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Advertising which is untrue, misleading or deceptive is prohibited. This includes, but is not limited to, advertising which does not comply with the following requirements:
(a) advertisements shall contain the true business identity of the principal service dealer, as shown on the license issued by this Department;
(b) advertisements shall not list a location for a repair service unless the service dealer actually maintains a place of business where repairs are accepted at the designated location;
(c) the use of terms such as, "guarantee," "guaranteed," "warranty," "warranteed," "no fix-no pay," "service dealer warranty," "service dealer guarantee," or words of like import, are prohibited unless a summary of the significant terms or qualifications thereof are clearly and completely stated including:
(1) the nature and extent of the guarantee or warranty as to duration and whether it applies to parts or labor or both; and
(2) the identity of the guarantor or warrantor. The advertisement must clearly identify whether the service dealer, the manufacturer, the retailer or any combination thereof is the guarantor or warrantor;
(d) if such terms as "repaired in the home" or "estimates given" are included in an advertisement, where there is a charge for this service, it shall be so stated therein;
(e) when using the word "free" or other words of similar import or meaning in advertising to which this section is applicable, all the terms, conditions and obligations upon which receipt and retention of a free item of merchandise or service are contingent must be set forth, clearly and conspicuously, at the outset so as to leave no reasonable probability that the terms of the advertisement or offer might be misunderstood. Stated differently, all of the terms, conditions and obligations must appear in close conjunction with the word "free," or similar words, in advertising. Disclosure of the terms of the offer, set forth in a footnote of an advertisement to which reference is made by an asterisk or other symbol placed next to the word "free" is not regarded as making disclosure at the outset. The terms, conditions and obligations must be printed in a type size at least half as large as the word "free" or the words of similar import or meaning. Offers of "free" merchandise or services, which may be deceptive for failure to meet the provisions of this section, may not be corrected by the substitution for the word "free" of such similar words and terms as "gift," "given without charge," "bonus," or other words and terms which tend to convey to the consuming public the impression that an article of merchandise or service is "free"
(f) terms such as "24 hour," "Day and Night," or "7-day" service, or words of like import, shall not be used to describe the operations of the service dealer unless, in close conjunction with such terms, it is also specified whether the service dealer actually performs repair service, will actually complete repairs or is open solely to accept repairs within such time or times;
(g) it shall not be stated or implied in any advertisement that repairs or services will be performed by a person who is "Factory Trained," "Factory Authorized," "Authorized," "Certified," or words of like import, unless such words are true and unless the name of the organization which has trained, authorized or certified such person appears in close conjunction with such word or words. None of these terms shall be used, if its use is based upon the fact that a license has been issued by the Department of Consumer Affairs.
(a) Required information on licensee's sign. Each licensee must prominently display in the department or area where electronic and home appliances are accepted for repair at each location of the service dealer a sign which contains the following information:
(1) the true identity of the service dealer:
(i) in the case of a corporation, the true and complete corporate name;
(ii) in the case of a partnership, the name of the partnership;
(2) the licensee's policy to accept "cash only" or "cash or certified check only," where applicable; and
(3) the following notice, which must be not less than 18 inches by 24 inches in dimension with letters of not less than 1 inch case print:
NOTICE NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS REQUIRES THAT:
1. The customer is entitled to a Written Estimate for all repairs.
2. No repair work shall be done without the customer's authorization.
3. In most circumstances, the service dealer must return replaced parts to the customer. If the service dealer charges for a written estimate, this fact shall be disclosed in Item 1 of the Notice set forth above.
(Amended City Record 7/26/2018, eff. 8/25/2018)
(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.
(a) Estimate and authorization required. Every licensee who makes a repair in the customer's home shall not commence work without:
(1) informing the customer of his or her right to request a Written Estimate and, if there is a charge for a Written Estimate, the amount of such charge; and
(2) furnishing the customer or his or her agent with an estimate, which shall be in writing if the customer so requests and which conforms in substance to the requirements of a Written Estimate, as defined in 6 RCNY § 2-254(a)(1), (2), (4), (5) and (6); and
(3) obtaining the customer's or his or her agent's signed authorization to proceed with repairs, except that such authorization may be orally communicated under the circumstances and in the manner specified in 6 RCNY § 2-254(e) and (f).
