Bill Text: NY S01349 | 2011-2012 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CONSUMER PROTECTION [S01349 Detail]

Download: New_York-2011-S01349-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1349
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by  Sens. DILAN, DIAZ, PARKER, STEWART-COUSINS -- 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    S 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    S 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.
                                                                  LBD02670-01-1