N.J. Admin. Code § 13:44D-4.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:44D-4.3 - Moving contract: binding estimate

(a) A public mover who is offering a binding estimate shall furnish the binding estimate in writing to the consumer or other person responsible for payment of the charges for the mover's services. A binding estimate shall be furnished only after an inspection of the premises and the goods to be moved, performed either physically on-site or through electronic communications, which include a video component. The binding estimate shall be signed by the public mover and the consumer and a copy of the binding estimate shall be retained by the public mover and attached as an addendum to the bill of lading. A binding estimate shall clearly describe the property to be moved and all services to be provided.

(b) Prior to contracting to provide services pursuant to a binding estimate, every public mover shall issue to the consumer, at least 24 hours prior to the date of the move:

1. Either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers and Warehousemen," which is found at N.J.A.C. 13:44D Appendix or a link to a digital version of the brochure on the Division of Consumer Affairs' website;

2. A binding estimate, entitled "Binding Estimate," which contains:

i. The following statement in boldface and at least 10 point font size: "If, at the time of the move, additional property is to be moved, or additional services are to be provided, or both, that are not provided for in the binding estimate, the mover shall not charge, demand, collect or receive greater compensation for those services than that specified in his filed tariff;" and

ii. The information required by N.J.A.C. 13:44D-4.2(b)3 through 18; and

3. An order for service, entitled "Order for Service With Binding Estimate," which complies with (c) below.

(c) The order for service required by (b)3 above shall contain:

1. The name, address and telephone number of the public mover;

2. The public mover's license number;

3. If the public mover intends to use the services of an owner-operator to perform the move, the required notice or addendum pursuant to N.J.A.C. 13:44D-4.10;

4. The following information:

i. The phrase "Important Notice" in boldface and 20 point font size;

ii. The following statement, in boldface and at least 14 point font size: "The consumer acknowledges either receipt of the brochure entitled 'Important notice to Consumers Using Public Movers and Warehousemen,' as ordered by the Director of the New Jersey Division of Consumer Affairs or receipt of a link to a digital version of the brochure on the Division of Consumer Affairs' website."; and

iii. The consumer's signature and the date;

5. Name and phone number of the consumer;

6. The address at which the consumer's goods are to be loaded and the address to which the consumer's goods will be moved;

7. The following information, in boldface and at least 10 point font size, with an indication as to which option the consumer has chosen:

i. The phrase "Shipment Protection Plans";

ii. The statement: "Property is not covered for fire or other peril unless option 2 or 3 below is selected.";

iii. The statement: "The public mover offers the following options in the event of loss or damage to your shipment. These options are described in the "Mover's Responsibility for Loss and Damages" section of the brochure entitled "Important Notice to Consumers Using Public Movers." You must select one of the following options:

Option 1: The consumer declines insurance and/or increased valuation. Any damages will be reimbursed at a value of $ 1.00 per pound per article.

Option 2: Increased valuation: The agreed or declared value of the property is specifically stated by the consumer and confirmed by his or her signature to be $________________ for: the entire shipment or only the following articles _____________________.

Option 3: The consumer orders insurance of $_________________ including a deductible of $_______________________.";

8. The signature of the public mover; and

9. The signature of the consumer.

(d) After a move has been completed, the public mover shall issue to the consumer a bill of lading, entitled "Bill of Lading," which shall contain the information required by N.J.A.C. 13:44D-4.2(d).

(e) If, at the time of the move, additional services not listed in the binding estimate are requested by the consumer the mover may perform those additional services and charge for them pursuant to his or her filed tariff. If additional services are added, the binding estimate remains a contract between the mover and the consumer for those services listed in the binding estimate.

(f) Within seven days of performing a move a public mover shall issue a certificate of insurance to a consumer who has ordered insurance through the public mover.

N.J. Admin. Code § 13:44D-4.3

Amended by 49 N.J.R. 3543(a), effective 11/6/2017

Amended by 53 N.J.R. 2048(a), effective 12/6/2021