§ 697 — Definitions

§ 697. Definitions. Whenever used in this article: 1. "Consumer" means\na New York resident who is the purchaser, lessee or transferee of farm\nequipment, other than for the purposes of resale.\n 2. "Farm equipment" means any self propelled farm equipment and\nimplements of husbandry and the accessories and parts included in the\nsale or lease of same designed and manufactured primarily to be used for\nagricultural purposes and for the United States market or in compliance\nwith the laws and standards of the United States for which the purchase\nor lease price for each piece of farm equipment exceeds one thousand\nfive hundred dollars and which is being transferred for the first time\nfrom a manufacturer, distributor or new farm machinery dealer and has\nnot been registered or titled in this state or any other state.\n 3. "Express warranty" or "warranty" means the written affirmation of\nfact or promise made by a supplier to a consumer in connection with the\nsale of farm equipment which relates to the nature of the material or\nworkmanship, including any terms or conditions precedent to the\nenforcement of obligations under that warranty.\n 4. (a) "Use deduction formula" shall be used on farm equipment which\ndoes not contain an engine hour meter or for which hours is not the\nbasic usage standard and means a dollar amount obtained by multiplying\nthe full purchase price or lease price of the farm equipment by a\nfraction, the denominator of which is one thousand eight hundred\ntwenty-five and the numerator of which is the number of days after\ndelivery of the farm equipment.\n (b) "Non-seasonal equipment hours deduction formula" shall be used on\nfarm equipment which contains an engine hour meter and for which hours\nis the basic usage standard and means the hours of use times the full\npurchase price, or lease price if applicable, divided by five thousand\nhours.\n (c) "Seasonal equipment hours deduction formula" shall be used on\nself-propelled harvesting equipment which contains an engine hour meter\nand for which hours is the basic usage standard and means the hours of\nuse times the full purchase price, or lease price if applicable, divided\nby two thousand hours.\n 5. "Lessee" means any consumer who leases farm equipment pursuant to a\nwritten lease agreement which provides that the lessee is responsible\nfor repairs to such farm equipment.\n 6. "Lease price" means the aggregate of: (a) the lessor's actual\npurchase cost; (b) the freight cost, if applicable; (c) the cost for\naccessories, if applicable; (d) any fee paid to another to obtain the\nlease; and (e) an amount equal to five percent of the lessor's actual\npurchase cost as prescribed in paragraph (a) of this subdivision.\n 7. "Supplier" means the manufacturer, wholesaler or distributor that\nissues the warranty effective in New York state for the farm equipment\nsold by the dealer.\n 8. "Dealer" means any person selling or agreeing to sell farm\nequipment under an agreement with a manufacturer, wholesaler or\ndistributor.\n 9. "Nonconformity" means any condition of the farm machinery that\nsubstantially impairs the value or safety of such equipment, or its use\nfor the purpose for which it was intended.\n