Federal law requires that movers advise shippers that they
may inspect the tariffs that govern your shipment. Carriers'
tariffs, by this reference, are made a part of the contract
of carriage (bill of lading) between you and the carrier and
may be inspected at carrier's facility, or, on request, carrier
will furnish a copy of any tariff provision containing carrier's
rates, rules or charges governing your shipment, the terms of
which cannot be varied.
Incorporated tariff provisions include but are not limited
to those: (1.) establishing limitation of carrier's liability,
the principal features of which are described in the valuation
declaration section of the bill of lading; (2.) setting the
time periods for filing claims, the principal features of which
are described in Section 6 of the bill of lading; and, (3.)
reserving the carrier's right to assess additional charges for
additional services performed and, on non-binding estimates,
to base charges upon the exact weight of the goods transported.
INTRODUCTION
The Federal Highway Administration (FHWA) regulations protect
consumers on interstate moves and define the rights and responsibilities
of consumers and household goods carriers (movers).
The mover gives you this pamphlet to provide information about
your rights and responsibilities as a shipper of household goods.
You should talk to your mover if you have further questions.
The mover will also furnish you with a pamphlet describing its
procedures for handling your questions and complaints. The pamphlet
will include a number you can call to obtain additional information
about your move.
ESTIMATES
Although movers are not required to give estimates, most movers
do provide estimates when requested. There are two types of
estimates, binding and non-binding.
BINDING ESTIMATES OF TOTAL COST
The mover may charge you for providing a binding estimate which
must clearly describe the shipment and all services provided.
When you receive a binding estimate, you cannot be required
to pay any more than that amount. However, if you have requested
the mover to provide more services than those included in the
estimate, such as destination charges (i.e., long carry charges,
shuttle charges, extra stair carry charges, or elevator charges)
often not known at origin, the mover may demand full payment
for those added services at time of delivery.
To be effective, a binding estimate must be in writing and
a copy must be made available to you before your move.
If you agree to a binding estimate, you are responsible for
paying the charges due by cash, certified check, traveler's
check, or bank check (one drawn by a bank on itself and signed
by an officer of the bank) at time of delivery unless the mover
agrees before you move to extend credit or to accept payment
by charge card. If you are unable to pay at the time the shipment
is delivered, the mover may place your shipment in storage at
your expense until the charges are paid.
NON-BINDING ESTIMATES OF APPROXIMATE COST
The mover is not permitted to charge for giving a non-binding
estimate.
A non-binding estimate is not a bid or contract. It is provided
by the mover to give you a general idea of the cost of the move,
but it does not bind the mover to the estimated cost. Furthermore,
it is not a guarantee that the final cost will not be more than
the estimate. The actual cost will be in accordance with the
mover's published tariffs. All movers are legally obligated
to collect no more and no less than the charges shown in their
tariffs regardless of prior rate quotations contained in non-binding
estimates. The charges contained in the tariffs are essentially
the same for the same weight shipment moving the same distance.
If you obtain differing (non-binding) estimates from different
movers, you will be obligated to pay only the amount specified
in the tariff. Therefore, a non-binding estimate may have no
effect on the amount you will have to pay.
Non-binding estimates must be in writing and clearly describe
the shipment and all services provided. Any time a mover provides
such an estimate the amount of the charges estimated must be
on the order for service and bill of lading relating to your
shipment. If you are given a non-binding estimate, do not sign
or accept the order for service or bill of lading unless the
amount estimated is entered on each form when prepared by the
mover.
If you are given a non-binding estimate, the mover cannot require
you to pay more than the amount of the original estimate, plus
10 percent, at time of delivery. You will then have at least
30 days after delivery to pay any remaining charges.
IF YOU REQUEST THE MOVER TO PROVIDE
MORE SERVICES THAN THOSE INCLUDED IN THE ESTIMATE, THE MOVER
MAY DEMAND FULL PAYMENT FOR THOSE ADDED SERVICES AT TIME OF
DELIVERY.
SPACE RESERVATIONS, EXPEDITED SERVICE, EXCLUSIVE USE
OF A VEHICLE AND GUARANTEED PICKUP AND DELIVERY
It is customary for movers to offer price and service options.
The total cost of your move may be increased if you want additional
or special services. Before you agree to have your shipment
moved under a bill of lading providing special service, you
should have a clear understanding with the mover what the additional
cost will be. You should always consider that you may find other
movers who can provide the service you require without requiring
that you pay the additional charges.
