§ 2-259 — Return of Removed Parts by Service Dealers

§ 2-259 Return of Removed Parts by Service Dealers.

(a) Unless a customer waives the right to have removed parts returned to them, pursuant to 6 RCNY § 2-259(c), all such parts must be returned to such customer, 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 service dealer 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 service dealer has so informed the customer; or (3) where the service dealer has determined that the part is unsafe, provided that such service dealer must 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. (Amended City Record 8/6/2026, eff. 9/8/2026)