senate Bill S426

Relates to coterminous consumer electronics warranties

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

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.

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Bill Details

Versions:
S426
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-ff, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1349
2009-2010: S1081

Sponsor Memo

BILL NUMBER:S426

TITLE OF BILL: An act to amend the general business law, in relation
to coterminous consumer electronics warranties

PURPOSE: To strengthen warranties on Consumer Electronics so that all
parts of a device are covered against failure resulting from typical
consumer usage.

SUMMARY OF PROVISIONS: This legislation would amend the general
business law to add a new section 399-ff to:

Require that the warrantee on all non-consumer replaceable components
of a piece of consumer electronics be coterminous;

Stipulate that physical damage caused through normal, non-negligent
use shall not be disclaimed by the warrantor. The burden of proof of
consumer negligence shall rest with the warrantor.

JUSTIFICATION: Certain consumer electronic devices have sensitive
parts, like LCD and plasma displays, which are prone to breakage
through normal use. Warrantors have denied warranty coverage of these
parts through reasoning that a part could not break except if the
device was misused or handled negligently, although no other evidence
of misuse is present.

Some warrantors specifically exclude certain parts in express
warranties, although the consumer might not know this upon purchase,
or understand the technical jargon used in the warranty. This act
would prohibit express warranties from disclaiming coverage of
non-consumable parts.

PRIOR LEGISLATIVE HISTORY: 2011/12: S.1349 2009/10: S.1081

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first day of the thirteenth month after it shall
have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   426

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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:

  Section 1. The general business law is amended by adding a new section
399-ff to read as follows:
  S 399-FF. COTERMINOUS WARRANTIES FOR CONSUMER ELECTRONICS. 1.  FOR THE
PURPOSES OF THIS SECTION, "ELECTRONIC"  MEANS  A  "COMMERCIAL  UNIT"  AS
DEFINED  IN  SECTION  2-A-103  OF THE UNIFORM COMMERCIAL CODE CONTAINING
TECHNOLOGY HAVING  ELECTRICAL,  DIGITAL,  MAGNETIC,  WIRELESS,  OPTICAL,
ELECTROMAGNETIC OR SIMILAR CAPABILITIES.
  2. THE WARRANTY DURATION FOR ALL NON-CONSUMABLE COMPONENTS OF AN ELEC-
TRONIC  SHALL  BE  COTERMINOUS.  NO  EXPRESS WARRANTY SHALL DISCLAIM THE
WARRANTY OF ANY PARTICULAR PART OF AN ELECTRONIC.
  3. IF AN EXPRESS WARRANTY INDICATES DIFFERING DURATIONS FOR  DIFFERENT
COMPONENTS, THE LONGEST DURATION SHALL BE IN EFFECT FOR ALL COMPONENTS.
  4. A WARRANTY HOLDER SHALL NOT BE REQUIRED TO PAY ANY FEES OR CHARGES,
FOR  OTHERWISE  COVERED  REPAIRS,  NOR  SHALL  AN  EXTENDED WARRANTY, OR
SERVICE CONTRACT FOR ELECTRONICS BECOME VOID DUE TO:
  (A) SCRATCHES, DENTS, CHIPS, OR ANY OTHER SLIGHT COSMETIC DEFECTS THAT
OCCUR TO ELECTRONICS WITH REGULAR USE; OR
  (B) THE COST OF REPAIRS EXCEEDING THE ORIGINAL PURCHASE PRICE  OF  THE
PRODUCT.
  5.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR ABRIDGE ANY
STATUTORY OR OTHER RIGHT OR REMEDY OF A CONSUMER AT LAW OR IN EQUITY.
  S 2. This act shall take effect on the first  day  of  the  thirteenth
month  after it shall have become a law, and shall apply only to warran-
ties, extended warranties, or service contracts for electronics  entered
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

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