One service option is a SPACE RESERVATION.
If you agree to have your shipment transported under a space
reservation agreement, you are required to pay for a minimum
number of cubic feet of space in the moving van regardless of
how much space in the van is actually occupied by your shipment.
A second service option is EXPEDITED SERVICE to aid shippers who must have their shipments transported on
or between specific dates which the mover could not ordinarily
agree to do in its normal operations.
Another customary service option is EXCLUSIVE USE OF
A VEHICLE. If for any reason you desire or require
that your shipment be moved by itself on the mover's truck or
trailer, most movers will provide such service.
Still another service option is GUARANTEED SERVICE
ON OR BETWEEN AGREED DATES. You enter into an agreement
with the mover that provides for your shipment to be picked
up, transported to destination and delivered on specific guaranteed
dates. If the mover fails to provide the service as agreed,
you are entitled to be compensated at a predetermined amount
or a daily rate (per diem) regardless of the expense you actually
might have incurred as a result of the mover's failure to perform.
Before requesting or agreeing to any of these price and service
options, be sure to ask the mover's representatives about the
final costs you will be required to pay.
TRANSPORT OF SHIPMENTS ON TWO OR MORE VEHICLES
Although all movers try to move each shipment on one truck
it becomes necessary at times to divide a shipment among two
or more trucks. This may occur if the mover has underestimated
the cubic feet of space required for your shipment, with the
consequence that it will not all fit on the first truck. The
remainder or "leave behind" will be picked up by a
second truck at a later time and may arrive at the destination
at a later time than the first truck. When this occurs, your
transportation charges will be determined as if the entire shipment
moved on one truck.
If it is important for you to avoid the inconvenience of a
"leave behind," be sure that your estimate includes
an accurate calculation of the cubic feet required for your
shipment. Ask your estimator to use a "Table of Measurements"
form in making this calculation. Consider asking for a binding
estimate, which is more likely to be conservative with regard
to cubic feet than non-binding estimates. If the mover offers
the service, consider making a space reservation for the necessary
amount of space plus some margin of error. In any case, it is
prudent to "prioritize" your goods in advance of the
move so that the more essential items will be loaded on the
first truck if some are left behind.
ORDER FOR SERVICE
Moving companies are required to prepare an order for service
on every shipment transported for an individual shipper. You
are entitled to a copy of the order for service when it is prepared.
The order for service is not a contract. Should your move be
canceled or delayed or if you decide not to use the mover, you
should promptly cancel the order.
Should there be any change in the dates on which you and the
mover agreed that your shipment will be picked up and delivered,
or any change in the non-binding estimate, the mover may prepare
a written change to the order for service. The written change
should be attached to the order for service. You and the mover
must sign the order for service.
BILL OF LADING
The bill of lading is the contract between you and the mover.
The mover is required by law to prepare a bill of lading for
every shipment it transports. The information on the bill of
lading is required to be the same information shown on the order
for service. The driver who loads your shipment must give you
a copy of the bill of lading before loading your furniture.
IT IS YOUR RESPONSIBILITY TO READ THE BILL OF LADING
BEFORE YOU ACCEPT IT.
The bill of lading requires the mover to provide the service
you have requested, and you must pay the charges for the service.
THE BILL OF LADING IS AN IMPORTANT
DOCUMENT. DO NOT LOSE OR MISPLACE YOUR COPY.
Have it available until your shipment is delivered, all charges
are paid and all claims, if any, are settled.
INVENTORY
At the time the mover's driver loads your shipment, he or she,
although not required to do so, usually inventories your shipment
listing any damage or unusual wear. The purpose is to make a
record of the condition of each item. If the driver does not
make an inventory, you should make one yourself.
After completing the inventory, the driver will usually sign
each page and ask you to sign each page. It is important before
signing that you make sure that the inventory lists every item
in your shipment and that the entries regarding the condition
of each item are correct. You have the right to note any disagreement.
When your shipment is delivered, if an item is missing or damaged,
your ability to recover from the mover for any loss or damage
may depend on the notations made.
The driver will give you a copy of each page of the inventory.
Attach the complete inventory to your copy of the bill of lading.
It is your receipt for the goods.
At the time your shipment is delivered, it is your responsibility
to check the items delivered against the items listed on your
inventory. If new damage is discovered, make a record of it
on the inventory form. Call the damage to the attention of the
driver and request that a record of the damage be made on the
driver's copy of the inventory.
