Limited Warranty

NEW YORK STATE USED VEHICLE DEALER

This limited warranty applies only to vehicles with a selling price of $1,500.00 or more. This limited warranty does not apply to vehicles with 100,000 miles or more on the odometer.

Section 1

Duration of limited warranty:

This Limited Warranty will commence at the time the vehicle is delivered to the Purchaser and will have the following duration: If the odometer reading shown above is 18,000 miles or less, you may be protected by the New Car Lemon Law. If the odometer reading shown above is more than 18,000 and up to and including 36,000 miles, coverage will apply for ninety (90) days after delivery or four thousand (4,000) miles, whichever comes first (subject to any remaining portion of the manufacturers warranty): or if the odometer reading shown above is more than 36,000 miles, but less than 80,000 miles, coverage will apply for sixty (60) days after or three thousand (3,000) miles, whichever comes first, or if the odometer reading shown above is more than 80,000 miles, up to 100,000 miles, coverage will apply for thirty (30) days after delivery or one thousand (1.000) miles, whichever comes first. The terms of this Limited Warranty will be extended at any time period during which the vehicle is in the possession of the Selling Dealer or its duly authorized agent for the purpose of making repairs required hereunder and by any time period during which repair services are not available to the Purchaser because of a war, invasion, strike, fire, flood or other natural disaster.


Section 2

Purchaser's obligation:

In the event of the failure of any part listed in the section entitled "COVERAGES", as seen below, the Purchaser must notify the Selling Dealer within the applicable warranty period described in Section 1 above and deliver the vehicle to Selling Dealers address, or to such other location as Selling Dealer may reasonably designate, and, upon request, provide Selling Dealer with written authorization to complete the necessary repairs.


Section 3

Selling dealer's obligations:

Subject to any remaining portion of the manufacturers warranty, the Selling Dealer will repair, without charge to the Purchaser, or, if it elects to authorize an agent to perform the repairs, will pay or reimburse the Purchaser for the reasonable cost of repairing, the failure of a covered part listed in the section entitled "COVERAGES" in the section below which is not excluded by the section entitled "NOT COVERED", also in the section below, provided that the Selling Dealer is notified by the Purchaser of such failure in accordance with Section 2 above within the applicable warranty period described in Section 1 above.


Section 4

Purchaser's legal rights:

The Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. If you have any questions regarding this Limited Warranty, please contact the Service Department at Selling Dealer's address.


Section 5

Non-transferability:

This Limited Warranty is extended only to the Purchaser named on contract and may not be transferred to any person other than the spouse or a child of the Purchaser.

This is the only warranty on this vehicle. The selling dealer shall not be responsible for incidental or consequential loss or damages arising from a loss of use, a loss of time or a loss of profits or income to the purchaser. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. All implied warranties, including the implied warranty of merchantability and fitness for a particular purpose, are hereby limited to that duration of time stated above, in the section entitled "Duration of Limited Warranty". Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.


Notice to used vehicle buyer

If you are entitled to a refund under section 198-b of the General Business Law, the dealer may, instead of returning your trade-in, pay you its wholesale value determined by reference to the National Auto Dealers Association Used Car Guide or another guide approved by the Commissioner Of Motor Vehicles, adjusted for mileage, improvements and major physical / mechanical defects, and not the value listed in the contract.


Parts covered

Engine: All lubricated parts, water pump, fuel pump, manifolds, engine block, cylinder head, rotary engine housings and flywheel.

Transmission: The transmission case, internal parts, and the torque converter.

Drive Axle: Front and rear axle housings and internal parts, axle shafts, propeller shafts and universal joints.

Brakes: Master cylinder, vacuum assist booster, wheel cylinders, hydraulic lines and fittings and disc brake calipers.

Steering: The steering gear housing and all internal parts, power steering pump, valve body, piston and rack.

Radiator, Alternator, Generator, Starter, Ignition System (excluding battery).

