§ 20-162. Appliance repair shops.

(1)

Definitions. As used in this section:

(a)

Appliance means:

(i)

Any consumer product, including but not limited to any television set, radio receiver, phonograph, tape recorder or stereophonic equipment designed for household use, tape and cassette players and recorders, compact disc and digital equipment, citizen band radio units, video systems and components, hand calculators, telephones and computers; and

(ii)

Major appliances, including but not limited to central air conditioning systems, refrigerators, stoves, washers, dryers, dishwashers, microwave ovens, garbage disposal and trash compactors.

(b)

Appliance repair shop means any person or business which, for compensation, engages in repairing, servicing or maintaining appliances owned by other persons.

(c)

Customer means the person who signs the written repair estimate, or any other person whom the person who signs the written repair estimate designates on the written repair estimate as a person who may authorize repair work.

(d)

Repair work includes electronic repairs, mechanical repairs, alterations, maintenance services, any work customarily undertaken by appliance repair shops as defined in paragraph (b) herein, and any diagnostic work incident thereto.

(e)

Final estimate means the last estimate approved by the customer either in writing or orally, as evidenced by the written repair estimate.

(2)

Written Repair Estimate and Disclosure Statement Required.

(a)

When any customer requests an appliance repair shop to perform repair work on an appliance, the cost of which will exceed fifty dollars ($50.00) to the customer, the shop shall prepare a written repair estimate, which is a form setting forth the estimated cost of repair work, including diagnostic work, before effecting any diagnostic work or repair. The written repair estimate shall also include the following items:

1.

The name, address and telephone number of the appliance repair shop.

2.

The name, address and telephone number of the customer.

3.

The date and time of the written repair estimate.

4.

The make, model and number of the appliance.

5.

The proposed work completion date.

6.

A general description of the customer's problem or request for repair work or service relating to the appliance.

7.

The estimated cost of repair.

8.

The charge for making a repair price estimate or, if the charge cannot be predetermined, the basis on which the charge will be calculated.

9.

The name and telephone number of another person who may authorize repair work if the customer desires to designate such person.

10.

A statement indicating what, if anything, in connection with the repair work is guaranteed, and the time period for which the guarantee is effective.

11.

A statement allowing the customer to indicate whether replaced parts should be saved for inspection or return.

(b)

If the cost of repair work will exceed fifty dollars ($50.00), the shop shall present to the customer a written notice conspicuously disclosing, in a separate, blocked section, only the following statement, in capital letters of at least 8-point type:

PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND SIGN:

I UNDERSTAND THAT UNDER BROWARD COUNTY ORDINANCE 81-77, I AM ENTITLED TO A WRITTEN ESTIMATE, IF MY FINAL BILL WILL EXCEED $50.

I REQUEST A WRITTEN ESTIMATE.

I DO NOT REQUEST A WRITTEN ESTIMATE AS LONG AS THE REPAIR COSTS DO NOT EXCEED $_____. THE SHOP MAY NOT EXCEED THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL.

I DO NOT REQUEST A WRITTEN ESTIMATE.

SIGNED___________DATE________

(c)

The information required by subsection (a)(8) and (9) need not be provided if the customer waives the right in writing to receive a written estimate.

(d)

A copy of the written repair estimate required by subsection (a) and the disclosure statement required by subsection (b) shall be given to the customer before repair work is begun. The disclosure statement may be provided on the same form as the written repair estimate.

(e)

Nothing in this section shall be construed to require an appliance repair shop to give a written estimated price if the appliance repair shop does not agree to perform the requested repair.

(3)

Charges for Estimate; Requirement of Waiver of Rights Prohibited.

(a)

No appliance repair shop shall charge for making a repair price unless, prior to making the price estimate, the shop:

1.

Discloses to the customer the amount of the charge or, if the amount cannot be determined, the basis on which the charge will be calculated; and

2.

