Relates to coterminous consumer electronics warranties; ensures that consumer electronics warranties are meaningful to the extent that the duration of coverage on all parts are coterminous and warrantors must prove negligence on the part of the consumer before denying coverage.
STATE OF NEW YORK
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426
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
___________
Introduced by Sen. DILAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to coterminous
consumer electronics warranties
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-ff to read as follows:
3 § 399-ff. Coterminous warranties for consumer electronics. 1. For the
4 purposes of this section, "electronic" means a "commercial unit" as
5 defined in section 2-A-103 of the uniform commercial code containing
6 technology having electrical, digital, magnetic, wireless, optical,
7 electromagnetic or similar capabilities.
8 2. The warranty duration for all non-consumable components of an elec-
9 tronic shall be coterminous. No express warranty shall disclaim the
10 warranty of any particular part of an electronic.
11 3. If an express warranty indicates differing durations for different
12 components, the longest duration shall be in effect for all components.
13 4. A warranty holder shall not be required to pay any fees or charges,
14 for otherwise covered repairs, nor shall an extended warranty, or
15 service contract for electronics become void due to:
16 (a) scratches, dents, chips, or any other slight cosmetic defects that
17 occur to electronics with regular use; or
18 (b) the cost of repairs exceeding the original purchase price of the
19 product.
20 5. Nothing in this section shall be construed to limit or abridge any
21 statutory or other right or remedy of a consumer at law or in equity.
22 § 2. This act shall take effect on the first day of the thirteenth
23 month after it shall have become a law, and shall apply only to warran-
24 ties, extended warranties, or service contracts for electronics entered
25 into on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00576-01-3
