§ 109-d. Emergency vehicle warranties. 1. Definitions. As used in this\nsection:\n a. "Ambulance" means a motor vehicle designed, appropriately equipped\nand used for the purpose of: (i) transporting emergency medical\npersonnel and equipment to sick or injured persons; and (ii) carrying\nsick or injured persons by a person or entity registered or certified as\nan ambulance service by the department of health, that was subject to a\nmanufacturer's express warranty at the time of original delivery and was\npurchased or transferred in this state within either the first eighteen\nthousand miles of operation or two years from the date of original\ndelivery, whichever is earlier.\n b. "Fire vehicle" means a motor vehicle specially designed and\nequipped for firefighting purposes which was subject to a manufacturer's\nexpress warranty at the time of original delivery and was purchased or\ntransferred in this state within either the first two thousand hours of\nservice or two years from the date of original delivery, whichever is\nearlier.\n c. "Municipal consumer" means a political subdivision or fire company\nwhich is the purchaser or transferee of a fire vehicle or ambulance and\nany other person entitled by the terms of the warranty to enforce the\nobligations of such warranty.\n d. "Warranty" means the written warranty, so labeled, of the\nmanufacturer and any other warranties set forth in the manufacturer's or\nits agent's bid or offer submitted where competitive bidding is required\nby statute, rule, regulation or local law, including but not limited to,\na bid or offer submitted pursuant to the competitive bidding\nrequirements of section one hundred three of this article, and including\nany conditions precedent to the enforcement of obligations under such\nwarranties.\n 2. Warranties. a. (i) If a new fire vehicle which is sold and\nregistered in this state does not conform to all express warranties\nduring the first two thousand hours of service or during the period of\ntwo years following the date of original delivery of the fire vehicle to\nthe municipal consumer, whichever is the earlier date, or if a new\nambulance which is sold and registered in this state does not conform to\nall express warranties during the first eighteen thousand miles of\noperation or during the period of two years following the date of\noriginal delivery of the ambulance to the municipal consumer, whichever\nis the earlier date, the municipal consumer shall during such period\nreport the nonconformity, defect or condition to the manufacturer, its\nagent or its authorized dealer. If the notification is received by the\nmanufacturer's agent or authorized dealer, the agent or dealer shall\nwithin seven days forward written notice thereof to the manufacturer by\ncertified mail, return receipt requested, and shall include in such\nnotice a statement indicating whether or not such repairs have been\nundertaken. The manufacturer, its agent or its authorized dealer shall\ncorrect said nonconformity, defect or condition at no charge to the\nmunicipal consumer, notwithstanding the fact that such repairs are made\nafter the expiration of such period of operation or such two year\nperiod.\n (ii) If a manufacturer's agent or authorized dealer refuses to\nundertake repairs within seven days of receipt of the notice by a\nmunicipal consumer of a nonconformity, defect or condition pursuant to\nsubparagraph (i) of this paragraph, the municipal consumer may\nimmediately forward written notice of such refusal to the manufacturer\nby certified mail, return receipt requested. The manufacturer or its\nauthorized agent shall have twenty days from receipt of such notice of\nrefusal to commence such repairs. If within such twenty day period, the\nmanufacturer or its authorized agent fails to commence such repairs, the\nmanufacturer, at the option of the municipal consumer, shall replace the\nfire vehicle or ambulance with a comparable vehicle, or accept return of\nt
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