4-228-250 Work requiring customer authorization - Estimates.
No work for compensation shall be commenced and no charges shall accrue without specific authorization from the customer in accordance with the following requirements:
(a) Every motor vehicle repair shop shall give to each customer a firm price or a written estimated price for labor and parts for a specific repair, including an estimate of the time necessary to complete the repair, and shall not charge for repair work done or parts supplied in excess of ten percent or $15.00, whichever is less, of the estimated price without oral or written consent of the customer. Such consent shall be obtained after it is determined that the estimated price is insufficient and before the work estimated is done or parts estimated are supplied. If such consent is oral the repair shop shall make a notation on the work order and on the invoice of the date, time, name of person authorizing the additional repairs, and telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost. The repair shop shall obtain the customer's consent before any additional work not estimated is done or parts not estimated are supplied.
(b) The motor vehicle repair shop shall include with the written estimated price a statement of any automotive repair service which, if required to be done, will be done by someone other than the repair shop. No service shall be done by someone other than the original repair shop without the consent of the customer, unless the customer cannot reasonably be notified. The repair shop shall be responsible, in any case, for any such service in the same manner as if said repair shop had done the service.
(c) If it is necessary to disassemble, or partially disassemble, a vehicle or vehicle component in order to provide the customer with a written estimate for required repair or maintenance, the estimate shall show the cost of reassembly in the event the customer elects not to proceed with the repair or maintenance of the vehicle. The estimate shall also include the cost of parts and necessary labor to replace those expendable items, such as gaskets, seals and O rings, which are normally destroyed by such disassembly. If the act of disassembly might prevent the restoration of the same unit to its former condition, the repair shop shall fully inform the customer of that fact in writing on the estimate to tear it down, inspect and report before any disassembly begins. The repair shop shall prepare a written estimated price for labor and parts necessary for the required repair or maintenance. The customer's authorization to proceed with such repair or maintenance shall be obtained in accordance with all laws and regulations applying to a written estimated price for a specific job.
(d) If a repair shop has provided an itemized estimate of repairs which lists parts to be supplied and labor operations to be performed, and if such repairs have been authorized, no change will be made in the method of repair or parts supplied without the authorization of the customer. The repair shop shall document such authorization by recording on the repair order and on the invoice the date, time, name of customer, and telephone number called, if any, together with a description of the charges authorized and any change in price.
(e) If the customer is unable to deliver the motor vehicle to the repair shop during business hours and the customer has requested the repair shop to take possession of the motor vehicle for the purpose of repairing or estimating the cost of repairing the motor vehicle, the repair shop shall not undertake the diagnosing or repairing of any malfunction of the motor vehicle for compensation unless such repair shop has complied with all of the following conditions:
(1) The repair shop has prepared a written estimate of the price for labor and parts necessary to repair the motor vehicle; and
(2) By telephone or otherwise, the customer has been given all of the information on the written estimate and the customer has approved the written estimate; and
(3) The customer has given his/her oral or written authorization to the repair shop to make the repairs pursuant to the written estimate.
If such authorization is oral, the repair shop shall make, on both the written estimate and the invoice, a notation of the name of the person authorizing the repairs, the date, the time, and the telephone number called, if any. Any charge for parts or labor in excess of the original estimate must be separately authorized by the customer as provided in Section 4-228-250(d) of this chapter.
(f) After receiving the estimate, the owner or his/her agent may either authorize the repairs at the estimate of cost and time, request return of the motor vehicle in a disassembled state, or assembled in reasonably the same condition as when released to the licensee, in which case the licensee shall make the motor vehicle available for possession within three working days from the time of request, and the licensee shall receive payment for only those items on the schedule of charges to which he/she is entitled. If authorization of an estimate of total charges for repairs and an estimate of time to complete repairs is made by telephone, the licensee shall record in writing on the work order or invoice the date, time, name of the person authorizing the repairs and the telephone number called together with a list of parts, labor and the total cost.
(g) If the licensee is unable to complete the repairs in the time estimated, he/she shall notify the owner or his/her agent of this fact, after which notification the owner or his/her agent may request return of the motor vehicle in either an assembled or disassembled state, in which case the licensee shall make the motor vehicle available for possession within three working days from the date of request and the licensee shall receive payment for the work actually done and those items on the schedule of charges to which he/she is entitled.
(h) A customer may waive the right of written estimate if such waiver is voluntary and without coercion by the licensee. A motor vehicle repair shop or anyone in its employ shall not make use of the waiver in an attempt to evade this chapter or the regulations promulgated hereunder. Nothing in this section shall be construed as requiring a motor vehicle repair shop to give a written estimated price if the repair shop does not agree to perform the requested repair.
