Loading...
(a) Any registrant shall provide to every consumer upon request a written estimate of repairs the total of which exceeds twenty-five dollars ($25.00). The estimate shall state the name and address of the motor vehicle's owner, the make, year and tag number of the motor vehicle and the odometer reading, and the total estimated cost of:
(1) All parts which shall be listed with reasonable particularity. If used or rebuilt parts are to be installed, they shall be so designated;
(2) Description of motor vehicle problem as described by consumer as well as any specific repair requested by consumer;
(3) Labor charges and method of computation;
(4) Incidental service charges;
(5) Charges, if any, for release of the motor vehicle in the event that the motor vehicle is not repaired; and
(6) Charges, if any, for making the estimate.
Any registrant may charge a reasonable fee for making estimates; provided, that a reasonable time is needed for diagnosis of the problem and disclosure of the fee is made prior to making the estimate. The consumer shall not be charged for the provision of such an estimate unless such a fee is disclosed prior to making the estimate.
(b) Any express warranty of parts or workmanship shall be stated.
(c) In the event that a determination is made that the actual charges for the repairs or maintenance will exceed the total written or oral estimate by more than ten (10) percent of the total estimate, the consumer or his designated agent shall be immediately notified by telephone, telegram, mail or written notice of the new estimated charges. Such notification shall be at the expense of the registrant. A consumer so notified may authorize the new estimate charge or may cancel the order for repairs. Such authorization or cancellation must be confirmed in writing by the registrant or his employee. If the order for repair is canceled by the consumer, the unrepaired or partially repaired motor vehicle shall be released expeditiously in reasonably like condition as received unless it is impossible to reinstall removed part or parts and upon payment of whatever charge is imposed for the services performed on the vehicle.
(d) Except as otherwise provided herein, no registrant or his employee shall perform any motor vehicle repair or maintenance on the basis of an estimate prepared by other than the registrant or his employee. With respect to the performance of repairs or maintenance on the basis of estimates prepared by third parties, registrants shall have the responsibility to exercise their independent judgment regarding the nature and the scope of the work to be performed and the parts, materials and labor involved in making such repairs. Nothing herein shall be construed to prohibit a registrant from adopting, accepting or incorporating a third party's estimate into its own estimate for any repair work, by endorsing such third party estimate in writing with the words "adopted," "accepted," "incorporated" or with words of similar import; provided, that the registrant, in so doing, acknowledges in writing that its own opinion coincides with that of the estimate adopted or incorporated from the third party; and further provided, that the registrant incorporates any additional information necessary to assure that the registrant's estimate complies with the provisions of this chapter. (1975 L.M.C., ch. 21, § 1; 1975 L.M.C., ch. 29, § 2; 1980 L.M.C., ch. 10, § 1.)
(a) All repair and maintenance work done by any registrant or his employees shall be recorded on an invoice detailing and describing all services or work performed and all parts supplied and the exact charge for each such part or service, except where the total charge is less than fifteen dollars ($15.00).
(1) Invoices shall state the name and address of the owner of the motor vehicle and the year, make, tag number and odometer reading.
(2) Invoices shall specify if any used or rebuilt parts are supplied and, if used, such parts shall be clearly identified and such fact shall be clearly stated.
(3) Invoices shall include the parts number of all parts replaced or installed. Except where parts have a warranty of ninety (90) days or more, invoices shall include the brand name and parts number of all parts replaced or installed.
(4) No miscellaneous designations, such as shop materials or shop supplies, may be used, unless the consumer is given reasonable notice at the time he brings his vehicle in for service of the method of computation of this charge. It shall be prima facie evidence that such notice has been given if there is posted, in a conspicuous place at the point where vehicles are normally received for repair, a sign stating that such charge shall be made and the method of its computation.
(5) If labor is charged by the clock hour, this fact shall be disclosed on the invoice and labor shall be itemized and the time spent on each service and the labor cost of each such service shall be stated along with the total time and total labor charges.
(6) If labor is charged by the flat rate manual or any flat rate measure, this fact shall be disclosed.
(7) The final invoice shall contain the name, initials or number of the mechanic or mechanics, the registration number of the shop, as well as a statement that the repairs charged for were needed and were performed. A statement that repairs were needed is not required when repairs are specifically requested by the consumer or approved by the consumer upon recommendation by the shop.
(8) The final invoice shall be signed by the registrant, shop manager or his designee who shall verify that the motor vehicle has been tested or test driven when needed and that in his opinion the mechanic's work was performed satisfactorily. The consumer may specifically waive in writing the requirement to test drive the vehicle.
(9) Every final invoice or work order shall contain the customer's instructions or descriptions of symptoms regarding his vehicle's needs and the shop's diagnosis of the problem or problems and shall specify any express warranty of parts or workmanship.
(b) One (1) copy of the invoice shall be given to the consumer and one (1) copy shall be retained by the registrant or business establishment for a period of at least one (1) year. (1975 L.M.C., ch. 21, § 1; 1980 L.M.C., ch. 10, § 1; 1980 L.M.C., ch. 34, § 1; 1983 L.M.C., ch. 42, § 3.)
Upon request, any registrant or his employee shall give to a requesting consumer an estimated completion date for repairs or maintenance, in writing, or disclose in writing that a completion date is undeterminable. An automotive repair facility shall not incur any liability for breach of the written estimated completion date for a repair if such delay is caused by an act of God, strike, unexpected illness or unexpected shortage of labor or parts. (1975 L.M.C., ch. 21, § 1; 1980 L.M.C., ch. 10, § 1; 1980 L.M.C., ch. 34, § 1; 1983 L.M.C., ch. 42, § 4.)
The automotive repair facility shall return replaced parts to the customer except parts required to be returned to the manufacturer or distributor under a warranty agreement or parts disposed of with the oral or written consent of the customer. (1975 L.M.C., ch. 31, § 1; 1980 L.M.C., ch. 10, § 1.)
(a) All business establishments which engage in motor vehicle repair or maintenance shall give reasonable notice of the consumer's right to a written estimate. It shall be prima facie evidence of such notice if there is posted in a conspicuous place at the point where vehicles are normally received for repair, a sign two (2) feet by three (3) feet stating: "Under the provisions of the Montgomery County Code, all customers are entitled to a written estimate upon request before repair work over $25 is begun and this business must comply with that law."
(b) Each business establishment engaged in the business of motor vehicle repair or maintenance shall give reasonable notice of its policy on storage charges. It shall be prima facie evidence of such notice if there is posted in a conspicuous place at the point where vehicles are normally received for repair, a sign stating its storage policy; provided, that no storage charge shall accrue or be due and payable for a period of twenty-four (24) hours from the date of notification to a consumer of the completion of repairs or services, unless otherwise agreed. (1975 L.M.C., ch. 21, § 1; 1980 L.M.C., ch. 10, § 1.)
Loading...