New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle BB - State Energy Office
Chapter II - Codes And Standards
Subchapter F - Solar Thermal Systems
Part 7830 - Warranty And Sales Requirements For Systems And Components
Section 7830.5 - Responsibilities of sellers

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7830.5

Current through Register Vol. 46, No. 39, September 25, 2024

(a) No seller shall offer for sale or sell a solar thermal system in New York State unless such seller has complied with this Part.

(b) Every agreement for the sale of a solar thermal system shall be in writing and be subscribed by the seller or his lawful agent and the customer or his lawful agent. The following statement shall appear on the face of every such agreement in a clear and conspicuous manner: "No specific thermal performance for this solar system is warranted unless stated herein."

(c) All agreements for the sale of a solar thermal system shall contain or be accompanied by the following documents and information:

(1) the seller's name and mailing address;

(2) the seller's warranty as described in subdivision (f) of this section;

(3) the system manufacturer's warranty and all other information required to be provided by the system manufacturer as described in section 7830.6 of this Part;

(4) any written warranties provided by component manufacturers intended for the benefit of the customers;

(5) operation and maintenance instructions;

(6) where the seller is not also the installer, installation instructions, including a listing of necessary connecting parts appropriate for use with the system;

(7) where the seller is also the installer, the installation warranty and all other information required to be provided to the customer under section 7830.7 of this Part;

(8) the cost of the solar thermal system; and

(9) financing arrangements, if applicable.

(d) If component manufacturers' express warranties required in paragraph (c)(4) of this section cannot be provided at the time of the sales agreement, such warranties shall be provided at the time of delivery of the solar thermal system.

(e) All express warranties given by a seller shall be in writing.

(f) A seller must give the following minimum warranties to customers in accordance with section 7830.9 of this Part:

(1) a full one-year warranty against a defect in materials, manufacture or design of a solar thermal system; provided that a seller need not warrant against a defect in design where the solar thermal system is manufactured or assembled or designed and packaged in accordance with technical design specifications provided by the customer, or his lawful agent; and

(2) a full three-year warranty against a defect in materials, manufacture or design of a solar collector, tank and heat exchanger; provided that a seller need not warrant against a defect in design where the solar collector, tank or heat exchanger is manufactured or assembled or designed and packaged in accordance with technical design specifications provided by the customer or his lawful agent. Such warranties shall begin on the date installation of the system is complete.

(g) No seller shall offer for sale a solar thermal system unless such seller makes available to the prospective customer the information specified in subdivision (c) of this section.

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