44-1612. Exemption qualifications

A. To qualify for the exemption set forth in section 44-1614, a household goods mover must:

1. Provide to the consumer a written contract that meets all of the following requirements:

(a) Is signed and dated, through electronic means or otherwise, by the consumer and household goods mover before the household goods mover provides any household goods moving services or takes possession of any household goods.

(b) Includes:

(i) The name, telephone number and physical address of the household goods mover that issues the contract and that provides the household goods moving services.

(ii) The date and time of the scheduled household goods moving services.

(iii) The name, address and telephone number of the consumer, the address of where the household goods that need to be moved are located and the address of the moving destination.

(iv) A detailed list of household goods moving services to be provided under the contract and any other fees that the consumer may be required to pay.

(v) A list of any terms and conditions for payment of the total charges, including a notice of any minimum charges.

(vi) A list of acceptable methods of payment for the household goods moving services.

(vii) A statement as to whether a household goods mover will reimburse consumers for any loss or damage incurred during the move and, if applicable, an explanation of how the household goods mover will reimburse consumers for loss or damage and the process consumers must follow to obtain a reimbursement.

(viii) The total estimated price, including all anticipated fees and charges, based on the specific circumstances of the services to be performed.

2. Before providing any household goods moving services, the household goods mover must also provide the consumer with a clear and conspicuous disclaimer with the following language: " By signing this disclaimer, I acknowledge that the household goods mover may refuse to unload and deliver my household goods until I have paid the total estimated price set forth in this contract. I can cancel this contract at any time prior to the moving company providing services." The disclaimer must be signed by the household goods mover and the consumer.

3. The household goods mover must provide to the consumer a legible copy of the signed contract and the disclaimer before providing any household goods moving services.

B. The consumer may cancel the contract at any point before the household goods mover provides any household goods moving services. The notice of cancellation does not need to be in any particular form and is effective if it indicates the intention of the consumer not to be bound by the contract.