(a) Scope. This section applies to all repairs of consumer goods except for repairs:
(1) performed at no charge; or
(2) made under an agreement with a fixed fee and specified time of at least one year that entitles a consumer to have all repairs made without additional charge; or
(3) performed by persons required to be licensed as television, radio or audio equipment repairers under the Administrative Code of the City of New York.
(c) Repairs made outside the home.
(1) Requirements upon taking possession.
(i) A repairer who takes possession of a consumer's property must immediately give the consumer a receipt and a written estimate. The receipt must contain:
(A) the legal name and the address of the repairer, disclosed in accordance with 6 RCNY § 5-01 "Legal Name"
(B) the name and signature of the person who actually takes the item;
(C) a description of the item, including make and model number, or such other features as will reasonably identify the item.
(ii) The written estimate must be signed by the repairer and must contain:
(A) a list of each part to be replaced and its replacement cost;
(B) a general description of the labor required for the repair and its cost;
(C) a statement of every additional charge such as charges for estimates or service calls;
(D) the promised date of completion (this need not be given if the repair is made the same day the item is first examined);
(E) a statement that the final cost, excluding tax, will not exceed the estimate by more than 20 percent. This statement need not appear if the repairer guarantees that the final cost will not be more than the estimate.
(iii) If it is impossible for the repairer to know what the repair problem is, the repairer may postpone giving the estimate, but must then add to the receipt the statement of:
(A) the charge (if any) for giving an estimate;
(B) the charge (if any) for pick-up and delivery; and
(C) every charge which will be imposed if the consumer does not authorize repairs.
(2) Requirements after taking possession.
(i) Before commencing repair work outside the home, a repairer must:
(A) give the consumer a written estimate (if one has not already been given); and
(B) get the consumer's signed authorization to do the repairs at the estimated price.
(ii) The written estimate must be as described in the preceding paragraph (1) of this subdivision (c). Time or distance problems may make it impractical to deliver a written estimate and to get a signed authorization before the date agreed upon for repair work to begin. If this is the case, the repairer may begin work after:
(A) giving the consumer an oral estimate of the cost of repairs; and
(B) getting the consumer's oral authorization to proceed; and
(C) putting a written estimate to the consumer in the mail.
(iii) Return of parts. After repair work is done, the repairer must give the consumer every part replaced, except for parts which were visibly defective when the consumer first sought the repair, such as torn auto upholstery, shattered auto glass or a broken watch crystal. A waiver of the right to receive replaced parts shall be effective if it is in the consumer's own handwriting, and states clearly that the consumer is entitled to the parts but does not want them. For parts in any of the following categories, the repairer may simply show and offer them to the consumer:
(A) parts too large to be easily moved;
(B) parts which must be returned to the manufacturer if the consumer wishes to take advantage of a warranty; and
(C) parts which the repairer buys from the consumer to rebuild.
(iv) Completion date. The repaired item shall be available on the promised completion date. If a delay is expected, the consumer must be notified and given a new completion date. When complete repairs are delayed for an unreasonable period of time, the consumer has the right to immediate return of the property.
(v) Final bill. When the consumer gets the repaired item back, the repairer must give the consumer a written final bill which:
(A) itemizes each part replaced, clearly identifying it (for example, by make, model, or serial number) and indicating the price of its replacement;
(B) indicates the labor required for repair, and the charge for that labor;
(C) clearly itemizes any other charges;
(D) is signed by the repair person. The final bill may not exceed the written estimate by more than 20 percent.
(d) Repairs made in the home.
(1) When repairs are done in the consumer's home, the repairer must give the consumer an estimate (in writing if the consumer wishes) and get his or her permission to proceed, before starting repairs. The estimate must include parts, labor and all other charges which the consumer will have to pay.
(2) The repairer must give the consumer a written final bill that itemizes all charges, in the manner prescribed in 6 RCNY § 5-54(c)(2)(v), and discloses the legal name of the repairer in accordance with 6 RCNY § 5-01 "Legal Name". In addition, the bill must legibly state the name of the person who actually did the repair. The bill may not exceed the estimate by more than 20 percent.
(3) The repairer must give to the consumer all replaced parts, except the repairer may simply show and offer to the consumer parts in the following categories:
(i) parts which must be returned to the manufacturer if the consumer wishes to take advantage of a warranty;
(ii) parts which the repairer buys from the consumer to rebuild.