358-D:7 When Written Estimate Not Required. – A motor vehicle repair facility shall not be required to provide a written estimate to a customer if the facility does not agree to perform the service or repair work; provided, however, that no such facility shall engage in any act or practice which causes, or has the effect of causing, any customer to waive his right to an estimate as a condition to performing any service or repair work.
Source. 1977, 295:1, eff. Aug. 26, 1977.
Section 358-D:8
358-D:8 Service or Repair Work Where Estimate Not Requested. – Notwithstanding RSA 358-D:2-7, if a customer does not request that an estimate be provided, a motor vehicle repair facility shall not perform any service or repair work on any motor vehicle for the customer unless such work has been authorized by the customer.
Source. 1977, 295:1, eff. Aug. 26, 1977
Section 358-D:9
358-D:9 Return of Replaced Parts. – With the exception of parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, all parts which have been replaced on a motor vehicle by a motor vehicle repair facility shall be returned to the customer if the customer has requested, in advance of the work being performed, that the parts be returned to him.
Source. 1977, 295:1, eff. Aug. 26, 1977.
Section 358-D:10
358-D:10 Required Work Invoice. –
I. Upon completion of any service or repair work for which a charge is made, a motor vehicle repair facility shall prepare an invoice which itemizes:
(a) All work that the motor vehicle repair facility has performed;
(b) All work that any subcontractor has performed;
(c) All parts supplied having a value in excess of $.50 and the retail cost of each such part; and
(d) The number of hours, or portion thereof, of labor charged in performing the work and the retail cost of such labor.
II. The invoice shall state clearly whether or not the motor vehicle repair facility will guarantee the work and, if so, the terms of the guarantee and the period for which it will be in effect.
III. The invoice shall state clearly if any used, rebuilt, or reconditioned parts have been supplied or if a part of a component system supplied is composed of used, rebuilt, or reconditioned parts.
IV. A motor vehicle repair facility shall be responsible for any service or repair work performed by a subcontractor in the same manner as if the work had been performed by the facility.
V. The motor vehicle repair facility shall give the customer a copy of the invoice and shall retain a copy as a business record for one year.
Source. 1977, 295:1, eff. Aug. 26, 1977
Section 358-D:11
358-D:11 Notice Requirements. – Each motor vehicle repair facility shall conspicuously post a notice of no fewer than 6 square feet on the premises of the facility for the purpose of advising any customer of his rights under this chapter. The notice shall contain the following information:
I. The motor vehicle repair facility must provide to any customer upon request a written estimate for service or repair work to be performed and cannot proceed to perform such work unless written or oral authorization is obtained;
II. If additional repair or service work of an unrelated and different nature from the work originally itemized in the written estimate becomes necessary, it must notify the customer of the estimated cost of such additional repairs and obtain his written or oral permission to proceed;
III. The customer cannot be charged any amount which exceeds the estimate for the original or additional work by 10 percent without his written consent;
IV. The motor vehicle repair facility is not required to give a written estimate if it does not agree to perform the service or repair work. However, the facility is prohibited from engaging in any conduct which will cause a customer to waive his right to an estimate as a condition to performing any service or repair work;
V. Even where a customer has not requested an estimate, the motor vehicle repair facility is not permitted to perform any service or repair work without his authorization;
VI. The customer has a right to a return of all replaced parts, except those parts required to be returned to the manufacturer or distributor under a warranty or exchange agreement, if he requests that they be returned to him prior to the service or repair work being performed;
VII. The customer must be provided with an invoice for any service or repair work performed which itemizes all work performed, all parts supplied having a value in excess of $.50 and all labor charged and states whether or not any guarantee exists, and if so, its terms and the period for which it will be in effect;
VIII. A motor vehicle repair facility which fails to comply with any of these requirements is not entitled to any payment whatsoever for any service or repair work performed which was not authorized by the customer; and
IX. Any complaint concerning a failure of a motor vehicle repair facility to comply with these requirements should be filed with the Attorney General, Department of Justice, State House Annex, Concord, New Hampshire 03301. The attorney general may, in his discretion, approve any notice which substantially complies with the requirements of this paragraph.
Source. 1977, 295:1. 1979, 171:1. 1985, 300:7, I(a), (b).