After the complete shipment is unloaded, the driver will request
that you sign the driver's copy of the inventory to show that
you received the items listed. Do not sign until you have assured
yourself that it is accurate and that proper notations have
been entered regarding any missing or damaged items. When you
sign the inventory, you are giving the driver a receipt for
your goods.
SHIPMENTS SUBJECT TO MINIMUM WEIGHT OR VOLUME CHARGES
Movers usually have a minimum weight or volume charge for transporting
a shipment. Usually the minimum is the charge for transporting
a shipment of at least 1,000 pounds (454 kilograms).
If your shipment appears to weigh less than the mover's minimum
weight, the mover is required to advise you on the order for
service of the minimum cost before agreeing to transport the
shipment. Should the mover fail to advise you of the minimum
charges and your shipment is less than the minimum weight, the
final charges must be based on the actual weight instead of
the minimum weight.
DETERMINING THE WEIGHT OF YOUR SHIPMENT
If charges are to be based upon the weight of the shipment,
the mover is required to weigh the shipment. Unless your shipment
weighs less than 1,000 pounds (454 kilograms) and can be weighed
on a warehouse platform scale, the mover is required to determine
the weight of your shipment by one of the following processes.
ORIGIN WEIGHING - If your shipment is weighed
in the city or area from which you are moving, the driver is
required to weigh the truck on which the shipment is to be transported
before coming to your residence. This is called the tare weight.
At the time of this first weighing the truck may already be
partially loaded with one or more other shipments. This will
not affect the weight of your shipment. The truck should also
contain the pads, dollies, hand-trucks, ramps, and other equipment
normally used in the transportation of household goods shipments.
After loading, the truck will be weighed again to obtain the
loaded weight, called the gross weight. The net weight of your
shipment is then obtained by subtracting the tare weight from
the gross weight.
DESTINATION WEIGHING - The mover is also permitted
to determine the weight of your shipment at the destination
at the time of unloading. The fact that a shipment is weighed
at the destination instead of at the origin will not affect
the accuracy of the weight of your shipment. THE
MOST IMPORTANT DIFFERENCE IS THAT THE MOVER WILL NOT BE ABLE
TO DETERMINE THE EXACT CHARGES ON YOUR SHIPMENT BEFORE IT IS
UNLOADED.
Destination weighing is done in reverse of origin weighing.
After arriving in the city or area to which you are moving,
the driver will weigh the truck, with your shipment loaded on
it, to obtain the gross weight before coming to your new residence
to unload. After unloading your shipment, the driver will again
weigh the truck to obtain the tare weight. The net weight of
your shipment will then be obtained by subtracting the tare
weight from the gross weight.
Each time a weighing is performed the driver is required to
obtain a weight ticket showing the date and place of weighing
and the weight obtained. The ticket must also have your name
and shipment number entered on it, along with the identification
(I.D.) numbers of the truck. The ticket must be signed by the
person who performed the weighing. If both the empty (tare)
and loaded (gross) weighings are performed on the same scale,
the record of both weighings may be entered on one weight ticket.
At the time the mover gives you the freight bill to collect
the charges, a copy of every weight ticket relating to your
shipment must accompany your copy of the freight bill.
You have the right to observe every weighing. The mover is
required to inform you of the specific location of each scale
that will be used and to allow you a reasonable opportunity
to be present. If you desire to observe either or both of the
weighings, you should tell the mover at the time the order for
service is prepared or, in any event, before the date of your
move. This will enable the mover to contact you before the weighing
to advise you of the location of the scale.
REWEIGHING OF SHIPMENTS
If your shipment is weighed at origin and you agree with the
mover that you will pay the charges at time of delivery, the
mover is required to give you written notice of the weight and
charges on your shipment before commencing to unload at your
destination residence. If you believe that the weight is not
accurate, you have the right to request that the shipment be
reweighed before unloading.
The mover is not permitted to charge for the reweighing. If
the weight of your shipment at the time of the reweigh is different
from the weight determined at origin, the mover must recompute
the charges based on the reweigh weight.
Before requesting a reweigh, you may find it to your advantage
to estimate the weight of your shipment using the following
method:
Count the number of items in your shipment. Usually there will
be either 30 or 40 items listed on each page of the inventory.
