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California Laws | Harbors and Navigation Code
DIVISION 3. VESSELS
CHAPTER 1. VESSELS GENERALLY

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. (502)

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. (503)

(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: (504)

(1) The repairperson has prepared a work order stating the written estimated price for labor and parts necessary to perform the work. (505)

(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. (506)

(3) The customer has given oral or written authorization to the repairperson to make the repairs pursuant to the work order. (507)

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. (508)

414. 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. (509)

415. 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. (510)

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. (511)

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. (512)

One copy of the invoice shall be given to the customer and one copy shall be retained by the repairperson. (513)

416. The invoice shall show the repairperson's business name and address. (514)

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. (515)

417. 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. (516)

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. (517)

(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. (518)

Article 2. Liability, Generally (420-432) (519)(Text)

420. A marine carrier is liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or fire. (520)

421. The liability of a common carrier by sea is further regulated by acts of Congress. (521)

422. Perils of the sea are: (522)

(a) Storms and waves. (523)

(b) Rocks, shoals, and rapids. (524)

(c) Other obstacles, though of human origin. (525)

(d) Changes of climate. (526)

(e) The confinement necessary at sea. (527)

(f) Animals peculiar to the sea. (528)

(g) All other dangers peculiar to the sea. (529)

423. A marine carrier shall not stow freight upon deck during the voyage, except where it is usual so to do, nor make any improper deviation from or delay in the voyage, nor do any other unnecessary act which would avoid an insurance in the usual form upon the freight. (530)

424. The owner of a vessel is bound to pay to the owner of her cargo the market value, at the time of arrival of the ship at the port of her destination, of that portion of her cargo which has been sold to enable the master to pay for the necessary repairs and supplies of the vessel. (531)

425. A carrier by water may, when in case of extreme peril it is necessary for the safety of the vessel or cargo, throw overboard, or otherwise sacrifice, any or all of the cargo or appurtenances of the vessel. Throwing property overboard for such purpose is called jettison, and the loss incurred is called a general average loss. (532)

426. So far as possible, a jettison shall begin with the most bulky and least valuable articles. (533)

427. A jettison can be made only by authority of the master of a vessel, except in case of his disability, or of an overruling necessity, when it may be made by any other person. (534)

428. The loss incurred by a jettison, when lawfully made, shall be borne in due proportion by all that part of the vessel, appurtenances, freightage, and cargo for the benefit of which the sacrifice is made, as well as by the owner of the thing sacrificed. (535)

429. The proportions in which a general average loss is to be borne shall be ascertained by an adjustment, in which the owner of each separate interest shall be charged with that proportion of the value of the thing lost which the value of his part of the property affected bears to the value of the whole. But an adjustment made at the end of the voyage, if valid there, is valid everywhere. (536)

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