§ 20-423 Review.

The provisions of article seventy-eight of the civil practice law and rules shall be applicable to this subchapter.

§ 20-424 Exceptions.

This subchapter shall not apply to any of the following:

   1.   the government of the United States or any department or agency thereof;

   2.   any school, public or private, offering as part of a vocational education program, courses and training in repair service and the instructors and teachers thereof; provided the exclusion granted herein shall be applicable only to repair service rendered in and as part of a regularly constituted vocational education program and when such repair service is not offered to the public for compensation or other consideration.

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/039.

Subchapter 25: Products for the Disabled; Sale, Rental, Repair and Servicing

§ 20-425 Definitions.

Whenever used in this subchapter the following terms shall mean:

   a.   "Disabled" means a person who has a physical or medical impairment resulting from anatomical or physiological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques.

   b.   "Products for the Disabled" means any instrument or device either represented as an aid for or designed specifically or substantially for the disabled. This includes but is not limited to: braces, crutches, prosthetic devices, ostomy supplies and equipment, orthotic devices, self-help aids and wheelchairs. This subchapter does not apply to prosthetic dental devices, or any product, instrument or device the manufacturing, retailing or distribution of which is licensed by any other state or local law.

   c.   "Person" means any firm, partnership, association, corporation or individual.

   d.   "Dealer" means any person who engages in a business which substantially involves the selling, renting, repairing, or adjusting of products for the disabled, and who is not licensed or registered by any other state or local law.

   e.   "Repair and Service" includes repair, adjustment, modification, maintenance, removal or installation of any integral parts, attachments or accessories to products for the disabled, whether done for compensation, other consideration, or under a warranty.

   f.   "Written Estimate" means a signed writing containing:

      1.   a listing of the parts to be replaced and the cost of the replacements; and

      2.   a general description of the labor required for the repair and its cost; and

      3.   a statement of additional charges, if any, for the estimate, any service call, or any other extra charge excluding tax; and

      4.   the promised date of completion of the repair or delivery of purchased goods; and

      5.   a form statement that the final cost, excluding tax, will not exceed the estimated cost by more than twenty percent. This statement need not be given if the final cost, excluding tax, will not be more than the estimated cost.

   g.   "Final Bill" means a signed writing containing:

      1.   an itemization of each replacement part, including a description by make and model or serial number or by class and type or such other description as will reasonably identify each part, and including the charge for each replacement part; and

      2.   a statement of the labor required for the repair and the total cost of such labor; and

      3.   a statement of additional charges, if any, for the estimate, pickup and delivery, service charge and any other charges.