Bill Text: NY S02331 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S02331 Detail]

Download: New_York-2015-S02331-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2331
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2015
                                      ___________
       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:
    1    Section 1. The general business law is amended by adding a new section
    2  399-ggg to read as follows:
    3    S 399-GGG. COTERMINOUS WARRANTIES FOR CONSUMER ELECTRONICS.  1.    FOR
    4  THE  PURPOSES OF THIS SECTION, "ELECTRONIC" MEANS A "COMMERCIAL UNIT" AS
    5  DEFINED IN SECTION 2-A-103 OF THE  UNIFORM  COMMERCIAL  CODE  CONTAINING
    6  TECHNOLOGY  HAVING  ELECTRICAL,  DIGITAL,  MAGNETIC,  WIRELESS, OPTICAL,
    7  ELECTROMAGNETIC OR SIMILAR CAPABILITIES.
    8    2. THE WARRANTY DURATION FOR ALL NON-CONSUMABLE COMPONENTS OF AN ELEC-
    9  TRONIC SHALL BE COTERMINOUS. NO  EXPRESS  WARRANTY  SHALL  DISCLAIM  THE
   10  WARRANTY OF ANY PARTICULAR PART OF AN ELECTRONIC.
   11    3.  IF AN EXPRESS WARRANTY INDICATES DIFFERING DURATIONS FOR DIFFERENT
   12  COMPONENTS, THE LONGEST DURATION SHALL BE IN EFFECT FOR ALL COMPONENTS.
   13    4. A WARRANTY HOLDER SHALL NOT BE REQUIRED TO PAY ANY FEES OR CHARGES,
   14  FOR OTHERWISE COVERED  REPAIRS,  NOR  SHALL  AN  EXTENDED  WARRANTY,  OR
   15  SERVICE CONTRACT FOR ELECTRONICS BECOME VOID DUE TO:
   16    (A) SCRATCHES, DENTS, CHIPS, OR ANY OTHER SLIGHT COSMETIC DEFECTS THAT
   17  OCCUR TO ELECTRONICS WITH REGULAR USE; OR
   18    (B)  THE  COST OF REPAIRS EXCEEDING THE ORIGINAL PURCHASE PRICE OF THE
   19  PRODUCT.
   20    5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT OR ABRIDGE  ANY
   21  STATUTORY OR OTHER RIGHT OR REMEDY OF A CONSUMER AT LAW OR IN EQUITY.
   22    S  2.  This  act  shall take effect on the first day of the thirteenth
   23  month after it shall have become a law, and shall apply only to  warran-
   24  ties,  extended warranties, or service contracts for electronics entered
   25  into on or after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06867-02-5