(a) Definitions.
Written estimate. For purposes of this subchapter, the term "Written estimate" shall mean a signed writing containing:
(1) a list of the parts to be replaced and the costs of the replacements, as well as a general description of the labor required for the repair and its total cost; and
(2) a statement of the additional charges, if any, including any already incurred for the Written Estimate, pick-up and delivery, service call, storage, installation, the temporary loan of an electronic or home appliance during the repair of the customer's property, or any other extra charges, excluding tax; and
(3) the estimated delivery date or range of delivery dates of the repair; and
(4) a statement that the final cost (excluding tax) will not exceed the estimated cost by more than 20 percent. If such statement is not provided, it shall be presumed that the final cost (excluding tax) will not exceed estimated cost; and
(5) the licensee's policy regarding warranties and guarantees on parts and labor, including:
(i) the licensee's warranties or guarantees given in connection with repairs, and
(ii) any manufacturer's warranties or guarantees honored by the licensee with respect to the servicing performed; and
(6) a brief description of the item's malfunction by the person or persons who diagnosed the repair.
(b) Work order required. Any licensee or his or her employee who removes an electronic or home appliance from a home or accepts the same for repair at his or her place of business shall, before removing or taking custody thereof, furnish the customer or his or her agent with a legible copy of a Work Order, which shall also serve as a receipt, stating the following information:
(1) the legal business identity, address, license number and telephone number of the principal licensee, as shown on the license issued by this Department;
(2) the name and signature of the person who actually takes the electronic or home appliance into custody;
(3) a description of the electronic or home appliance, including make, model and serial number, where available, or such other features as will reasonably identify the item accepted for repair;
(4) the date the set was accepted for repair;
(5) the name and address of the owner of the electronic or home appliance;
(6) a brief description by the customer of the item's malfunction;
(7) the date or range of dates on which the customer is to receive a Written Estimate, if not already furnished;
(8) a written schedule of charges, if any, for giving a Written Estimate, pick-up and delivery, service call, storage, installation, and the temporary loan of an electronic or home appliance during the repair of the customer's property, and any other charges; where a licensee's policy is to credit any of the above charges to the final cost of the repair, such credit shall be clearly indicated in computation of the Written Estimate; and
(9) notice that "Pursuant to the Regulations of the Department of Consumer Affairs, your property is covered against loss by fire, theft or damage while in the custody of the service dealer."
(c) Written estimate and signed authorization required. Prior to the commencement of work, a licensee must provide the customer or his or her agent with a Written Estimate and on the same document secure the customer or agent's signed authorization to repair at the Written Estimate price. The Work Order, Written Estimate, authorization and Final Bill may be included in the same document, so long as the information required by 6 RCNY § 2-254(a) and (b) and the provisions of 6 RCNY § 2-257 is included therein.
(d) Return of unauthorized repair. If, after receiving the Written Estimate, the customer or his or her agent fails to authorize the repairs at the estimated cost, the electronic or home appliance shall be returned within five working days in substantially the same condition as when released to the licensee. In this case, the licensee shall be entitled to receive payment only for those items specified in 6 RCNY § 2-254(b)(8) which were actually provided and disclosed on the Work Order.
(e) Exemption from requirement of written estimate. 6 RCNY § 2-254(c) shall not apply and the Written Estimate of the total charges for repair may be verbally communicated to the customer if the licensee informs the customer of the customer's right to a Written Estimate, and if:
(1) time or distance constraints make it impractical to deliver a Written Estimate and obtain a signed authorization before the date agreed upon for repairs to commence; and
(2) oral agreement to proceed is reached with the customer before the actual repair is commenced and the licensee:
(i) mails a copy of the Written Estimate to the customer before such repairs are commenced, and
(ii) a notation is made of the date, time, person receiving the authorization to commence, and the name of the person authorizing the repairs. Once oral agreement is reached and the Written Estimate is mailed, the licensee need not wait for the customer to receive the mailed Written Estimate or return a written consent before commencing repairs.
(f) Charges in excess of estimate.
(1) Total charges (excluding tax) for repairs made shall not exceed the original estimate or any subsequent estimate by more than 20 per cent, without the previous written or oral consent of the customer. Such consent may be communicated orally, provided that a notation is made of the date, time, person receiving such consent, and the name of the person authorizing the additional repairs and the licensee mails a copy of the Written Estimate to the customer before such repairs are commenced.
(2) When the final total charges (excluding tax) exceed the estimate by more than 20 percent and the customer does not authorize the increased cost estimate, the licensee must reassemble the item and return same within five working days, without charging the customer a sum in excess of repairs completed and authorized in the Written Estimate.
(g) Exemption. Repairs made pursuant to an agreement between the customer and the service dealer that, for a fixed fee and for a specified time of at least nine months, an electronic or home appliance will be maintained or repaired without additional charge, are exempted from all of the provisions of this section, except 6 RCNY § 2-254(b)(1) through (6) and (8) and (9), but only to the extent of those repairs covered by such agreement.