N.J. Admin. Code § 13:21-21.10

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:21-21.10 - Estimates and repairs

(a) Every licensed auto body repair facility shall provide a written estimate to any customer seeking its services, provided that the auto body repair facility is willing and able to perform the requested repair services.

(b) Each written estimate shall bear the name of the auto body repair facility and its license number.

(c) Each written estimate shall be signed by the person preparing such estimate.

(d) Each written estimate shall contain the following information:

1. The customer's name;

2. The date of the estimate;

3. A list of parts necessary for each repair, together with the costs for those parts, indicating any parts which are not new parts;

4. The labor charge for each repair, together with the total labor charge; or the total number of hours estimated to perform all the requested repairs, together with the hourly labor rate charged by the auto body repair facility;

5. A description of the motor vehicle;

6. An approximate or estimated date of delivery, if any such date is given;

7. The terms and limit of any guarantee for the repair work performed; and

8. The odometer reading at the time of the requested repair.

(e) Each written estimate shall include a statement or statements informing the customer of his or her right to receive replaced parts, and indicating that the customer's signature or initials on the following line shall mean that the customer waives his or her right to receive such replaced parts and that no signature on this line shall mean that the customer exercises his or her right to receive such replaced parts. A signature line shall be provided immediately below this statement.

1. The customer's signature or initials on this line shall mean that the customer waives his or her right to receive such replaced parts. No signature or initials on this line shall be deemed to mean that the customer exercises the right to receive such replaced parts.

2. The auto body repair facility may charge a reasonable storage and removal fee to any customer who requests the replaced parts and who subsequently fails to take such replaced parts, either after paying for the repair work or picking up his or her repaired motor vehicle, whichever occurs first.

3. If a storage and removal fee is charged by the auto body repair facility, such fee shall be disclosed, in writing, to the customer at the time the customer exercises his or her right to receive the replaced parts.

4. The auto body repair facility shall not be liable to the customer in those instances where the customer fails to take the replaced parts after paying for the repair work or picking up his or her repaired motor vehicle.

(f) Each written estimate shall include a statement informing the customer or insurer of their right to inspect the repaired motor vehicle before paying for the repair work.

(g) Any estimate and/or repair work prepared or performed by a subcontractor shall be deemed to be work performed under the direction of the licensee. The licensee shall be accountable to the Chief Administrator for all such work subcontracted to others.

(h) An auto body repair facility may charge a reasonable fee for making a written estimate. If a fee is charged for making a written estimate, then the auto body repair facility must disclose, in writing, the amount of the fee to the customer before the written estimate is prepared.

(i) An auto body repair facility may charge a hazardous waste disposal fee. If such a fee is charged, then the auto body repair facility must disclose such fee on the estimate.

(j) In the case of a customer requesting repair services for a vintage vehicle, for which a written estimate would be impracticable or impossible, the licensed auto body repair facility shall provide notification and documentation advising the customer that the requested repairs will be furnished on a time and materials basis and shall obtain from the customer a written estimate waiver.

1. The term "vintage vehicle" as used in this subsection shall mean any vehicle which, due to its manufactured age, will require a lengthy process in order to obtain replacement parts because such replacement parts are not readily available in any current auto body reference book or computer reference software.

N.J. Admin. Code § 13:21-21.10

Amended by R.2001 d.19, effective 1/16/2001.
See: 32 New Jersey Register 3739(a), 33 New Jersey Register 277(a).
Amended by R.2005 d.129, effective 4/18/2005.
See: 36 New Jersey Register 1886(a), 37 New Jersey Register 1212(b).
Rewrote the section.