Senate Bill S1081

2009-2010 Legislative Session

Relates to coterminous consumer electronics warranties

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1081 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-ff, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1349
2013-2014: S426
2015-2016: S2331
2017-2018: S4226

2009-S1081 (ACTIVE) - 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.

2009-S1081 (ACTIVE) - Sponsor Memo

2009-S1081 (ACTIVE) - Bill Text download pdf 

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

                                  1081

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens.  DILAN, ADAMS, BRESLIN, DIAZ, HUNTLEY, C. JOHNSON,
  KRUEGER,  MONTGOMERY,  ONORATO,  PARKER,  PERKINS,  SAMPSON,  SERRANO,
  STACHOWSKI,  STAVISKY,  STEWART-COUSINS,  THOMPSON  --  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05060-01-9

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