§ 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 [Repealed]

(Repealed City Record 1/6/2023, eff. 2/5/2023)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

§ 2-263 Construction.

   (a)   Nothing contained in 6 RCNY §§ 2-251 through 2-263 shall be construed to relieve a licensee from compliance with any other applicable laws of New York City, New York State or the United States.

   (b)   Nothing contained in 6 RCNY §§ 2-251 through 2-263 shall be construed to waive any right that a customer may have under common law or statute.

   (c)   In the event that all or any part of 6 RCNY §§ 2-251 through 2-263 are in conflict with any other regulation of the Department of Consumer Affairs, these regulations shall take precedence.

§ 2-264 Severability.

If any provision of 6 RCNY §§ 2-251 through 2-263 or the application of such provision to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are severable.

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

§ 2-271 Definitions.

   Dealer. "Dealer" as defined in § 20-425(f) of the Administrative Code:

      (1)   A person shall be deemed a "dealer" whenever:

         (i)   more than $4,000 of the annual gross receipts of the person's business during the previous tax year resulted from the selling, renting, repairing or adjusting of products for the disabled; or

         (ii)   more than 10 percent of the annual gross income of the person's business during the previous tax year was derived from selling, renting, repairing or adjusting of products for the disabled.

      (2)   A business located outside of New York City shall be deemed a "dealer" whenever the amount of its annual gross receipts or income derived from the sale, rental, repair or adjustment of products for the disabled for consumers residing in New York City equals or exceeds the amounts set forth in either subparagraph (1)(i) or (1)(ii) above.

   Licensed or registered by any other state or local law. A person "licensed or registered by any other state or local law" for purposes of exemption from the requirements of obtaining a license under the Products for the Disabled Law does not include a person licensed or registered by state or local law for an activity other than the selling, renting, repairing or adjusting of products for the disabled as defined in this subchapter. Not exempt, for example, are persons:

      (1)   certified by Medicaid;

      (2)   licensed by the New York City Department of Consumer Affairs as secondhand dealers;

      (3)   licensed by the New York State Department of Education as pharmacists; or

      (4)   possessing state tax certificates.

   Products for the disabled. "Products for the disabled" includes, in addition to the items set forth in § 20-425 of the Administrative Code, the following:

      (1)   orthotic devices except stock orthotic devices that are not custom fitted, nor substantially intended for use by the disabled (e.g. ace bandages and stock support hose);

      (2)   prosthetic devices except stock breast prostheses;

      (3)   self-help aids except:

         (i)   assistic devices for the blind, and

         (ii)   walkers, walkerettes and canes;

      (4)   ostomy supplies except non-durable or disposable stock ostomy supplies; (5) orthopedic or support shoes except those not designed specifically or substantially for the disabled.

Written response. For purposes of this subchapter whenever a dealer is required to obtain a "written" response from a consumer, such a response may be oral when the consumer is physically unable to write.