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Senate Bill S4226

2017-2018 Legislative Session

Relates to coterminous consumer electronics warranties

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

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2017-S4226 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-ggg, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1081
2011-2012: S1349
2013-2014: S426
2015-2016: S2331

2017-S4226 (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.

2017-S4226 (ACTIVE) - Sponsor Memo

2017-S4226 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4226
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 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-ggg to read as follows:
   § 399-GGG. 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.
   §  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.

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