§ 697-b. Affirmative defenses. It shall be an affirmative defense to claim under this section that: (a) the nonconformity, defect or condition does not substantially impair the value, use or safety of the equipment; (b) the nonconformity, defect or condition is the result of abuse, neglect or unauthorized modifications or alterations of the farm equipment; (c) a claim by the consumer was not filed in a timely manner; or (d) any other affirmative defense allowed by law.

Terms Used In N.Y. General Business Law 697-B

  • Consumer: means a New York resident who is the purchaser, lessee or transferee of farm equipment, other than for the purposes of resale. See N.Y. General Business Law 697
  • Farm equipment: means any self propelled farm equipment and implements of husbandry and the accessories and parts included in the sale or lease of same designed and manufactured primarily to be used for agricultural purposes and for the United States market or in compliance with the laws and standards of the United States for which the purchase or lease price for each piece of farm equipment exceeds one thousand five hundred dollars and which is being transferred for the first time from a manufacturer, distributor or new farm machinery dealer and has not been registered or titled in this state or any other state. See N.Y. General Business Law 697
  • Nonconformity: means any condition of the farm machinery that substantially impairs the value or safety of such equipment, or its use for the purpose for which it was intended. See N.Y. General Business Law 697
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