(b) Final bill required. Every licensee who makes a repair in the customer's home shall not collect a fee for repair unless the licensee has first delivered a Final Bill, as defined in 6 RCNY § 2-257, to the customer or his or her agent. If neither the customer nor his or her agent is present, the Final Bill shall be left at the customer's premises. The estimate, authorization and Final Bill may be contained in the same document, so long as the information required by 6 RCNY § 2-255(a) and (b) is included therein.
(c) Charges in excess of estimate. The total charges (excluding tax) for repairs shall not exceed the original estimate by more than 20 percent, without licensee first receiving the customer's written or oral consent to proceed with repairs, as provided by 6 RCNY § 2-254(f). When the customer does not authorize the increased cost estimate, the licensee must reassemble the item, in which case the licensee shall receive payment for only those repairs and costs which were authorized and completed, and only to the extent of the price provided in the estimate.
(d) Disclosure of service call charge. A licensee who charges for a service call separately from the costs of repair shall fully disclose these policies prior to making a service call. If the charge for a service call is not a fixed, but a variable amount, a licensee must also disclose the applicable method of computation. Failure to make such disclosures shall be deemed to be an untrue and misleading practice.
(a) A licensee shall conspicuously set forth on the Written Estimate a delivery date or range of delivery dates, pursuant to 6 RCNY § 2-254(a)(3).
(b) Delivery of the repaired item, together with a Final Bill, as defined in 6 RCNY § 2-257, shall be made by the latest date promised or stated for delivery in the Written Estimate, unless the customer is notified of the delay and the new anticipated delivery date or range of delivery dates in writing or by verbal communication supplemented within one day by a writing. If the customer does not accept a new delivery date, then he or she must be informed of his or her right to request return of his or her property, completely reassembled, in which case the licensee shall receive payment for only those charges specified on the Written Estimate which were authorized and actually completed. If the customer does not agree to the licensee's request for an extension of time, and if the licensee originally picked up the property at the customer's premises, then the property shall be returned to the customer's premises within five working days; in all other cases, the property shall be ready within three working days to be picked up by the customer or his or her agent.
(c) When failure to make timely delivery is caused solely by the customer, a strike, or an act of God, it shall not be a violation of this section, except that notice of the delay and the new anticipated delivery date or range of delivery dates shall be given to the customer as soon as possible in the manner provided in 6 RCNY § 2-256(b).
(a) A licensee shall give a legible copy of the Final Bill, together with the repaired item, to every customer.
(b) A Final Bill shall mean a writing containing:
(1) the date of the Final Bill;
(2) the true legal identity, business address and license number of the service dealer, as shown on the license issued by this Department;
(3) the name and address of the customer;
(4) a description of the item serviced, including make, model and serial number, where available, or such other features as will reasonably identify the item left for repair;
(5) the complete and legible signature of the licensee or his or her agent, or in cases where service is performed and completed in the customer's home, the signature of the licensee's agent who performed the service; and
(6) a statement of total charges.
(c) The statement of total charges shall include:
(1) an itemized list of and description of parts replaced, which must:
(i) include a description by make, model and serial number or by class and type of each part, where available, or such other description as will reasonably identify each part; and
(ii) state if a part is used, rebuilt or reconditioned, provided however that if a picture tube is installed, the description of such replacement tube shall conform to the requirements provided by 6 RCNY § 2-260; and
(iii) state the charge for each part replaced; and
(iv) not contain miscellaneous charges such as "shop materials" or "shop supplies," or other similar all-inclusive phrases, which exceed $3.00; and
(v) state if any part was replaced under a warranty or guarantee arrangement or for "no charge" and
(vi) state the licensee's policy regarding warranties and guarantees on parts and labor, including:
(A) the licensee's warranties or guarantees given in connection with repairs, and
(B) warranties or guarantees honored by the licensee.
(2) a statement or description of the labor or technical services performed for which a charge was imposed, which shall include:
(i) the total cost for such labor; and
(ii) if time is relevant to the computation of labor charges, the total time spent on repair and the labor rate per hour; or
(iii) any other basis used for computation and a description of the applicable method of computation.
(3) a statement of any additional charges, if any, for the Written Estimate, pick-up and delivery, service call, storage, installation and any other charges.
(b) A licensee must retain for a period of at least three (3) years, an original or a legible copy of all documents required by these regulations.
(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.
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