§ 375.405 How must I provide a non-binding estimate?
(a) If you do not provide a
binding estimate to an individual shipper in accordance with § 375.403, you must provide a
non- binding written estimate to the individual shipper.
(b) If you provide a
non-binding estimate to an individual shipper, you must provide your reasonably
accurate estimate of the approximate costs the individual shipper should expect
to pay for the transportation and services of the shipment. You must comply
with the following ten requirements:
(b)(1) You must provide reasonably accurate
non-binding estimates based upon both the
estimated weight or volume of the shipment and services required
and the physical survey of the household goods, if required. If you provide a
shipper with an estimate based on volume that will later be converted to a
weight-based rate, you must provide the shipper an explanation in writing of
the formula used to calculate the conversion to weight.
(b)(2) You must explain to the individual
shipper that final charges calculated for shipments moved on non-binding
estimates will be those appearing in your tariffs applicable to the
transportation. You must explain that these final charges may exceed the
approximate costs appearing in your estimate.
(b)(3) You must furnish
non-binding estimates without charge and in writing to the individual shipper
or other person responsible for payment of the freight
charges.
(b)(4) You must retain a
copy of each non-binding estimate as an attachment to be made an integral part
of the bill of lading contract.
(b)(5) You must clearly indicate on the face of a non-binding estimate that the estimate is not binding upon you and the charges shown are the approximate charges to be assessed for the service identified in the estimate. The estimate must clearly state that the shipper will not be required to pay more than 110 percent of the non-binding estimate at the time of delivery.
(b)(6) You must clearly
describe on the face of a non-binding estimate the entire shipment and all
services you are providing.
(b)(7) If it appears an
individual shipper has tendered additional household goods or requires additional services not identified in the
non-binding estimate, you are not required to honor the estimate. If an
agreement cannot be reached as to the price or service requirements
for the additional goods or services, you are not required to service the
shipment. However, if you do service the shipment, before
loading the shipment, you must do one of the following two things:
(b)(7)(i) Reaffirm your non-binding
estimate.
(b)(7)(ii) Negotiate a
revised written non-binding estimate listing the additional household
goods or services.
(b)(8) Once you load a shipment, failure to
execute a new non-binding estimate signifies you have reaffirmed the original
non-binding estimate. You may not collect more than 110 percent of the amount
of the original non-binding estimate at destination, except as provided in
paragraphs (b)(9) and (10) of
this section.
(b)(9) If you believe additional services
are necessary to properly service a shipment after the bill of lading has been
issued, you must inform the individual shipper what the additional services are
before performing those services. You must allow the shipper at least one hour
to determine whether he or she wants the additional services performed. If the
individual shipper agrees to pay for the additional services, you must execute
a written attachment to be made an integral part of the bill of lading contract
and have the individual shipper sign the written attachment. This may be done
through fax transmissions; e-mail; overnight courier; or certified mail, return
receipt requested. You must bill the individual shipper for the additional
services after 30 days from delivery. If the individual shipper does not agree
to pay the additional services, the carrier should perform only those
additional services as are required to complete the delivery, and bill the
individual shipper for the additional services after 30 days from delivery,
except that you may collect at delivery charges for impracticable operations
that do not exceed 15 percent of all other charges due at delivery.
(b)(10) If the individual shipper requests additional services after the bill of lading has been issued, you must inform the individual shipper of the additional charges involved. You may require full payment at destination for these additional services and (unless you make only a partial delivery, in which case you must collect a prorated percentage of the original non-binding estimate as set forth in §375.407(c) of this part) for up to 110 percent of the original non-binding estimate. If applicable, you also may require payment at delivery of charges for impracticable operations (as defined in your carrier tariff) not to exceed 15 percent of all other charges due at delivery. You must bill and collect from the individual shipper any applicable charges not collected at delivery in accordance with subpart H of this part.
(c) If you furnish a
non-binding estimate, you must enter the estimated charges upon the order for
service and upon the bill of lading.
(d) You must retain a copy of the non-binding estimate for each move you perform for at least one year from the date you made the estimate and keep it as an attachment to be made an integral part of the bill of lading contract.
[68 FR 35097,