(i) A motor vehicle repair shop shall not intentionally make repairs upon a motor vehicle which are not necessary to correct the malfunction for repair of which its services were sought. A repair shop shall not represent that it has performed work or replaced parts on a motor vehicle when said shop has not performed the work or replaced the parts.
(j) Upon request of the customer at the time the work order is taken, the motor vehicle repair shop shall return replaced parts to the customer upon the completion of the work except such parts as the motor vehicle repair shop is required to return to the manufacturer or distributor under a written warranty or exchange agreement. If such parts must be returned to the manufacturer or distributor, the repair facility, at the time the work order is taken and request made, shall offer to show, and upon acceptance of such offer or request shall show, such parts to the customer upon completion of the work, except that the repair shop shall not be required to show a replaced part when no charge is being made for the replacement part.
(k) Those parts and components that are replaced and that are sold on an exchange basis are exempt from the provisions of Section 4-228-250(j) of this chapter requiring the return of replaced parts to the customer, provided the customer is advised said parts are not returnable in writing on the estimate and/or invoice. When a request is made prior to commencement of the work the repair facility shall provide a reasonable opportunity to the customer to inspect the part that is to be repaired or replaced.
(l) (1) All motor vehicle repair shops shall give all prospective customers an estimated price quotation or the option to waive the price quotation by completing the following statement with the customer's signature:
You are entitled to a price estimate for the repairs you have authorized. The repair price may be less than the estimate, but will not exceed the estimate by more than ten percent or $15.00, whichever is less, without your consent. You may waive your right to a written estimate and require that you be notified if the price exceeds an amount you have specified.
You may waive your right to an estimate which gives the repair shop the right to set the price without your permission.
Your signature will indicate your selection.
(a) I request an estimate in writing before you begin repairs.
Signature _____________
(b) Please proceed with repairs but call me for approval before continuing if the price exceeds $________
Signature _____________
(c) I do not want an estimate and you may set the price of repairs.
Signature _____________
Date _____________
Time _____________
This estimated price for authorized repairs will be honored if the motor vehicle is delivered to the shop within ten days.
(2) A customer shall be informed of his/her right to receive or see replaced parts as provided in this section prior to the customer executing any document or engaging the facility or mechanic for the work. The information shall be given to the customer on the face of any contract, work order form, or other document evidencing the engagement of the facility or by separate written document, in at least 14-point boldface type, as follows:
You are entitled by law to the return of all parts replaced, except those which are too heavy or large, and those required to be sent back to the manufacturer or distributor because of warranty work or an exchange agreement. You are entitled to inspect the parts which cannot be returned to you.
(3) All motor vehicle repair shops shall give customers the choice of receiving replaced parts by including on all estimate forms the following statement:
I request the return of parts replaced.
I do not want replaced parts returned to me.
The above statement shall be in 14-point or larger bold capital typeface and executed with one legible copy to the customer requesting repairs.
(m) The invoice shall show the repair shop's license number and the corresponding business name, address, the date of the invoice, the date the vehicle was presented to the repair shop for repair or servicing, the odometer reading on the vehicle on the date the vehicle was left with the repair shop, the odometer reading at the time the invoice was prepared, a promised date of delivery, if any such date was given, the name of the customer, the description of the vehicle and the terms and time limit of any guarantee for the repair work performed. In addition the invoice shall describe all repair work done by a motor vehicle repair shop, including all warranty work, and shall separately identify each part supplied in such manner that the customer can understand what was purchased, including the name of the manufacturer of such parts and the total price charged for all parts and labor. Service work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for service work and for parts, not including sales tax, and shall state separately the sales tax, if applicable, to each. The name of any distributor giving a warranty of 90 days or more and/or 3,000 miles may be recorded on the invoice in lieu of the name of the manufacturer of the parts. If any used, rebuilt or reconditioned parts are supplied, the invoice shall clearly state that fact. If a part of a component system is composed of new and used, rebuilt or reconditioned parts, the invoice shall clearly state that fact. A legible copy of such invoice shall be given to the customer and a legible copy will be retained by the motor vehicle repair shop for a period of two years from the time of repair as a part of the repair shop's records.
