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(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.
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.
(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.
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