*PARTS NOT MENTIONED ABOVE ARE NOT COVERED*


Not covered

This Limited Warranty further excludes maintenance service and the parts used in connection with such services such as seals, gaskets, oil or grease; repairs of valves and/or rings to correct low compressor, and/or oil consumption which are considered normal wear.

a. EXCLUSIONS: tires, paint, upholstery and all parts, accessories, systems and components which are not listed in "parts covered" above are specifically excluded from coverage in this Limited Warranty. In addition, as to those parts listed in "parts covered" above, this Limited Warranty expressly excludes coverage:

b. For a failure of a covered part caused by a lack of customary maintenance;

c. For a failure of a covered part caused by collision, abuse, negligence, theft, vandalism, fire, or other casualty or damage from the environment (windstorm, lightning, road hazard, etc.);

d. If the odometer has been stopped or altered such that the vehicle's actual mileage cannot be readily determined or if any covered part has been altered such that a covered part thereby caused to fail;

e. For maintenance services and the parts used in connection with such services, such as seals, gaskets, oil or grease unless required in connection with the repair of a covered part;

f. For a motor tuneup;

g. For a failure resulting from racing or other competition;

h. For a failure caused by towing a trailer or other vehicle, unless the vehicle is equipped for this as recommended by the manufacturer;

i. If the vehicle is used to carry passengers for hire; 

j. If the vehicle is rented to someone else;

k. For property damage arising or allegedly arising out of a failure of a covered part; and

l. For loss of the use of the vehicle, loss of time, inconvenience, commercial loss or or consequential damages. 


New York State used car Lemon Law consumer bill of rights

(1) If you purchase a used car for more than $1,500, or lease a used car where you and the dealer have agreed that the car’s value is more than $1,500, from anyone selling or leasing three or more used cars a year, you must be given a written warranty.

(2) If your used car has 18,000 miles or less, you may be protected by the New Car Lemon Law.

(3) • If your used car has more than 18,000 miles and up to and including 36,000 miles, a warranty must be provided for at least 90 days or 4,000 miles, whichever comes first.

• If your used car has more than 36,000 miles but less than 80,000 miles, a warranty must be provided for at least 60 days or 3,000 miles, whichever comes first.

• If your used car has 80,000 miles or more but no more than 100,000 miles, a warranty must be provided for least 30 days or 1,000 miles, whichever comes first. Cars with over 100,000 miles are not covered.

(4) If your engine, transmission, drive axle, brakes, radiator, steering, alternator, generator, starter, or ignition system (excluding the battery) are defective, the dealer or his agent must repair or, if he so chooses, reimburse you for the reasonable cost of repair.

(5) If the same problem cannot be repaired after three or more attempts, you are entitled to return the car and receive a refund of your purchase price or of all payments made under your lease contract, and of sales tax and fees, minus a reasonable allowance for any damage not attributable to normal usage or wear, and, in the case of a lease contract, a cancellation of all further payments you are otherwise required to make under the lease contract.

(6) If your car is out of service to repair a problem for a total of 15 days or more during the warranty period you are entitled to return the car and receive a refund of your purchase price or of all payments made under your lease contract, and of sales tax and fees, minus a reasonable allowance for any damage not attributable to normal usage or wear, and, in the case of a lease contract, a cancellation of all further payments you are otherwise required to make under the lease contract.

(7) A dealer may put into the written warranty certain provisions which will prohibit your recovery under certain conditions; however, the dealer may not cause you to waive any rights under the law.

(8) A dealer may refuse to refund your purchase price, or the payments made under your lease contract, if the problem does not substantially impair the value of your car, or if the problem is caused by abuse, neglect, or unreasonable modification.

(9) If a dealer has established an arbitration procedure, the dealer may refuse to refund your purchase price until you first resort to the procedure. If the dealer does not have an arbitration procedure, you may resort to any remedy provided by law and may be entitled to your attorney’s fees if you prevail.

(10) As an alternative to the arbitration procedure made available through the dealer you may instead choose to submit your claim to an independent arbitrator, approved by the Attorney General. You may have to pay a fee for such an arbitration. Contact your local consumer office or Attorney General’s office to find out how to arrange for independent arbitration.

(11) If any dealer refuses to honor your rights or you are not satisfied by the informal dispute settlement procedure, complain to the New York State Attorney General, Executive Office, Capitol, Albany, N.Y. 12224.