New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter E - Motor Carriers › Article 2 - Service › Part 814 - Transportation of Household Goods by Common Carriers › Section 814.3 - Non-binding estimate and order for service

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Whenever a non-binding estimate and order for service for a proposed service
					 shall be given by a carrier to a prospective shipper of household goods, it
					 shall be made only after a visual inspection of the goods by an estimator prior
					 to the day of the scheduled move, or upon verified information from the
					 shipper. If at the time of the move, the shipper requests additional moving
					 services that were not listed on the original non-binding estimate and order
					 for service, an adjustment may be made by the carrier to the non-binding
					 estimate to reflect the additional services and/or charges. Such statement
					 shall be in writing. The form shall be fully executed as appropriate in each
					 case in accordance with the instructions thereon. A true legible copy of each
					 form prepared in accordance with this subdivision shall be delivered to the
					 shipper before the pickup of the goods; and a copy thereof shall be maintained
					 by the carrier as part of its record of the shipment. The order for service
					 shall be signed by the shipper or his representative who is ordering the
					 service, and by the carrier or its agent; the requirement of the shipper's
					 signature shall apply to all orders for service, except where there is both an
					 agreement for the extension of credit by the carrier and a written waiver of
					 such requirement signed by the shipper or his representative. A copy of the
					 order for service shall be dated and furnished the shipper or his
					 representative at the time it is executed. In lieu of such written statement as
					 herein above described, a carrier shall quote its rates for transportation and
					 the charges for all proposed services to be performed in accordance with the
					 provisions of its proposed tariff.
(b) Carriers may furnish to shippers or
					 prospective shippers a non-binding estimate form which may contain statements
					 of the weights of average pieces of furniture and other household articles of
					 various types, for use by the shipper in making his own estimate of the total
					 weight of his goods. If cubic foot measurements are used in arriving at the
					 weight, the form shall state that a weight factor of seven pounds per cubic
					 foot shall be used.
(c) In each
					 instance in which the actual charges on any shipment exceed by more than 10
					 percent the amount of the non-binding estimate given by the carrier to the
					 shipper, immediately upon determining the actual charges, the carrier shall
					 inform the shipper of the amount thereof, by telephone, e-mail or other
					 electronic means, provided that the requirement of this subdivision shall not
					 apply where credit is to be extended by the carrier.
(d) Whenever the total tariff charges on a
					 C.O.D. shipment shall exceed by more than 10 percent the non-binding estimate
					 given by the carrier on a weight-rated move or by more than 25 percent of the
					 non-binding estimate given by a carrier on an hourly-rated move, such carrier
					 must relinquish possession of the entire shipment upon payment of the amount of
					 the non-binding estimate plus 10 percent thereof in the case of weight-rated
					 moves or upon payment of the non-binding estimate plus 25 percent thereof in
					 the case of an hourly-rated move, and the carrier shall defer payment of the
					 remainder of the tariff charges for a period of at least 15 days following
					 delivery, excluding Saturdays, Sundays and holidays.
(e) Every motor common carrier shall, prior
					 to receipt of the goods, prepare an order for service which contains the
					 following minimum information:
(1) shipper's
					 name, address, telephone number and/or email address;
(2) consignee's name, address, telephone
					 number and/or email address;
(3)
					 name, address, telephone number, and/or email address of the carrier delivering
					 the goods;
(4) pickup time period
					 and date and delivery time period and date as agreed to by shipper and carrier,
					 or in lieu of specific dates the period or periods of time agreed to within
					 which pickup, delivery, or the entire move will be accomplished;
(5) complete description of special or
					 accessorial services ordered;
(6)
					 any identification or registration number assigned the shipper by the
					 carrier;
(7) amount of estimated
					 charges and method of payment of total tariff charges; and
(8) where shipper requests notification of
					 charges the method by which such communication will be received.