§ 616. Definitions. Whenever used in this article, unless the context clearly requires otherwise, the following words or terms shall have the following meanings:

Terms Used In N.Y. General Business Law 616

  • 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. See N.Y. General Business Law 616
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Initial seller: means the seller who manufactured, modified, rebuilt, remanufactured, improved, reconditioned or recycled the part or who first sold the part. See N.Y. General Business Law 616
  • Motor vehicle: means any motor vehicle as defined in § 125 of the vehicle and traffic law which is used primarily for personal, family or household purposes. See N.Y. General Business Law 616
  • 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. See N.Y. General Business Law 616
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, partnership, corporation, association or other legal entity. See N.Y. General Business Law 616
  • Seller: means any person who sells parts either to a consumer or to a purchaser for the purpose of resale to a consumer. See N.Y. General Business Law 616

1. "Person" means an individual, partnership, corporation, association or other legal entity.

2. "Motor vehicle" means any motor vehicle as defined in § 125 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.

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