Obtains authorization on the written repair estimate, in accordance with subsection (b), to prepare an estimate.

a.

It shall be unlawful for any appliance repair shop to require that any person waive any rights provided in this section as a precondition to the repair of his appliance by the shop.

(4)

Notification of Charges in Excess of Estimate; Certain Charges Unlawful; Refusal to Return Appliance Prohibited; Inspection of Parts.

(a)

In the event that:

1.

The written repair estimate contains only an estimate for diagnostic work necessary to estimate the cost of repair, and such diagnostic work has been completed; or

2.

A determination is made by an appliance repair shop that the actual charges for the repair work will exceed the written estimate by more than ten dollars ($10.00) or ten (10) percent, whichever is greater, but not to exceed fifty dollars ($50.00);

the customer shall be promptly notified by telephone, telegraph, mail, or other means of the additional repair work and estimated cost thereof. A customer so notified shall orally, or in writing, authorize, modify, or cancel the order for repair.

(b)

If additional repair work or charges are authorized by the customer in accordance with subsection (a), the shop shall legibly note such authorization on the written repair estimate. Such notation shall specify the date and time of authorization and shall also contain the additional amount of money authorized by the customer to be spent on the repairs, the name of the person who received the authorization, the name of the person who made the authorization and a description of the additional work authorized.

(c)

If a customer cancels the order for repair after being advised that a repair which such customer has authorized cannot be accomplished within the previously authorized estimate, the shop shall expeditiously reassemble the appliance in a condition reasonably similar to the condition in which it was received unless:

1.

The customer waives reassembly; or

2.

The reassembled appliance would be unsafe.

After cancellation of the repair order, the shop may charge for the cost of teardown, the cost of parts and labor to replace items that were destroyed by teardown, and the cost to reassemble the component or the appliance, provided the customer was notified of these possible costs in the estimate prior to commencement of the diagnostic work.

(d)

It shall be unlawful for an appliance repair shop to charge more than the written estimate plus ten dollars ($10.00) or ten (10) percent, whichever is greater, but not to exceed fifty dollars ($50.00), unless the appliance repair shop has obtained authorization to exceed the written estimate in accordance with subsection (a).

(e)

It shall be unlawful for any appliance repair shop to fail to return any customer's appliance because the customer has refused to pay for unauthorized repairs, or because the customer has refused to pay for repair charges in excess of the final estimate plus ten dollars ($10.00) or ten (10) percent, whichever is greater, but not to exceed fifty dollars ($50.00).

(f)

Upon request made at the time the repair work is authorized by the by the customer, the customer is entitled to inspect parts removed from such customer's appliance, or, if the shop has no warranty arrangement or exchange parts program with a manufacturer, supplier or distributor, have them returned.

(5)

Invoice Required. The appliance repair shop shall provide each customer, upon completion of any repair, a legible copy of an invoice for such repair. The invoice may be provided on the same form as the written repair estimate and shall include the following information:

(a)

The current date.

(b)

A statement indicating what was done to correct the problem or a description of the service provided.

(c)

An itemized description of all labor, parts and merchandise supplied and the costs thereof, indicating what is supplied to the customer without cost or at a reduced cost because of a shop or manufacturer's warranty.

(d)

A statement identifying any replacement part as being new, used, rebuilt or conditioned, as the case may be.

(e)

A statement indicating what, if anything, in connection with the repair work is guaranteed and the time period for which the guarantee is effective.

(6)

Records. Each appliance repair shop shall maintain repair records which shall include written repair estimates and repair invoices. A customer's records shall be available to the customer for inspection and copying for a period of six (6) months. A reasonable charge may be made for copying if copying facilities are available. The customer may not remove such original records from the premises.

(Ord. No. 81-77, § 4, 8-11-81; Ord. No. 89-28, § 2, 7-11-89; Ord. No. 90-16, § 3, 7-10-90; Ord. No. 1997-28, § 2, 7-8-97)