Section § 410

Explanation

This section defines terms used in the article relating to vessel repairs. A "customer" is someone who asks a repairperson to work on a vessel they have. A "repairperson" is someone who fixes vessels for a living. A "vessel" is any boat or craft that must be registered with the DMV and is used for noncommercial purposes, or is rented or leased for noncommercial use.

As used in this article, the following definitions apply:
(a)CA Harbors And Navigation Code § 410(a) “Customer” means any person who requests a repairperson to do work on a vessel which is in the possession of that person.
(b)CA Harbors And Navigation Code § 410(b) “Repairperson” means any person engaged in the business of repairing vessels.
(c)CA Harbors And Navigation Code § 410(c) “Vessel” means any vessel which is subject to registration with the Department of Motor Vehicles and which is manufactured or used for noncommercial purposes or is leased, rented, or chartered to another for noncommercial use.

Section § 411

Explanation

This law applies when work is done on a vessel, like a boat or ship, and the estimated cost of that work is $100 or more. If the cost is less, this law doesn't apply.

This article applies only to work done on a vessel with an estimated cost of one hundred dollars ($100) or more.

Section § 412

Explanation

This law states that a repairperson cannot claim a lien, which is a legal right to keep possession of a vessel until payment is made, for services performed on the vessel unless they follow the specific rules outlined in this article.

Notwithstanding Section 502, a repairperson has no lien on a vessel under this article for compensation for services rendered to the vessel, unless the repairperson has complied with this article.

Section § 413

Explanation

This law makes it clear that repairpeople must get permission from customers before doing any work for pay. They need to provide a written or estimated price for labor and parts ahead of time. If more work is needed or parts change, the customer has to agree to it, either verbally or in writing, and this agreement must be noted on the work order and invoice.

If the repairperson has to take something apart to estimate repairs, they must tell the customer the cost of disassembly and any parts that might be destroyed during the process and put this information in writing on a work order. They must inform the customer about the maximum time for reassembly if the customer decides not to proceed. They cannot take more time than they said they would. If repairs are approved, they must provide a new estimate and get customer permission before proceeding.

If the customer can't bring the item in during business hours, but wants the repairperson to pick it up, the repairperson must prepare a work order with the estimated costs and get customer approval over the phone or by some other method before starting work. If the approval is verbal, details of the conversation should be documented.

No repairperson shall commence work for compensation without specific authorization from the customer or his or her agent in accordance with all of the following requirements:
(a)CA Harbors And Navigation Code § 413(a) The repairperson shall give to the customer either of the following:
(1)CA Harbors And Navigation Code § 413(a)(1) A written estimated price for labor and parts for a specific job.
(2)CA Harbors And Navigation Code § 413(a)(2) A written estimate of the maximum cost for a specific job which does not differentiate between labor and parts, but which shall not be exceeded by the actual cost of the job, including labor and parts.
No work shall be done or parts supplied in excess of, or different from, the original written estimate without the separate oral or written consent of the customer. If the consent is oral, the repairperson shall make a notation on the work order and on the invoice of the date, time, name of person authorizing the additional work or change in work, and the telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost.
(b)CA Harbors And Navigation Code § 413(b) If it is necessary to disassemble a vessel or its component in order to prepare a written estimated price for required work, the repairperson shall first give the customer a written estimated price for the disassembly and reassembly. The estimate shall also include the cost of parts and necessary labor to replace items such as gaskets, seals, and O rings that are normally destroyed by disassembling the component. If the disassembling might prevent the restoration of the component to its former condition, the repairperson shall write that information on the work order containing the estimate before the work order is signed by the customer.
The repairperson shall inform the customer orally, and conspicuously in writing on the work order, of the maximum time it will take the repairperson to reassemble the vessel or its component if the customer elects not to proceed with the work. The repairperson shall not charge the customer for more time than the specified maximum time if the customer elects not to proceed with the work.
After the disassembling has been performed, the repairperson shall prepare a written estimated price for labor and parts necessary for the requested work. Before performing the requested work, the repairperson shall obtain the customer’s authorization to either perform the work or to reassemble the vessel or its components.
(c)CA Harbors And Navigation Code § 413(c) When the customer is unable to deliver the vessel to the repairperson during business hours, and the customer has requested the repairperson to take possession of the vessel for the purpose of performing work on the vessel or estimating the cost of the work, the repairperson shall not undertake work on the vessel for compensation unless the repairperson has done all of the following:
(1)CA Harbors And Navigation Code § 413(c)(1) The repairperson has prepared a work order stating the written estimated price for labor and parts necessary to perform the work.
(2)CA Harbors And Navigation Code § 413(c)(2) By telephone or otherwise, the customer has been given all of the information on the work order, and the customer has approved the work order.
(3)CA Harbors And Navigation Code § 413(c)(3) The customer has given oral or written authorization to the repairperson to make the repairs pursuant to the work order.
If the authorization is oral, the repairperson shall make, on both the work order and the invoice, a notation of the name of the customer, the date, the time, and the telephone number called, if any.

