N.J. Admin. Code § 13:44D-4.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44D-4.2 - Moving contract: non-binding estimate

(a) Prior to entering into a contract to render services based on a non-binding estimate, every public mover shall issue the following to each 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 and is incorporated herein by reference or a link to a digital version of the brochure on the Division of Consumer Affairs' website; and

2. A fully completed written estimate, entitled "Estimated Cost of Service for Moving or Warehousing -- Non-Binding," which meets the requirements of (b) below, rendered after an inspection of the premises and the goods to be moved by the public mover, performed either physically on-site or through electronic communications which include a video component. A public mover and/or warehouseman may employ an estimator to perform the inspection; however, no public mover and/or warehouseman shall employ an estimator who also represents any other public mover and/or warehouseman.

(b) The written estimate required by (a) above shall include:

1. The following statement, in boldface and at least 10 point font size: "Important notice: The charges indicated herein are estimated charges only.";

2. The following statement in bold and at least 10 point font size: "The charge for any services listed on this form shall not exceed the rate set forth in the public mover's tariff filed with the Division of Consumer Affairs.";

3. A statement as to what forms of payment (cash, money order, certified check, credit card, etc.) the public mover will accept;

4. The public mover's license number;

5. Date of the physical survey;

6. Name, address and telephone number of the public mover;

7. Name and phone number of the consumer;

8. The address at which the consumer's goods will be loaded and the address to which the consumer's goods will be moved. If a consumer's current address or the address to which the consumer's goods will be moved is other than a single family home, the form shall indicate the floor and whether there is elevator access to that floor;

9. Whether the move will entail carrying a consumer's goods for an unusually long distance and any fee for carrying the goods over this distance;

10. Date, or dates, of the move;

11. If the public mover is charging for the move based on an hourly rate:

i. The number of trucks and the per hour cost of each truck;

ii. The number of men and the per hour cost of each man;

iii. The estimated number of hours to complete the move;

iv. The total charge for trucks and men;

v. Travel time, in addition to actual time spent moving including any travel time from the public mover's offices to the address at which the consumer's goods will be loaded and from the address to which a consumer's goods are moved to the public mover's office, and any charge for travel time;

vi. Any packing and unpacking of containers, as indicated by (b)15 below, to be performed;

vii. Any accessorial, special or third-party services to be provided and the charge for those services;

viii. If insurance or increased valuation is included, the valuation amount, any deductible amount and the charge; and

ix. The estimated total charge for the move;

12. If the public mover is charging for the move based on the weight of the consumer's goods:

i. The estimated weight of the consumer's goods based upon the inventory of the consumer's items required by (b)17 below;

ii. If the public mover is estimating the weight of a shipment based upon the cubic footage of a consumer's goods, the calculation of the weight based upon cubic footage;

iii. The estimated miles from the address at which consumer's goods will be loaded to the location to which the consumer's goods will be moved;

iv. The rate charged per hundredweight (cwt.);

v. Any packing and unpacking of containers, as indicated by (b)15 below, to be performed and the charge for packing and unpacking;

vi. Any accessorial, special or third-party services to be provided and the charge for those services;

vii. If insurance or increased valuation is included, the valuation amount, any deductible amount and the charge; and

viii. The estimated total charge for the move;

13. If the public mover is charging for the move based on the cubic footage of the consumer's goods:

i. The estimated cubic footage of the consumer's goods based upon the inventory of the consumer's items required by (b)17 below;

ii. The estimated miles from the address at which the consumer's goods will be loaded to the location that the consumer's goods will be moved;

iii. The transportation rate charged per cubic foot;

iv. Any packing and unpacking of containers, as indicated by (b)15 below, to be performed and the charge for packing and unpacking;

v. Any accessorial, special or third-party services to be provided and the charge for those services;

vi. If insurance or increased valuation is included, the valuation amount, any deductible amount and the charge; and

vii. The estimated total charge for the move;

14. If the public mover will store the consumer's goods:

i. The estimated weight or cubic footage of consumer's goods that will be stored based upon the inventory of the consumer's items required by (b)17 below;

ii. The rates for, and method of, storage;

iii. The monthly storage cost and the applicable monthly sales tax charge;

iv. Any fee for warehouse handling-in and warehouse handling-out of consumer's goods;

v. A clear and conspicuous indication of any access fees;

vi. If insurance or increased valuation is included, the valuation amount, any deductible amount and the charge;

vii. Any fees for delivering goods to a final destination, or an indication that there is no fee for such delivery; and

viii. The address of the storage facility;

15. A description of any containers to be provided by the public mover, including the following, as applicable:

i. The cubic footage of the containers to be used and the number of containers of each size;

ii. The charge per container;

iii. Fees for any materials used for packing, including any taxes; and

iv. The estimated total charge for containers and packing/unpacking;

