Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 20. CONSUMER AFFAIRS |
Chapter 2. LICENSES |
Subchapter 25. PRODUCTS FOR THE DISABLED SALE, RENTAL, REPAIR AND SERVICING |
Section 20-430. Duties of licensees
Latest version.
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a. All work performed by a dealer shall be recorded legibly on an invoice which shall contain the license number and the exact name and business address of the person or business entity. The invoice shall fully, separately and clearly describe the type and make of the device, all service work performed, all parts supplied, the date or dates thereof, and all charges made and the computations thereof. A copy of the invoice shall be delivered to the customer and the other shall be retained by the dealer for a period of at least three years from the date of such delivery. b. Upon request by telephone, in person or in writing, the dealer must provide information as to price and anticipated delivery date for the rental, sale, repair or service of any product covered by this subchapter. c. The dealer must give a prospective customer a written estimate for labor and parts required for a specific job if he or she intends to take the job. No charge for work performed or parts supplied in excess of twenty percent over written estimate shall be made unless the consent of the customer was obtained as described in section 20-425 of this subchapter before such work was done, parts supplied or services rendered. d. The dealer shall return all replaced parts to the customer, except such parts as may be exempted from this requirement by regulations of the commissioner and except such parts as the service dealer requires for return to the manufacturer or distributor under a warranty arrangement. e. A dealer shall not make the remuneration, salary, wage or other compensation of any partner, staff member, or employee contingent or dependent upon, or in any manner determined by the value, price, quantity or type of parts replaced, upon any apparatus serviced or repaired by any person required to be licensed by this subchapter. f. Every dealer shall maintain any additional records required to be kept by regulations adopted by the commissioner for a period of three years. Such records must be available for inspection by the commissioner or other law enforcement officials. g. No dealer shall charge a total price, excluding tax, which is more than twenty percent above the written estimate. h. No dealer shall fail to deliver the repaired item or purchased goods, together with a final bill, as defined above, on the promised completion date, unless the consumer is notified of the delay and the anticipated completion date. If complete repair is delayed for an unreasonable period of time the consumer shall have the right to the immediate return of the property.