44-1614. Delivery and unloading of household goods; exemption

A. If a household goods mover complies with section 44-1612 and the household goods mover has transported the household goods to the moving destination, all of the following apply:

1. The household goods mover may require the consumer to tender the total estimated price set forth in the contract pursuant to section 44-1612 before delivering and unloading the household goods, except that on a consumer's request a household goods mover may not refuse or charge additional fees to deliver and unload medicine or medical devices or items used to treat or assist an individual with a disability.

2. On the consumer's tender of payment of the total estimated price set forth in the contract, less any amounts previously collected from the consumer, the household goods mover must deliver and unload household goods at the moving destination.

3. A household goods mover may not refuse to deliver and unload household goods to a consumer at the moving destination based on the household goods mover's refusal or inability to accept a method of payment listed in the contract pursuant to section 44-1612.

4. If a consumer does not tender the total estimated price set forth in the contract pursuant to section 44-1612, the household goods mover may refuse to deliver and unload the household goods until the consumer tenders payment of the total estimated price.

B. If a household goods mover refuses to deliver and unload household goods, the household goods mover must use reasonable care to safeguard, preserve and protect the household goods until the household goods are properly delivered and unloaded at the moving destination.

C. If a household goods mover unlawfully fails to deliver and unload household goods, a peace officer may take custody of the household goods or direct the household goods mover to deliver and unload the household goods to the consumer.

D. After the written contract is signed pursuant to section 44-1612, if the consumer makes any request for an additional service not reflected in the contract prescribed by section 44-1612, the household goods mover must obtain written acknowledgement from the consumer of the fee the consumer should expect to pay for the service requested before the household goods mover provides the service. The household goods mover must also provide the consumer with a copy of the written acknowledgement of the fee before providing the service.

E. After delivering and unloading the household goods at the moving destination, a household goods mover may present an invoice for any remaining charges for additional services not reflected in the contract prescribed by section 44-1612, but that is acknowledged under subsection D of this section. To secure payment for any additional services provided, a household goods mover may not refuse to deliver and unload household goods at the moving destination. If the total amount collected by a household goods mover exceeds the amount prescribed by the contract as set forth in section 44-1612 and any acknowledged fees as set forth in subsection D of this section, the household goods mover shall refund the excess amount. The requirement to refund the excess amount does not apply to any gratuity that may have been collected by the household goods mover.