§ 697. Definitions. Whenever used in this article: 1. "Consumer" means
a New York resident who is the purchaser, lessee or transferee of farm
equipment, other than for the purposes of resale.

2. "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.

3. "Express warranty" or "warranty" means the written affirmation of
fact or promise made by a supplier to a consumer in connection with the
sale of farm equipment which relates to the nature of the material or
workmanship, including any terms or conditions precedent to the
enforcement of obligations under that warranty.

4. (a) "Use deduction formula" shall be used on farm equipment which
does not contain an engine hour meter or for which hours is not the
basic usage standard and means a dollar amount obtained by multiplying
the full purchase price or lease price of the farm equipment by a
fraction, the denominator of which is one thousand eight hundred
twenty-five and the numerator of which is the number of days after
delivery of the farm equipment.

(b) "Non-seasonal equipment hours deduction formula" shall be used on
farm equipment which contains an engine hour meter and for which hours
is the basic usage standard and means the hours of use times the full
purchase price, or lease price if applicable, divided by five thousand
hours.

(c) "Seasonal equipment hours deduction formula" shall be used on
self-propelled harvesting equipment which contains an engine hour meter
and for which hours is the basic usage standard and means the hours of
use times the full purchase price, or lease price if applicable, divided
by two thousand hours.

5. "Lessee" means any consumer who leases farm equipment pursuant to a
written lease agreement which provides that the lessee is responsible
for repairs to such farm equipment.

6. "Lease price" means the aggregate of: (a) the lessor's actual
purchase cost; (b) the freight cost, if applicable; (c) the cost for
accessories, if applicable; (d) any fee paid to another to obtain the
lease; and (e) an amount equal to five percent of the lessor's actual
purchase cost as prescribed in paragraph (a) of this subdivision.

7. "Supplier" means the manufacturer, wholesaler or distributor that
issues the warranty effective in New York state for the farm equipment
sold by the dealer.

8. "Dealer" means any person selling or agreeing to sell farm
equipment under an agreement with a manufacturer, wholesaler or
distributor.

9. "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.