Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Express written warranty required; contents
General Business (GBS) CHAPTER 20, ARTICLE 29-K
§ 617. Express written warranty required; contents. 1. (a) An initial
seller shall provide the consumer with an express written warranty which
complies with the following requirements: the parts are warranted to be
fit for the ordinary purposes for which such parts are used during the
first three thousand miles of operation of the motor vehicle after
installation of the part; and or during the period of ninety days
following the original delivery of such parts to the consumer, whichever
occurs first.

(b) An initial seller of new parts who or which has established a
policy of accepting the return of a new part for an exchange or a
complete refund of the purchase price for a period of time that meets or
exceeds the warranty period required by this subdivision, and clearly
communicates such policy to consumers, shall not have to provide the
express written warranty required by this section.

2. (a) If a part does not conform to the warranty provided in
subdivision one of this section, and the consumer or any intermediate
seller reports such nonconformity, defect, or condition to the initial
seller or its agents or authorized dealers during the term of the
warranty, the initial seller shall make repairs as are necessary to
correct such nonconformity, defect, or condition and, if the initial
seller is unable to repair such part so as to conform it to the
warranty, it shall either replace such part or cause the seller to the
consumer to refund the purchase price of such part to the consumer.

(b) It shall be an affirmative defense to any claim under this section
that the nonconformity, defect, or condition is the result of abuse,
neglect, unauthorized modifications or alterations to the part, improper
diagnosis and/or installation, or failure of another part.

(c) Any person making a warranty claim hereunder shall retain the part
which is the subject of the claim until the claim is resolved or until
the initial seller shall request return of such part, whichever occurs
first. The initial seller shall pay the cost for shipping to it any part
it requests. Failure to retain the part or return it to the initial
seller upon request shall be grounds for denying warranty coverage.

(d) No repair or replacement of any part under paragraph (b) of this
subdivision shall be deemed to alter or extend the term of the warranty
on such part.