[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR375.403]



[Page 92-93]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 375_TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; 

CONSUMER PROTECTION REGULATIONS--Table of Contents

 

                      Subpart D_Estimating Charges

 

Sec. 375.403  How must I provide a binding estimate?



    (a) You may provide a guaranteed binding estimate of the total 

shipment charges to the individual shipper, so long as it is provided 

for in your tariff. The individual shipper must pay the amount for the 

services included in your estimate. You must comply with the following 

nine requirements:

    (1) You must provide a binding estimate in writing to the individual 

shipper or other person responsible for payment of the freight charges.

    (2) You must retain a copy of each binding estimate as an attachment 

to be made an integral part of the bill of lading contract.



[[Page 93]]



    (3) You must clearly indicate upon each binding estimate's face the 

estimate is binding upon you and the individual shipper. Each binding 

estimate must also clearly indicate on its face the charges shown are 

the charges being assessed for only those services specifically 

identified in the estimate.

    (4) You must clearly describe binding estimate shipments and all 

services you are providing.

    (5) If it appears an individual shipper has tendered additional 

household goods or requires additional services not identified in the 

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 three things:

    (i) Reaffirm your binding estimate.

    (ii) Negotiate a revised written binding estimate listing the 

additional household goods or services.

    (iii) Agree with the individual shipper, in writing, that both of 

you will consider the original binding estimate as a non-binding 

estimate subject to Sec. 375.405.

    (6) Once you load a shipment, failure to execute a new binding 

estimate or a non-binding estimate signifies you have reaffirmed the 

original binding estimate. You may not collect more than the amount of 

the original binding estimate.

    (7) If you believe additional services are necessary to properly 

service a shipment after the household goods are in transit, 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.

    (8) If the individual shipper requests additional services after the 

household goods are in transit, you must inform the individual shipper 

of the additional charges that will be billed. You must require full 

payment at destination of the original binding estimate only. You must 

bill for the payment of the balance of any remaining charges for 

additional services no sooner than 30 days after the date of delivery. 

For example, if your binding estimate to an individual shipper estimated 

total charges at delivery as $1,000, but your actual charges at 

destination are $1,500, you must deliver the shipment upon payment of 

$1,000. You must then issue freight or expense bills no sooner than 30 

days after the date of delivery for the remaining $500.

    (9) Failure to relinquish possession of a shipment upon an 

individual shipper's offer to pay the binding estimate amount 

constitutes a failure to transport a shipment with ``reasonable 

dispatch'' and subjects you to cargo delay claims pursuant to part 370 

of this chapter.

    (b) If you do not provide a binding estimate to an individual 

shipper, you must provide a non-binding estimate to the individual 

shipper in accordance with Sec. 375.405.

    (c) You must retain a copy of the 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 35091, June 11, 2003, as amended at 69 FR 10575, Mar. 5, 2004; 69 

FR 17317, May 5, 2004]