New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter VI - Transportation Regulations
Subchapter E - Motor Carriers
Article 2 - Service
Part 814 - Transportation of Household Goods by Common Carriers
Section 814.3 - Non-binding estimate and order for service

(a) Whenever a non-binding estimate and order for service for a proposed service shall be given by a carrier to a prospective shipper of household goods, it shall be made only after a visual inspection of the goods by an estimator prior to the day of the scheduled move, or upon verified information from the shipper. If at the time of the move, the shipper requests additional moving services that were not listed on the original non-binding estimate and order for service, an adjustment may be made by the carrier to the non-binding estimate to reflect the additional services and/or charges. Such statement shall be in writing. The form shall be fully executed as appropriate in each case in accordance with the instructions thereon. A true legible copy of each form prepared in accordance with this subdivision shall be delivered to the shipper before the pickup of the goods; and a copy thereof shall be maintained by the carrier as part of its record of the shipment. The order for service shall be signed by the shipper or his representative who is ordering the service, and by the carrier or its agent; the requirement of the shipper's signature shall apply to all orders for service, except where there is both an agreement for the extension of credit by the carrier and a written waiver of such requirement signed by the shipper or his representative. A copy of the order for service shall be dated and furnished the shipper or his representative at the time it is executed. In lieu of such written statement as herein above described, a carrier shall quote its rates for transportation and the charges for all proposed services to be performed in accordance with the provisions of its proposed tariff.

(b) Carriers may furnish to shippers or prospective shippers a non-binding estimate form which may contain statements of the weights of average pieces of furniture and other household articles of various types, for use by the shipper in making his own estimate of the total weight of his goods. If cubic foot measurements are used in arriving at the weight, the form shall state that a weight factor of seven pounds per cubic foot shall be used.

(c) In each instance in which the actual charges on any shipment exceed by more than 10 percent the amount of the non-binding estimate given by the carrier to the shipper, immediately upon determining the actual charges, the carrier shall inform the shipper of the amount thereof, by telephone, e-mail or other electronic means, provided that the requirement of this subdivision shall not apply where credit is to be extended by the carrier.

(d) Whenever the total tariff charges on a C.O.D. shipment shall exceed by more than 10 percent the non-binding estimate given by the carrier on a weight-rated move or by more than 25 percent of the non-binding estimate given by a carrier on an hourly-rated move, such carrier must relinquish possession of the entire shipment upon payment of the amount of the non-binding estimate plus 10 percent thereof in the case of weight-rated moves or upon payment of the non-binding estimate plus 25 percent thereof in the case of an hourly-rated move, and the carrier shall defer payment of the remainder of the tariff charges for a period of at least 15 days following delivery, excluding Saturdays, Sundays and holidays.

(e) Every motor common carrier shall, prior to receipt of the goods, prepare an order for service which contains the following minimum information: