(a)
- (1) Every intrastate common carrier of household goods shall be required, upon request of a prospective shipper of household goods, to make an estimate of the charges for any proposed transportation services and additional services when they are required.
- (2) Whenever practicable, such estimates shall be made only following visual inspection of goods to be transported.
- (3) Whenever it would be impracticable or would cause undue hardship to a carrier to make a visual inspection of goods, a carrier may make an estimate by telephone.
(b)
- (1) Whenever a carrier has made an estimate following visual inspection of goods, the estimated charges shall be recorded by the carrier on a form executed in duplicate and headed with the words "Estimated Cost of Services”.
- (2) Whenever a telephone estimate of charges has been made, the estimated charges shall be likewise so recorded.
(3) On the form shall be recorded at least the following information:
- (A) Whether the estimate was made upon visual inspection or by telephone;
- (B) Carrier who has made the estimate;
- (C) Name of prospective shipper;
- (D) Origin and destination of shipment;
- (E) Total estimated cost of services;
- (F) A list of all services proposed to be performed for the charges which have been estimated, e.g., transportation, packing, unpacking, etc.;
- (G) The basis upon which such estimate is made, including any breakdown of separately charged services, both transportation and additional services; and
- (H) If the estimate was made by telephone, the description given by the shipper of the goods to be transported.
(c)
- (1) The estimate form described shall also contain the following language, in bold print: This estimate covers only the articles and services listed and is not binding on either carrier or shipper except as provided herein. Actual rates and charges on intrastate transportation of household goods are based upon weight and mileage of shipment and are published in a tariff approved by the Arkansas State Highway Commission. Certificated carriers generally participate in the same tariff or have uniform rates, although some may have other approved rates. If actual charges exceed estimated charges by more than 10% you will be required to pay the amount of estimate plus 10% upon delivery, but you will be allowed an additional fifteen (15) days (excluding Saturdays, Sundays, and holidays) to pay the balance of the actual charges.
- (2) The estimate form shall also contain a receipt worded as follows: By my signature I acknowledge receipt of this Estimated Cost of Services on this date: _____________________________ ______________________ Signature, Shipper or Agent Date
(d)
- (1) If an estimate of charges has been made upon visual inspection of goods, the carrier shall, at the time of the inspection, complete the estimate form and obtain the shipper's signature (or signature of agent for shipper) on the receipt.
- (2) A copy of the form shall be given to the shipper or his or her agent, and a copy shall be retained for the carrier's files.
- (3) Provided, however, that if in the opinion of the estimator he or she will be able to arrive at a more accurate estimate by referring to reference materials to which he or she has no present access, the shipper may be provided with the completed estimate form at the earliest convenient time, but in any event, prior to the time when transportation services are actually performed.
- (4) In such a situation, however, the carrier shall also notify the shipper of the estimated cost of services by telephone, where possible, within twenty-four (24) hours after visual inspection is made.
(e)
- (1) If an estimate has been made by telephone, the estimate form shall be completed by the carrier and a copy thereof shall be delivered to the shipper or his or her agent at the earliest convenient time, but in any event, prior to the time when transportation services are actually performed.
- (2) The estimate form shall be signed as received by the shipper or his or her agent prior to the carrier performing any services, and the carrier shall retain a copy of the estimate form.
- (f) When actual charges for transportation services exceed the amount estimated in accordance with the preceding portions of this section by more than ten percent (10%) of the estimated cost, a shipper shall be allowed fifteen (15) extra days (excluding Saturdays, Sundays, and holidays) past the date of delivery to pay the amount by which the actual charges exceed the amount of the estimated charges plus ten percent (10%).
- (g) Provided no services have yet been performed, nothing in this section shall prohibit a carrier from making a revised estimate of charges prior to the time when a move is performed if an earlier estimate was made by telephone and if it appears from the completed estimate form that the shipper, by mistake or for any other reason, significantly misrepresented to the carrier the nature of amount of goods which are actually required to be transported.
- (h) Provided also that if, during the course of performing services, some condition is discovered by the carrier which could not have been reasonably determined prior to that time and which requires the carrier to perform some unanticipated service for which it must make an additional charge, an estimate may be revised to cover the charge for such services.