§ 2-259 Return of Removed Parts.

   (a)   Unless a customer waives the right to have removed parts returned to him or her, pursuant to 6 RCNY § 2-259(c), all such parts shall be returned to him or to her, except such parts as the service dealer requires for return to the manufacturer or distributor under a warranty agreement and except as provided by 6 RCNY § 2-259(b).

   (b)   Exhibit and tender of a removed part to the customer is sufficient,

      (1)   where the part:

         (i)   is replaced under a service contract or maintenance agreement for a fixed fee and for a specified time of at least nine months, where no additional charge is made to the customer for repairs; or

         (ii)   can be rebuilt and the licensee purchases it from the customer for that purpose and so notifies the customer by indicating the credited value in the Written Estimate; and

      (2)   where the licensee has so informed the customer; or

      (3)   where the licensee has determined that the part is unsafe, he or she shall so inform the customer and give the customer the option of whether or not to accept the returned part.

   (c)   A customer may not waive the right to have all removed parts returned:

      (1)   prior to the customer receiving a Final Bill, except where replacement parts are to be mailed from a distance exceeding fifty miles from the boundaries of New York City; and

      (2)   in all circumstances, unless the customer has signed a statement acknowledging such waiver.

§ 2-260 Picture Tubes. [Repealed]

(Repealed City Record 1/6/2023, eff. 2/5/2023)

§ 2-261 Warranties and Guarantees Given in Connection with Repairs.

A licensee shall warrant or guarantee:

   (a)   the individual parts replaced, for a minimum period of 90 days after the repaired item is delivered to the customer; and

   (b)   labor for such repairs, for a minimum period of 30 days after the repaired item is delivered to the customer. If the cause of the difficulty proves to be unrelated to parts replaced or servicing performed during the prior service call, a charge may be made for the parts and labor required to correct the problem.

§ 2-262 Insurance Coverage.

   (a)   A licensee shall at all times carry insurance which, in the opinion of the Commissioner, is adequate to protect the public. Sufficient coverage shall include protection against liability for damage done to the customer's property and against loss by fire and theft of the average number of articles entrusted to the licensee or his or her agents or left by customers at any one time with the licensee for service. Where special circumstances make it difficult or impossible to obtain the required insurance, an application may be made to the Commissioner for approval of a substitute means of coverage.

   (b)   A certificate of insurance, in which the insurance company undertakes to notify the Department of Consumer Affairs as an interested party, shall accompany every application for a license. Where a licensee's insurance coverage is suspended or revoked for any reason, the applicable insurance carrier shall promptly notify this Department of the extent and terms of the suspension or revocation.

   (c)   A licensee shall notify this Department within five working days of damage to, theft or loss of customers' property which is in excess of 10 per cent of the average number of articles entrusted to the licensee or his or her agents or left by customers at any one time with the license for service.

   (d)   Failure to maintain such insurance at all times shall be considered grounds for the suspension or revocation of a license issued pursuant to Subchapter 24 of Chapter 2 of Title 20 of the Administrative Code.