senate Bill S1349

2011-2012 Legislative Session

Relates to coterminous consumer electronics warranties

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to consumer protection
Jan 06, 2011 referred to consumer protection

Co-Sponsors

S1349 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §399-ff, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S1081

S1349 - 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.

S1349 - Sponsor Memo

S1349 - Bill Text download pdf

                    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:

  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.