/or installation, or failure of another part.\n (c) Any person making a warranty claim hereunder shall retain the part\nwhich is the subject of the claim until the claim is resolved or until\nthe initial seller shall request return of such part, whichever occurs\nfirst. The initial seller shall pay the cost for shipping to it any part\nit requests. Failure to retain the part or return it to the initial\nseller upon request shall be grounds for denying warranty coverage.\n (d) No repair or replacement of any part under paragraph (b) of this\nsubdivision shall be deemed to alter or extend the term of the warranty\non such part.\n