(n) A motor vehicle repair shop shall not perform any services not authorized by the customer by a work order. If a repair shop prepares a written work order, a legible copy shall be given to the customer. If a written work order is prepared by the customer, such work order shall be attached to the invoice. If the customer gives an oral work order, the oral work order shall be noted on the invoice and shall include the date, time, manner of authorization, telephone number called, if any, and by whom such authorization was given. For the purposes of this section, the standard work order agreement provisions are as follows:
(1) Authorization of repairs to be made;
(2) Permission to operate the motor vehicle;
(3) Acknowledgment of mechanic's lien to secure amount of repairs;
(4) Limitation on liability for loss or damage, if any.
(o) All repair work performed by the motor vehicle repair shop and all parts used to perform such repairs shall be warranted for a minimum of 90 days and/or 3,000 miles or there shall be a statement on the estimate and invoice to the effect that the work performed or parts supplied by the motor vehicle repair shop are not warranted for said period.
(1) If a licensee provides a warranty on repair parts and labor, such licensee shall put such warranty in writing and give a legible copy of the warranty to the customer. The customer's copy of the warranty must contain:
(A) the nature and extent of the warranty, including a description of parts or service included or excluded from the warranty;
(B) the duration of the warranty and requirements to be performed by warrantee before the warrantor will fulfill the warranty;
(C) all conditions, limitations and the manner in which the warrantor will fulfill the warranty, such as repair, replacement or refund;
(D) any options of the warrantor or warrantee; and
(E) the warrantor's identity and address.
(2) When repair or diagnostic work is performed pursuant to a warranty, a licensee shall give an estimate of time to complete the repairs as required in Section 4-228-250(a) of this chapter.
(3) The customer shall be furnished with all warranty information as required by the Federal Magnuson-Moss Warranty – Federal Trade Commission Improvement Act (15 U.S.C. Section 2301, et seq.) and regulations issued pursuant to said Act.
(4) It shall be a violation of this section if a licensee fails to honor any warranty or refuses to perform repairs which are covered by warranties provided pursuant to this chapter.
(p) A motor vehicle repair shop shall operate a customer's vehicle while in its possession only in accordance with the directions of the customer or as is necessary to repair or road test the vehicle.
(q) Other than the disclosures and statements required by this chapter, if any other preprinted provision is stipulated on a document which the customer signs, it must be no smaller than eight point type. If any provisions appear on a side other than that which the customer signs a notice must appear just above the customer's signature calling attention to additional terms and conditions and their location on the document.
(r) (1) Before taking custody of a motor vehicle, the licensee or his/her agent shall provide the owner or his/her agent with a written itemized schedule of charges, if such charges are made, to include the following items:
(B) Total charges for release of the motor vehicle in reasonably the same condition as when delivered to licensee if repairs are not made;
(C) Total charges for release of the motor vehicle in a disassembled state if it is not repaired;
(D) Towing charges;
(E) Storage charges;
(F) Itemized list of all other charges, other than those included in the estimate.
(2) Written estimates must indicate the hour labor charge and how it is computed; i.e., by clock hours or flat rate. If flat rate, the manual used must be specified. However, a repair shop may utilize a job rate which covers both labor and parts, provided a list of parts is included in the estimate and invoice. If flat rate time is used, the customer shall be shown relevant time rates as listed in the manual, on request.
(3) Except for the estimated price, a licensee shall not charge a person for a service not recorded on the schedule of charges. The licensee shall retain one copy of the schedule of charges signed by the motor vehicle owner or his/her agent for a period of two years.
(4) If the motor vehicle is brought to a licensee's establishment by a towing service which is either an agent of the motor vehicle owner or an agent of the licensee, and there is no opportunity for the licensee to present a schedule of charges to the owner before taking custody, the licensee shall provide, either in writing or by telephone, a schedule of charges at the time of giving the estimate of repairs.
(5) Upon reasonable notice a customer may remove a vehicle from a repair shop, during the repair shop's business hours, upon paying for:
(A) Labor actually performed;
(B) Parts actually installed;
(C) Parts ordered specifically for the customer's car if the order is not cancelable or the parts not returnable for cash or credit;
(D) Storage charges imposed in accordance with the schedule of charges.
(6) A customer has the right to inspect his/her vehicle before paying for repair work. The inspection must be on the premises of the repair shop. Nothing in this chapter shall be construed as allowing a customer to remove his/her car from the premises of the repair shop before paying the bill.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 4-16-97, p. 42621, § 1; Amend Coun. J. 5-9-12, p. 27485, § 106; Amend Coun. J. 11-8-12, p. 38872, § 114)
Editor's note – Coun. J. 5-9-12, p. 27485, § 106, renumbered former § 4-228-060 as this § 4-228-250.