Section § 414

Explanation

If a repairperson provides a genuine estimate for a job but then discovers more work is needed that wasn't anticipated, they don't have to finish the job for the original price if the customer won't agree to pay for the extra work.

Any repairperson who gives an original estimate in good faith, shall not be obligated to complete a job within the quoted or written estimated price if additional, unforeseen work is necessary to complete the job and the customer refuses to consent to payment for the cost of that additional work.

Section § 415

Explanation

Repairpeople must give an invoice for all the work they do, including warranty work. The invoice has to list what work was done and what parts were used. Work and parts must be shown separately on the invoice with their prices listed separately too. If any sales tax applies, that needs to be listed separately as well. If used, rebuilt, or reconditioned parts are used, the invoice must clearly say so. If a part consists of both new and old parts, that also has to be mentioned. The customer gets one copy of the invoice, and the repairperson keeps another.

All work done by a repairperson, including all warranty work, shall be recorded on an invoice and shall describe all work done and parts supplied.
Work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for work and for parts, not including sales tax, and shall state separately the sales tax, if any, applicable to each.
If any used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. If a part of a component system is composed of new and used, rebuilt, or reconditioned parts, the invoice shall clearly state that fact.
One copy of the invoice shall be given to the customer and one copy shall be retained by the repairperson.

Section § 416

Explanation

This law says that when a repairperson gives you an invoice, it needs to include their business name and address. If their phone number is included, it must match the one they use in ads or on signs, and the same number should be listed in the phone book or official records.

The invoice shall show the repairperson’s business name and address.
If the repairperson’s telephone number is on the invoice, it shall be the telephone number that appears in any advertisement or on an advertising sign, and shall be the same number as that listed for the repairperson’s firm name and address in the telephone directory, or on the telephone company records if the number is assigned to the repairperson subsequent to the publication of the telephone directory.

Section § 417

Explanation

This law allows repairpeople to work on a vessel using a time and materials approach if they get approval from the customer for that specific job. This means repairs are charged based on the hours worked and the materials used.

Notwithstanding Section 413, upon authorization from the customer as to a specific job, a repairperson may work on a vessel on a time and materials basis.

Section § 418

Explanation

This law says that if a boat is in distress and urgently needs repair to stay safe, you don't need to get permission before starting the work. However, if the problem was caused by the repairperson's mistakes or actions, this rule does not apply.

(a)CA Harbors And Navigation Code § 418(a) This article does not apply to a vessel in distress which is in need of immediate work critical to its preservation and safety, for which consent cannot expeditiously be obtained.
(b)CA Harbors And Navigation Code § 418(b) This section does not include any situation or accident caused to the vessel by the negligence or conduct of the repairperson or the repairperson’s agent.