Section 218-AA. Warranty disclosure

1. As used in this section, the term
  "grey  markets  merchandise"  means  any  brand-name  consumer   product
  normally accompanied by a warranty valid in the United States of America
  which is imported into the United States through channels other than the
  manufacturer's  authorized  United  States  distributor, for sale to the
  public  in  this  state,  and  which,  by  reason  of  this  manner   of
  distribution, may not be accompanied by a manufacturer's express written
  warranty  valid in the United States.  Grey markets merchandise shall be
  limited to products purchased  by  a  consumer  for  use  primarily  for
  personal, family or household purposes.
    2.  Every  retail  dealer  who  knowingly offers for sale grey markets
  merchandise shall conspicuously  post,  in  the  following  manner,  the
  information required by subdivision three of this section:
    a. On a sign attached to the item itself; or
    b.  On  a sign affixed to each cash register or point of sale at which
  such goods are offered for sale; or
    c. On a sign so situated as to be clearly visible to  the  buyer  from
  the register.
    3.  Every  retail  dealer who offers for sale grey markets merchandise
  shall disclose, as applicable, that either some of  the  products  or  a
  specific product are not:
    a.  accompanied  by  the  manufacturer's  warranty valid in the United
  States; or
    b. accompanied by instructions in English; or
    c. eligible for a rebate offered by the manufacturer.
    4. Every retail dealer or dealer engaged in a mail-order business  who
  offers  for  sale  grey markets merchandise shall include the disclosure
  required  by  subdivision  three  of  this  section   in   any   written
  advertisement relating to such product. Such disclosure shall be made in
  type of a conspicuous size.
    5.  Any retail dealer who violates any provision of this section shall
  be liable, for a period of up to twenty days from the date of  purchase,
  to  the  buyer  for a refund or credit on credit-card purchases provided
  the product purchased has not been used or damaged by the buyer.
    6. Whenever there shall be a violation of this section an  application
  may  be  made  by  the attorney general in the name of the people of the
  state of New York to a court or justice having jurisdiction by a special
  proceeding to issue an injunction, and upon notice to the  defendant  of
  not  less than five days, to enjoin and restrain the continuance of such
  violations; and if it shall appear to the satisfaction of the  court  or
  justice  that  the  defendant  has,  in  fact, violated this section, an
  injunction may be  issued  by  such  court  or  justice,  enjoining  and
  restraining  any  further  violation,  without  requiring proof that any
  person has, in fact, been  injured  or  damaged  thereby.  In  any  such
  proceeding,  the  court  may  make allowances to the attorney general as
  provided in paragraph six of subdivision  (a)  of  section  eighty-three
  hundred   three  of  the  civil  practice  law  and  rules,  and  direct
  restitution. Whenever the court shall determine that a violation of this
  section has occurred, the court may impose a civil penalty of  not  more
  than  five  hundred  dollars  for each violation. In connection with any
  such proposed application, the attorney general is  authorized  to  take
  proof  and  make  a  determination  of  the  relevant facts and to issue
  subpoenas in accordance with the civil practice law and rules.
    7. Provided, however, that it shall be an affirmative defense that the
  consumer is provided with a  written  warranty  which  offers  equal  or
  greater  protection than the manufacturer's warranty through a warrantor
  demonstrated to be  a  financially  responsible  retailer,  distributor,

  importer   or   other   third  person  capable  of  fulfilling  warranty
  obligations.