Section 616. Definitions  


Latest version.
  • Whenever used in this article, unless the context
      clearly requires otherwise, the following words or terms shall have  the
      following meanings:
        1. "Person" means an individual, partnership, corporation, association
      or other legal entity.
        2.  "Motor  vehicle" means any motor vehicle as defined in section one
      hundred twenty-five of  the  vehicle  and  traffic  law  which  is  used
      primarily for personal, family or household purposes.
        3.  "Consumer"  means  the  person who purchased the part for purposes
      other than resale or any person to whom the motor vehicle on  which  the
      part  is  installed  is  transferred  during  the  term  of the warranty
      provided by section six hundred seventeen of this article and any  other
      person,  other  than a seller, entitled by the terms of such warranty to
      enforce the obligations of the warranty.
        4. "Part" means any equipment or apparatus intended for use in a motor
      vehicle, including but not limited to a new part; a part which has  been
      removed    from   another   motor   vehicle   and   modified,   rebuilt,
      remanufactured, improved, or reconditioned; and a used  part,  except  a
      used  part  which is removed from a motor vehicle and sold to a consumer
      without any attempt to improve the condition of the part  and  which  is
      clearly  marked  as  being  in  "as-is" condition.   Notwithstanding the
      above, the term "part" shall not include any equipment or apparatus used
      in repairing a motor vehicle or any component of such motor  vehicle  if
      the  repair  is regulated by article twelve-A of the vehicle and traffic
      law.
        5. "Seller" means any person who sells parts either to a  consumer  or
      to a purchaser for the purpose of resale to a consumer.
        6.  "Initial  seller"  means  the  seller  who manufactured, modified,
      rebuilt, remanufactured, improved, reconditioned or recycled the part or
      who first sold the part.
        7. "Intermediate seller" means  any  seller  other  than  the  initial
      seller.