26- 239 C.M.R. ch. 100, § 6

Current through 2025-03, January 15, 2025

Section 239-100-6 - Surcharge Permitted for Unscheduled Delivery

When the dealer makes an unscheduled delivery at the request of a buyer, he may add a separate charge to his price. This surcharge may not exceed the actual additional costs incurred. No other surcharge is permitted.

Prior to accepting an order for an unscheduled delivery, the dealer shall inform the buyer of the approximate amount of the surcharge, the reason for the surcharge, and when his next scheduled delivery will take place.

Comment

Under this rule dealers must establish uniform surcharges for unscheduled deliveries. In doing so the dealer may consider such factors as extra miles traveled or overtime pay.

Examples of unscheduled deliveries include:

A. when the dealer must dispatch a truck to serve a person on a day during which he would not otherwise be in that area; or

B. when a dealer must dispatch a truck to return to an area he already served that day.

It is not an unscheduled delivery when a person requests a delivery for a day on which the truck is already scheduled to be in his area.

A dealer may establish a flat rate surcharge for buyers that does not exceed his average additional costs.

26- 239 C.M.R. ch. 100, § 6