1. It shall be unlawful for a warrantor to include in any warranty agreement a clause that purports to limit a buyer‘s warranty protection on the basis that the buyer has, or may have, a claim under an existing warranty.

Terms Used In N.Y. General Business Law 733

  • Aftermarket rustproofing: means the application of rust-inhibiting material to various areas of a new motor vehicle after the vehicle has been assembled. See N.Y. General Business Law 730
  • Buyer: means a natural person who buys or receives aftermarket rustproofing on a new motor vehicle if such vehicle is bought for use primarily for personal, family or household purposes. See N.Y. General Business Law 730
  • Person: means an individual, partnership, corporation, association or any other legal entity. See N.Y. General Business Law 730
  • Warrantor: means any person who issues a written warranty pursuant to section seven hundred thirty-one of this article. See N.Y. General Business Law 730

2. It shall be unlawful for a warrantor to fail to notify a buyer in writing within ten business days of inspecting the buyer’s motor vehicle for rust damage whether the warranty claim will be allowed or denied. If the claim is denied, the specific reasons for the denial shall be stated in writing.

3. It shall be unlawful for a warrantor to fail to honor a buyer’s warranty claim on the basis that the aftermarket rustproofing was applied improperly, if such service was provided by a person authorized by the warrantor.

4. Nothing contained in this section shall be deemed to prevent a warrantor from refusing to honor a warranty claim based upon the failure of a buyer to comply with provisions of a warranty with respect to the proper care and maintenance of the aftermarket rustproofing.