senate Bill S426

2013-2014 Legislative Session

Relates to coterminous consumer electronics warranties

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S426 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §399-ff, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1349
2009-2010: S1081

S426 - 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.

S426 - Sponsor Memo

S426 - Bill Text download pdf

                    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

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