N.H. Rev. Stat. § 358-D:11

Current through Chapter 381 of the 2024 Legislative Session

Section 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.

RSA 358-D:11

1977, 295:1. 1979, 171:1. 1985, 300:7, I(a), (b).