§ 2-274 Delay in Delivery.

   (a)   Delivery of the repaired or purchased item must be made by the date promised or stated for delivery in the written estimate, unless the consumer is notified of the delay and the new anticipated completion date in writing or by oral communication supplemented within one day by a writing. If complete repair is going to be delayed more than ten days the consumer must be informed of his or her right to request the immediate return of the property, completely reassembled.

   (b)   In the event that the consumer chooses to exercise this right, the dealer must immediately initiate and carry to completion whatever steps are necessary to secure the return of the consumer's product, and may charge the consumer only for work specified on the written estimate which was authorized and actually completed prior to the requested return of the product. Any deposit paid by the consumer in excess of what the dealer is entitled to receive, as described above, shall be returned immediately to the consumer.

§ 2-275 Display of Required Information.

Each dealer shall prominently and conspicuously display, in the area where products for the disabled are sold, rented, or accepted for repair or servicing, a sign which contains the following information:

   (a)   The true identity of the dealer, i.e.:

      (1)   in the case of a corporation, the true and complete corporate name;

      (2)   in the case of a partnership, the name of the partnership and the name of at least one of the partners;

      (3)   in all other cases, the name of at least one of the owners of the business;

   (b)   The business' current Department of Consumer Affairs License Number, and the telephone number of the Department's complaint division.

   (c)   The following notice, which shall be not less than 18 inches by 24 inches in dimension with letters of not less than 1 inch case print:

 

NOTICE THE NEW YORK CITY PRODUCTS FOR THE DISABLED LAW PROVIDES THAT: (1) The consumer is entitled to a written estimate for all repairs. (2) No repair work shall be done without the consumer's authorization. (3) The service dealer must return replaced parts to the consumer except:    (i) when the consumer specifically gives up the right to have removed parts returned;    (ii) when the dealer must return such parts to the manufacturer;    (iii) when there is no charge for the replacement of such parts;    (iv) when the dealer purchases the parts from the consumer. (4) The consumer is entitled to a final bill and an invoice at the time that the repair is completed. It is advisable for the consumer to retain both the bill and the invoice.

 

If the dealer charges for a written estimate, that fact shall be disclosed in Item 1 of the Notice set forth above.

§ 2-276 Return of Removed Parts.

Unless a consumer expressly waives in writing the right to have removed parts returned to him or her, all such parts shall be returned, except such parts as the service dealer requires for return to the manufacturer or distributor under a warranty arrangement and except where the part:

   (a)   is replaced under a service contract or maintenance agreement for a fixed fee and for a specified time, and where no additional charge is made to the consumer for repairs; or

   (b)   can be rebuilt and the dealer purchases it from the consumer for that purpose and indicates the credited value in the written estimate; and

   (c)   is considered by the dealer to be unsafe in which case he or she shall so inform the consumer and give the consumer the option of whether or not to accept the returned part.

§ 2-277 Final Bill and Invoice.

The final bill and invoice shall be delivered to the consumer at the same time. The final bill, in addition to the requirements specified in § 20-425(g) of the Administrative Code, shall contain:

   (a)   the date of the final bill;

   (b)   the true legal identity, business address and license number of the dealer, as shown on the license issued by this Department;

   (c)   the name and address of the consumer;

   (d)   the complete signature of the dealer or his or her agent;

   (e)   a statement of total charges, which shall include the basis for the computation of labor charges including the total time spent on repair and the labor rate per hour; and

   (f)   a statement of whether a replacement part is used, rebuilt, or reconditioned.

§ 2-278 Records Required to be Maintained by Dealer.

   (a)   The dealer must maintain, for a period of at least three years, for each consumer with whom business is transacted, a record containing the following information:

      (1)   all documents required by or described in this subchapter including:

         (i)   written estimates;

         (ii)   written authorizations of the estimates;

         (iii)   written notifications of delays in delivery dates;

         (iv)   final bills and invoices; and

         (v)   written waivers regarding the return of replaced parts.

      (2)   any document signed by the consumer or the consumer's agent, including copies of all correspondence between the dealer and the consumer regarding a product for the disabled.

      (3)   manufacturers' warranties or guarantees for repaired or serviced products, as applicable.

      (4)   dealer's warranties or guarantees for repaired or serviced products, as applicable.

      (5)   originals or copies of medical or other prescriptions for products for the disabled filled by the dealer for consumers.

      (6)   when estimates or authorization to commence work were oral:

         (i)   the date(s) and time(s) of such conversations;

         (ii)   the name of the consumer, or the consumer's agent, authorizing the dealer to commence work;

         (iii)   the name of the dealer or the dealer's agent receiving the oral authorization to commence work.

   (b)   The records referred to in this subchapter must be maintained on the licensed premises for a period of at least three years and be made available upon request to the commissioner, the commissioner's designee or other law enforcement officials.

Subchapter AA: General Vendors

§ 2-301 Proof of Payment of Sales Tax.

Each general vendor shall provide proof of payment of New York State and City sales tax for the previous two years when applying for renewal of a license.

§ 2-302 Department Notification.

Each general vendor shall notify the Department of Consumer Affairs within ten days if:

   (a)   he or she has been found to have committed 4 or more violations of any provision of the general vendors law or any of these regulations on separate occasions; or

   (b)   he or she has failed to answer a summons, appear for a hearing or pay a fine imposed by a department or court for violation of the general vendors law within 30 days of its imposition; or

   (c)   his or her home address or telephone number has changed.

   (d)   Each presently licensed general vendor shall notify the Department within 10 days of the effective date of these regulations of the address and names of the owners, manufacturers, suppliers, or distributors from whom the vendor receives his or her goods, and shall notify the Department within 10 days whenever this information has changed.