Customers of watercraft repair dealers have similar rights and protections as do customers of automobile repair dealers. The following acts or omissions shall be deceptive practices in the conduct of the business of a watercraft repair dealer.
1. Making any statement, written or oral, which is untrue or misleading or which is known to be untrue or misleading.
2. Commencing work for compensation without securing one of the following:
- Specific written authorization from the customer which states the nature of the repair requested or problem presented; or
- If the customer's watercraft is presented to the repair dealer during other than normal working hours by one other than the customer, oral authorization from the customer to proceed with the requested repair by a notation on the repair order and/or invoice of the repair, date, time, name of person granting such authorization and the telephone number if any, at which said person was contacted.
3. Commencing work for compensation without either:
- Providing the customer with a written estimated price to complete the repair quoted in terms of not-to-exceed figure; or
- Providing the customer with a written estimated price quoted as a detailed breakdown of parts and labor necessary to complete the repair. If the dealer makes a diagnostic examination, the dealer has a right to charge the customer for the cost of the diagnosis. Charge must be agreed to in advance by the customer. Should it be necessary to haul the watercraft and or to transport it to the repair facility, charges for such hauling and/or transportation shall be disclosed in advance and itemized separately on the estimate or invoice; or
- Providing the customer with a written estimated price to complete a specific repair; or
- Obtaining from the customer a written authorization to proceed with repairs not in excess of a specific dollar amount; or
- If the customer waives his right to a written estimate in a written statement, signed by the customer, obtaining from the customer oral approval of an estimated price of repairs evidenced by a notation on the repair of the estimated price of repairs, date, time, name of person approving such estimate, and the telephone number if any, at which such person was contacted; or
- If the customer's watercraft is presented to the repair dealer during other than normal working hours or by one other than the customer, obtaining from the customer either: a written authorization to proceed not in excess of a specific dollar amount; or oral approval of an estimated price of repairs, date, time, name of person approving such estimate and the telephone number, if any, at which such person was contacted.
4. Failure to provide a customer with a copy of any receipt or document signed by him, when he signs it.
5. Failure to return replaced parts to the customer at the time of completion of work, provided that the customer, before work is commenced, requests such return, and provided that the parts are not impractical to return.
6. Failure to record on an invoice all repair work performed by a watercraft dealer or for a customer, itemizing separately the charges for parts and labor, and clearly stating whether any new, rebuilt, reconditioned or used parts have been supplied. A legible copy shall be given to the customer.
7. The failure to deliver to the customer a legible written copy of all guaranties, itemizing the parts, components and labor represented to be covered by such guaranty or in the alternative, delivery to the customer of a guaranty covering all parts.
8. Failure to post in a conspicuous place a sign informing the customer that the watercraft repair dealer is obligated to provide a written estimate when the customer physically presents such watercraft to the dealer during normal working hours.
|