| (a) Written proposals. Prior to loading, a household
goods carrier shall provide a written proposal, such as a bid or quote,
to the shipper. A proposal shall state the maximum amount the shipper
could be required to pay for the listed transportation and listed
related services. This section does not apply 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.
(1) A proposal must contain the name and registration
number of the household goods carrier as they appear on the motor
carrier certificate of registration. If a proposal is prepared by
the household goods carrier's agent, it shall include the name of
the agent as listed on the carrier's agent filing with the department.
A proposal shall also include the street address of the household
goods carrier or its agent.
(2) A proposal must clearly and conspicuously state
whether it is a binding or not-to-exceed proposal.
(3) A proposal must completely describe the shipment
and all services to be provided. A proposal must state, "This proposal
is for listed items and services only. Additional items and services
may result in additional costs."
(4) A proposal must specifically state when the shipper
will be required to pay the transportation charges, such as if payment
must be made before unloading at the final destination. A proposal
must also state what form of payment is acceptable, such as a cashier's
check.
(5) A proposal must conspicuously state that a household
goods carrier's liability for loss or damage to cargo is limited to
$.60 per pound per article unless the household goods carrier and
shipper agree, in writing, to a higher limit of carrier liability.
(b) Hourly rates. If a proposal is based on an hourly
rate, then it is not required to provide the number of hours necessary
to perform the transportation and related services. However, if the
number of hours is not included in a proposal, then the carrier must
secure a written acknowledgment from the shipper indicating the proposal
is complete without the number of hours. Also, the proposal shall
state the maximum amount the shipper could be required to pay for
the listed transportation and listed related services.
(c) Proposal as addendum. If a proposal is accepted
by the shipper and the carrier transports the shipment, then the proposal
is considered an addendum to the moving services contract.
(d) Additional items and services. If the household
goods carrier determines additional items are to be transported and/or
additional services are required to load, transport, or deliver the
shipment, then before the carrier transports the additional items
or performs the additional services the carrier and shipper must agree,
in writing, to:
(1) allow the original proposal to remain in effect;
(2) amend the original proposal or moving services
contract; or
(3) substitute a new proposal for the original.
(e) Amendments and storage.
(1) An amendment to an original proposal or moving
services contract, as allowed in subsection (d) of this section, must:
(A) be signed and dated by the household goods carrier
and shipper; and
(B) clearly and specifically state the amended maximum
price for the transportation of the household goods.
(2) If the household goods carrier fails to amend or
substitute an original proposal as required by this subsection and
subsection (d) of this section, only the charges stated on the original
proposal for moving services may be assessed on the moving services
contract. The carrier shall not attempt to amend or substitute the
proposal to add items or services after the items or services have
been provided or performed.
(3) If through no fault of the carrier, the shipment
cannot be delivered during the agreed delivery period, then the household
goods carrier may place the shipment in storage and assess fees relating
to storage according to the terms in §218.58 of this title (relating
to Moving Services Contract - Options for Carrier Limitation of Liability),
without a written agreement with the shipper to amend or substitute
the original proposal.
(f) Combination document. A proposal required by subsection
(a) of this section may be combined with other shipping documents,
such as the moving services contract, into a single document. If a
proposal is combined with other shipping documents, the purpose of
each signature line on the combination document must be clearly indicated.
Each signature is independent and shall not be construed as an agreement
to all portions and terms of the combination document.
(g) Telephone estimates. A household goods carrier
may provide an estimate for the transportation services by telephone.
If the household goods carrier provides the estimate by telephone,
then the carrier must also furnish a written proposal for the transportation
services to the shipper prior to loading the shipment.
(h) Written document. To the extent this section requires
a document or communication to be in writing, the document or communication
may be in a printed or electronic format.
(i) Signatures. The signatures of the shipper and household
goods carrier, as required by this section, may be transmitted by
facsimile or other electronic means.
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| Source Note: The provisions of this §218.56 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective February 1, 2017, 42 TexReg 323; amended to be effective July 2, 2017, 42 TexReg 3275 |
