* § 670. Repair, replacement and refund under new wheelchair\nwarranties. 1. As used in this section:\n a. "Collateral costs" means expenses incurred by a consumer in\nconnection with the repair of a nonconformity, including the costs of\nobtaining an alternative wheelchair or other assistive device for\nmobility.\n b. "Consumer" means any of the following:\n (1) The purchaser of a wheelchair, if the wheelchair was purchased\nfrom a wheelchair dealer or manufacturer for purposes other than resale.\n (2) A person to whom the wheelchair is transferred for purposes other\nthan resale, if the transfer occurs before the expiration of an express\nwarranty applicable to the wheelchair.\n (3) A person who may enforce the warranty.\n (4) A person who leases a wheelchair from a wheelchair lessor under a\nwritten lease.\n (5) State governmental agencies, subscribers to article forty-three of\nthe insurance law, corporations, subscribers of organizations organized\nunder article forty-four of the public health law, and programs governed\nby title eleven of article five of the social services law.\n c. "Demonstrator" means a wheelchair used primarily for the purpose of\ndemonstration to the public.\n d. "Early termination cost" means any expense or obligation that a\nwheelchair lessor incurs as a result of both the termination of a\nwritten lease before the termination date set forth in that lease and\nthe return of a wheelchair to a manufacturer pursuant to subparagraph\nthree of paragraph b of subdivision three of this section. "Early\ntermination cost" includes a penalty for prepayment under a finance\narrangement.\n e. "Early termination savings" means any expense or obligation that a\nwheelchair lessor avoids as a result of both the termination of a\nwritten lease before that termination date set forth in that lease and\nthe return of a wheelchair to a manufacturer pursuant to subparagraph\nthree of paragraph b of subdivision three of this section. "Early\ntermination savings" includes an interest charge that the wheelchair\nlessor would have paid to finance the wheelchair or, if the wheelchair\nlessor does not finance the wheelchair, the difference between the total\namount for which the lease obligates the consumer during the period of\nthe lease term remaining after the early termination and the present\nvalue of that amount at the date of the early termination.\n f. "Manufacturer" means a person who manufactures or assembles\nwheelchairs and agents of that person, including an importer, a\ndistributor, factory branch, distributor branch and any warrantors of\nthe manufacturer's wheelchair, but does not include a wheelchair dealer.\n g. "Wheelchair" means any wheelchair, including a demonstrator, that a\nconsumer purchases or accepts transfer of in this state.\n h. "Wheelchair dealer" means a person who is in the business of\nselling wheelchairs.\n i. "Wheelchair lessor" means a person who leases a wheelchair to a\nconsumer, or who holds the lessor's rights, under a written lease.\n j. "Nonconformity" means a condition or defect that substantially\nimpairs the use, value or safety of a wheelchair, and that is covered by\nan express warranty applicable to the wheelchair or to a component of\nthe wheelchair, but does not include a condition or defect that is the\nresult of abuse, neglect or unauthorized modification or alteration of\nthe wheelchair by a consumer.\n k. "Reasonable attempt to repair" means that, within the term of an\nexpress warranty applicable to a new wheelchair, any nonconformity\nwithin the warranty is either subject to repair by the manufacturer,\nwheelchair lessor or any of the manufacturer's authorized wheelchair\ndealers, for at least three times and a nonconformity continues, or that\nthe wheelchair is out of service for an aggregate of at least thirty\ndays because of warranty nonconformity, after having been returned to\nthe manufacturer, wheelchair lessor or any of the manufacturer's\nauth
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