§ 5-54 Repair of Consumer Goods.
RCNY § 5-54
(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.
(b)Repairs under $15. When a repairer says repairs will cost $15 or less (including all charges), the repairer's final bill may not exceed that estimate by more than 20 percent. 6 RCNY §§ 5-54(c) and 5-54(d) do not apply to these repairs.
(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.
(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.
(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.
