(a) Requirements. A household goods carrier must give
a copy of the moving services contract to the shipper prior to the
loading of the shipment. This copy must include:
(1) the name and motor carrier registration number
of the household goods carrier as they appear on the motor carrier
certificate of registration, and the address and telephone number
of the household goods carrier or the household goods agent that prepared
the moving services contract;
(2) the date the shipment is loaded and a description
of the shipment as household goods;
(3) the name and address of the shipper;
(4) the addresses of the:
(A) origin;
(B) destination, if known; and
(C) any stops in transit, if known;
(5) the moving services to be performed;
(6) the conspicuous statement, "A household goods carrier's
liability for loss or damage to any shipment is $.60 per pound per
article, unless the carrier and shipper agree, in writing, to a greater
level of liability.";
(7) a conspicuous explanation of any agreement for
increased carrier liability limit, the amount of increased carrier
liability, the cost of the increased limit, any deductible above the
carrier's $.60 per pound per article liability, and the statement,
"This is not insurance.";
(8) a clear notice of the amount of any insurance for
property that is transported or stored, the amount of insurance premiums,
and the insurance policy number, if insurance for the shipment was
purchased from or through the household goods carrier;
(9) the conspicuous statement, "This is a contract
for moving services and is subject to the terms and conditions on
the front and back of this document and any addendum.";
(10) a description of whether the proposal is a binding
or not-to-exceed proposal, and the maximum price the shipper could
be required to pay for the services listed;
(11) a statement authorizing performance of the listed
services, signed and dated by the household goods carrier and the
shipper; and
(12) a statement signed and dated by the shipper authorizing
delivery of household goods at a destination where the shipper is
not present if the shipper intends for the household goods carrier
to deliver to a site where the shipper will not be present.
(b) Delivery. A household goods carrier must give a
completed copy of the moving services contract to the shipper upon
delivery of the shipment. The household goods carrier must release
the household goods to the shipper at destination if the shipper pays
the maximum price listed on the moving services contract. Except as
provided by subsection (c) of this section, the moving services contract
shall be signed and dated by the household goods carrier and the shipper
confirming the shipment has been delivered. This signature only confirms
delivery of the shipment. Except as provided in subsection (e) of
this section, this copy must include the information listed in subsection
(a) of this section and:
(1) the total charges for the shipment and the specific
nature of each charge, including the method used to calculate the
minimum and total charges if the shipment was not transported based
on a binding proposal;
(2) an explanation of all additional moving services
provided in accordance with §218.56(d) of this title (relating
to Proposals and Estimates for Moving Services); and
(3) the addresses of the origin, destination, and any
stops in transit if not previously provided on the moving services
contract at the origin.
(c) Delivery to a destination where the shipper is
not present. If a shipper authorizes the household goods carrier to
deliver household goods to a destination where the shipper is not
present, as allowed in subsection (a)(12) of this section, the moving
services contract need not be signed and dated by the shipper at the
time of delivery.
(d) Pre-existing transportation contracts. A household
goods carrier is not required to comply with subsection (b)(1) and
(2) of this section if a pre-existing transportation contract sets
out the maximum amount the shipper could be required to pay for the
transportation services. Pre-existing transportation contracts include,
but are not limited to, corporate contracts for the relocation of
multiple employees.
(e) Copies. To the extent this section requires a copy
of a document or a written document, the document may be in a printed
or electronic format.
(f) Signatures. The signatures of the shipper and the
household goods carrier, as required by this section, may be transmitted
by facsimile or other electronic means. These signatures must be separate
from any signatures required by the household goods carrier such as
the acknowledgment of the statement of value of the shipment.
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Source Note: The provisions of this §218.57 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective July 2, 2017, 42 TexReg 3275 |