Section 697-A. Warranty to consumers

1.  Every  supplier  of  new farm
  equipment which is sold within or outside of this state shall provide  a
  fair  and reasonable warranty on all new farm equipment that shall be of
  no less duration than twelve  months  following  the  date  of  original
  delivery  of  the  farm  equipment  to  the  consumer.  If  the new farm
  equipment does not conform to all applicable express  warranties  during
  the  warranty period, and the consumer reports the nonconformity, defect
  or condition to the supplier or its dealer in writing before the end  of
  the  warranty period, or verbally within thirty days before the warranty
  ends and then in writing within thirty days after the expiration of  the
  warranty  period, such supplier or dealer shall make such repairs as are
  necessary to conform the new equipment to such express warranties at  no
  charge to the consumer.
    1-a.  Farm  equipment  that  is  not specifically manufactured for the
  United States market or in compliance with the laws and standards of the
  United States is not covered by this article. A dealer  who  sells  such
  farm  equipment shall receive written acknowledgement from the purchaser
  that the purchaser has been  made  aware  that  such  equipment  is  not
  covered by this article.
    2.  If  the  supplier  or  its  dealer  are unable to conform the farm
  equipment  to  any  applicable  express  warranty   by   repairing   the
  nonconformity  after  a  reasonable number of attempts, the supplier, at
  the option of the  consumer,  shall  replace  the  farm  equipment  with
  comparable  farm  equipment  provided  that such comparable equipment is
  available from the supplier, or accept return of the equipment from  the
  consumer  and  refund  to  the  consumer  the full purchase price or, if
  applicable, the lease price and any trade-in  allowance  plus  fees  and
  charges,  less  a  deduction  for use calculated pursuant to the formula
  provided in subdivision four of section six hundred ninety-seven of this
  article. For purposes of this section, fees and  charges  shall  include
  but  not  be  limited  to  license  fees,  registration  fees  or  other
  governmental  charges.  Refunds  shall  be  made  to  the  consumer   or
  lienholder,  if  any,  as  their  interests may appear on the records of
  ownership.  Such  refund  shall  also  be  accompanied  by  the   proper
  application  for  credit  for  refund  of  state  and local sales tax as
  published by the department of taxation and finance and by a notice that
  the sales tax paid on the purchase price, lease price or portion thereof
  being refunded is refundable by the commissioner of taxation and finance
  in accordance with the provisions of subdivision (f) of  section  eleven
  hundred thirty-nine of the tax law.
    3.  If  a  dealer  refuses  to  undertake  the repairs within the time
  allotted pursuant to subdivision one of this section, the  consumer  may
  immediately  forward written notice of such refusal to the supplier, who
  shall have twenty days from receipt of  such  notice  to  commence  such
  repairs.
    4.  (a) If the supplier refuses to undertake the repairs, the supplier
  shall provide information for consumer complaint  remedies  which  shall
  inform  the consumer of, among other things, whether an informal dispute
  settlement mechanism has been established by the supplier  and  how  the
  consumer may avail himself or herself of such mechanism.
    (b)  If  a  supplier  has  established  an informal dispute settlement
  mechanism, such mechanism shall provide, at a minimum, the following:
    (i) That the arbitrators and the consumers who request arbitration are
  given a written copy of the provisions of this article together with the
  notice set forth below entitled "New Farm Equipment Bill of Rights"  and
  that  the  arbitrators  participating  in  such mechanism are trained in
  arbitration and are familiar with the provisions of this article;

    (ii) That the consumers, upon request, are  given  an  opportunity  to
  make an oral presentation to the arbitrator; and
    (iii) That the rights and procedures used in the mechanism comply with
  federal regulations promulgated by the federal trade commission relating
  to informal dispute settlement mechanisms.
    (c)  Each  consumer  shall  have  the option of submitting any dispute
  arising under this section, upon the payment of a prescribed filing fee,
  to  an  alternate  arbitration   mechanism   established   pursuant   to
  regulations  promulgated  hereunder  by the state attorney general. Upon
  application of the consumer and payment of the filing fee, all suppliers
  shall submit  to  such  alternate  arbitration,  and  shall  pay  a  fee
  established  pursuant  to  regulations  of  the  attorney  general. Such
  alternate arbitration shall be conducted by a professional arbitrator or
  arbitration firm appointed by the state attorney general. Such mechanism
  shall insure the personal objectivity of its arbitrators and  the  right
  of  each  party  to  present  its  case,  to be in attendance during any
  presentation made by the other  party  and  to  rebut  and  refute  such
  presentation.   In   all  other  respects,  such  alternate  arbitration
  mechanism shall  be  governed  by  article  seventy-five  of  the  civil
  practice law and rules.
    (d) A supplier shall have up to thirty days from the date the consumer
  notifies  the  supplier  of  his  or  her acceptance of the arbitrator's
  decision to comply with the terms of that decision.  Failure  to  comply
  with  the  thirty  day  limitation  shall  also  entitle the consumer to
  recover a fee of twenty-five dollars a day  for  each  business  day  of
  noncompliance  up  to  five  hundred  dollars.  Provided,  however, that
  nothing contained in this paragraph shall  impose  any  liability  on  a
  supplier where a delay beyond the thirty day period is attributable to a
  consumer  who has requested replacement farm equipment built to order or
  with options that  are  not  comparable  to  the  farm  equipment  being
  replaced  or otherwise made compliance impossible within said period. In
  no event shall a consumer  who  has  resorted  to  an  informal  dispute
  settlement  mechanism  be  precluded from seeking the rights or remedies
  available by law.
    (e) A court may award  reasonable  attorney's  fees  to  a  prevailing
  plaintiff  or  to  a  consumer  who  prevails  in any judicial action or
  proceeding arising out of an arbitration  proceeding  held  pursuant  to
  paragraph  (c)  of this subdivision. In the event a prevailing plaintiff
  is required to retain the services of an attorney to enforce  collection
  of  an  award  granted  pursuant  to  this section, the court may assess
  against the supplier reasonable attorney's fees for services rendered to
  enforce collection of such award.
    (f) Any action brought pursuant to this  section  shall  be  commenced
  within  twenty-four  months of the date of original delivery of the farm
  equipment to the consumer.
    (g) It shall be presumed that a reasonable  number  of  attempts  have
  been  undertaken to conform the farm equipment to the applicable express
  warranties, if: (i) the same nonconformity, defect or condition has been
  subject to repair four times by the supplier or its  authorized  dealers
  and such nonconformity continues to exist; or (ii) the farm equipment is
  out of service by reason of repair of one or more nonconformities by the
  supplier  or  its  dealer for a cumulative total of thirty calendar days
  during the warranty period.
    (h) The term of an express warranty, the one year warranty period  and
  the thirty day out of service period shall be extended by any reasonable
  time  during which repair services are not available to the consumer for
  reasons which shall include war, terrorist attack, pestilence,  invasion

  or  strike,  fire,  flood  or  other  natural disaster or unforeseen and
  unanticipated extraordinary circumstances.