(a) Scope. This section applies to the sale of furniture and major appliances for use in a home. Furniture includes chairs, tables, cabinets, desks, sofas, carpets, beds and chests. This section does not apply to furniture which is in substantial part custom-made. Major appliances include air conditioners, audio and video equipment, clothes dryers and washing machines, dishwashers, freezers, refrigerators, stoves, ranges, ovens, sewing machines, and televisions. This section does not apply to sales of major appliances which have a purchase price of two hundred dollars or less.
(b) Disclosure.
(1) When a consumer orders furniture or a major appliance, the seller must disclose an estimated delivery date or range of delivery dates, conspicuously on the consumer's copy of the order.
(2) When a seller will not be able to deliver furniture or a major appliance by the latest estimated delivery date disclosed on the order, the seller must immediately notify the consumer in writing of:
(i) the delay;
(ii) a new estimated delivery date or range of delivery dates; and
(iii) the consumer's options, as set forth in 6 RCNY § 5-50(d), if delivery is not made by the latest estimated delivery date on the order. The seller does not need to notify the consumer of a delay in delivery if the delay is caused entirely by the consumer.
(c) Seller's extension of time due to strike. When a delay in a delivery is caused by a strike, the seller is entitled to an additional amount of time equal to the duration of the strike to make the delivery.
(d) Consumer options if a seller fails to deliver.
(1) When a seller does not deliver furniture or a major appliance by the latest estimated delivery date on the order, unless the seller's time has been extended because of a strike, the consumer can:
(i) cancel the order and request a refund; or
(ii) cancel the order and request a credit for the full amount paid; or
(iii) negotiate a new delivery date; or
(iv) select new furniture or another major appliance.
(2) If the consumer cancels the order and requests a full refund or a credit for the full amount paid, the seller must give the consumer the full refund or credit for the full amount paid within two weeks of the consumer's request.
(3) If the consumer negotiates a new delivery date, the new date chosen shall replace the latest delivery date stated on the original order. The consumer shall have the same rights with respect to the new date as if it were the latest delivery date disclosed on the original order.
(4) This subdivision (d) does not apply if the delay or failure to deliver is caused entirely by the consumer.