N.J. Admin. Code § 13:44D-4.6
Current through Register Vol. 56, No. 21, November 4, 2024
Section 13:44D-4.6 - Legal liability(a) The public mover and/or warehouseman may, by contract with the consumer, limit liability for loss or damage to goods in storage or in transit. The minimum amount to which a public mover and/or warehouseman may limit liability is $ 1.00 per pound per article.(b) A public mover and/or warehouseman may contract with a consumer for increased valuation for loss or damage for all items, or specific items, being moved or stored. A public mover and/or warehouseman who offers increased valuation shall limit the amount of increased valuation to the amount of his or her cargo liability insurance, except as provided in (c) below. For instance, if a public mover and/or warehousemen has cargo liability insurance that covers $ 25,000 per accident for loss or damage to property being transported, he or she shall offer no more than $ 25,000 of increased valuation.(c) A public mover and/or warehouseman may offer increased valuation that exceeds his or her cargo liability insurance if he or she contracts to increase cargo liability insurance to an amount that covers the increased valuation. For instance, if a public mover and/or warehousemen offers $ 50,000 of increased valuation and has cargo liability insurance that only covers $ 25,000, he or she shall arrange for his or her insurance policy to cover $ 50,000 for that one move.(d) An order for service shall specifically state the public mover's and/or warehouseman's liability. Any limitation shall be null and void and the public mover and/or warehouseman shall be subject to full liability if any of the following occurs: 1. The public mover and/or warehouseman fails to present an Order for Service form that contains the information required by 13:44D-4.2(c), 4.3(b) or 4.4(a) at least 24 hours prior to providing moving and/or storing services;2. The public mover and/or warehouseman fails to provide the consumer with either a printed version of the brochure entitled "Important Notice to Consumers Using Public Movers" or a link to a digital version of the brochure on the Division of Consumer Affairs' website, in accordance with N.J.A.C. 13:44D-4.2(a), 4.3(b) or 4.4(a);3. A court or administrative finding has been made that the loss of or damage to the consumer's goods was the result of gross negligence and/or gross incompetence on the part of the mover and/or warehouseman and/or his or her agents or employees, whether as to the actual handling of goods or in the failure to provide appropriate security to prevent loss by theft; or4. The public mover contracts with an owner-operator and does not provide written notice to the consumer as required by 13:44D-4.10(d).N.J. Admin. Code § 13:44D-4.6
Amended by 49 N.J.R. 3543(a), effective 11/6/2017Amended by 53 N.J.R. 2048(a), effective 12/6/2021