16. The type, amount, and cost of shipment coverage for loss or damage to consumer's goods, which shall be one of the following:

i. Standard valuation of $ 1.00 per pound;

ii. Increased valuation; or

iii. Insurance purchased by consumer;

17. An inventory of each room in the consumer's house and a list with descriptions of the items in each room that will be moved, including a list of any items that must be disassembled and reassembled as part of the move; and

18. The signature of the public mover or estimator performing the physical survey.

(c) The public mover and the consumer shall enter into a contract at least 24 hours prior to the move by completing an order for service form. The order for service form, entitled "Order for Service with Non-Binding Estimate," shall include:

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 notices or addendum pursuant to 13:44D-4.10;

4. The following information:

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

ii. The following statement, in boldface and at least 14 point font size: "Any estimate of charges previously furnished by the public mover is not a guarantee or representation that the actual charges will not be more or less than the amount of the estimate. The consumer acknowledges either receipt of the printed 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. The name and phone number of 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 date or dates of packing and the move;

8. 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 and Warehousemen." 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 $_________________.";

9. The signature of the public mover; and

10. The signature of the consumer.

(d) After a move has been completed, the public mover shall issue a bill of lading to the consumer, entitled "Bill of Lading," which shall contain:

1. The date or dates of the move;

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

3. The license number of the public mover;

4. If the public mover used the services of an owner-operator to perform the move:

i. The name of the owner-operator; and

ii. The following statement in boldface and at least 10 point type: "The public mover is liable to the consumer for any services provided by the owner-operator.";

5. The name of the consumer;

6. The address where the consumer's goods were loaded onto the public mover's truck and the address to which the consumer's goods were delivered and the address of any additional stops;

7. If the public mover is charging for the move based on an hourly rate:

i. The number of trucks and the per hour cost of each truck;

ii. The number of men and the per hour cost of each man;

iii. The total number of hours spent loading the consumer's goods onto the truck(s), unloading the consumers goods from the truck(s) and providing packing, disassembly, unpacking or reassembly for the consumer;

iv. The time the moving vehicle arrived at the place the consumer was moving from and the time when the move was completed;

v. Travel time, including any travel time from the public mover's offices to the address at which the consumer's goods were loaded and from the address where a consumer's goods were moved to the public mover's office, in addition to actual time spent moving and any charge for travel time;

vi. If packing is not included as part of the total number of hours under (d)8iii above, any packing and unpacking performed, with each item packed and unpacked set forth in an attached document;

vii. Any accessorial, special or third-party services provided and the charge for those services; and

viii. The final total charge for the move;

8. If the public mover is charging for the move based on the weight of the consumer's goods:

i. The weight of the consumer's goods;

ii. The mileage from origin to destination;

iii. The rate charged per hundredweight (cwt.);

iv. Any packing and unpacking performed, with each item packed and unpacked set forth in an attached document, and the charge for packing and unpacking;

v. Any accessorial, special or third-party services provided and the charge for those services; and

vi. The final total charge for the move;

9. If the public mover is charging for the move based on the cubic feet of the consumer's goods:

i. The cubic footage of the consumer's goods;

ii. The mileage from origin to destination;

iii. The rate charged per cubic foot;

iv. Any packing and unpacking performed, with each item packed and unpacked set forth in an attached document, and the charge for packing and unpacking;

v. Any accessorial or special services provided and the charge for those services; and

vi. The final total charge for the move;

10. If there are any items moved that are not on the inventory created during the estimate, or if any items included in that inventory were not moved, an addendum to the inventory listing those items, signed by the consumer and the public mover; and

11. The signature of the public mover.

(e) Prior to the commencement of a move, a public mover shall provide a certificate of insurance to a consumer who has ordered insurance through the public mover.

(f) Except as set forth in (h) below, if a public mover's transportation charges are determined on the basis of the weight of a consumer's shipment, the public mover shall provide the consumer, upon completion of the move, with two weight tickets, one showing the weight of the empty truck (tare weight) and a second showing the weight of the truck after the truck has been loaded with the consumer's goods (gross weight). The weight tickets shall have a seal on them showing that the scale used is certified by the New Jersey Office of Weights and Measures.

(g) If a public mover's transportation charges are determined on the basis of the weight of a consumer's shipment, the consumer shall be permitted to observe the loaded truck being weighed.

(h) If a public mover's transportation charges are determined on the basis of the weight of a consumer's shipment and the consumer's shipment (net weight) weighs less than 1,000 pounds, a public mover may use a portable scale that is certified by the New Jersey Office of Weights and Measures. A public mover who uses a portable scale to weigh a consumer's shipment shall provide the consumer with weight tickets showing the weight of the shipment (net weight).

N.J. Admin. Code § 13:44D-4.2

Amended by 47 N.J.R. 726(a), effective 4/6/2015.

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

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