For example, if there are 30 items per page and your inventory
consists of four complete pages and a fifth page with 15 items
listed, the total number of items will be 135. If an automobile
is listed on the inventory do not include that item in the count
of the total items.
Subtract the weight of any automobile included in your shipment
from the total weight of the shipment. If the automobile was
not weighed separately, its weight can be found on its title
or license receipt.
Divide the number of items in your shipment into the weight.
If the average weight resulting from this exercise ranges between
35 and 45 pounds (16 and 20 kilograms) per article, it is unlikely
that a reweigh will prove beneficial to you and could result
in your paying higher charges.
Experience has shown that the average shipment of household
goods will weigh about 40 pounds (18 kilograms) per item. If
a shipment contains a large number of heavy items, such as cartons
of books, boxes of tools or heavier than average furniture,
the average weight per item may be 45 pounds (20 kilograms)
or more.
PICKING UP AND DELIVERING SHIPMENTS ON THE AGREED DATES
You and your mover must reach agreement as to when your shipment
is to be picked up and delivered. It is your responsibility
to determine on what date, or between what dates, you need to
have the shipment picked up and on what date or between what
dates, you require delivery. It is the mover's responsibility
to tell you if the service can be provided on or between those
dates or, if not, on what other dates the service can be provided.
In the process of reaching an agreement with a mover, it may
be necessary for you to alter your moving and travel plans if
no mover can provide service on the specific dates you desire.
Do not agree to have your shipment picked up or delivered as
soon as possible. The dates or periods of time you and the mover
agree on should be definite.
Once an agreement is reached, the mover is required to enter
those dates on the order for service and the bill of lading.
Once your goods are loaded, the mover is contractually bound
to provide the service described in the bill of lading. The
only defense for not providing the service on the dates called
for is the "defense of force majeure." This is a legal
term which means that if circumstances which could not have
been foreseen and which are beyond the control of the mover
prevent the performance of the service as agreed to in the bill
of lading, the mover is not responsible for damages resulting
from the nonperformance.
If, after an order for service is prepared, the mover is unable
to make pickup or delivery on the agreed dates, the mover is
required to notify you by telephone, telegram or in person.
The mover must at that time tell you when your shipment can
be picked up or delivered. If for any reason you are unable
or unwilling to accept pickup or delivery on the dates named
by the mover, you should attempt to reach agreement on an alternate
date.
The establishment of a delayed pickup or delivery date does
not relieve the mover from liability for damages resulting from
the failure to provide service as agreed. However, when you
are notified of alternate delivery dates it is your responsibility
to be available to accept delivery on the dates specified. If
you are not available and willing to accept delivery, the mover
has the right to place your shipment in storage at your expense
or hold the shipment on its truck and assess additional charges.
If after the pickup of your shipment, you request the mover
to change the delivery date, most movers will agree to do so
providing your request will not result in unreasonable delay
to their equipment or interfere with another customer's move.
However, the mover is not required to consent to amended delivery
dates and has the right to place your shipment in storage at
your expense if you are unwilling or unable to accept delivery
on the date agreed to in the bill of lading.
If the mover fails to pick up and deliver your shipment on
the dates entered on the bill of lading and you have expenses
you otherwise would not have had, you may be able to recover
those expenses from the mover. This is what is called an inconvenience
or delay claim. Should a mover refuse to honor such a claim
and you continue to believe that you are entitled to be paid
damages, you may sue the mover. The FHWA has no authority to
order the mover to pay such claims.
While it is hoped that your shipment will not be delayed, you
should consider this possibility and find out before you agree
for a mover to transport your shipment what payment you can
expect if the service is delayed through the fault of the mover.
NOTIFICATION OF CHARGES
You must advise the mover at the time you make the arrangements
for the move if you wish to be notified of the weight and charges.
You are required to give the mover a telephone number or address
at which the notification will be received.
The mover must notify you of the charges at least one 24-hour
weekday prior to the delivery, unless the shipment is to be
delivered the day after pickup. The 24-hour requirement does
not apply when you obtain an estimate of the costs prior to
the move or when the shipment is to be weighed at the destination.
RECEIPT FOR DELIVERY OF THE SHIPMENT
At the time of delivery, the mover expects you to sign a receipt
for your shipment. This is usually accomplished by having you
sign each page of the mover's copy of the inventory.
Movers are prohibited from having you sign a receipt which
relieves the mover from all liability for loss or damage to
the shipment. Do not sign any receipt which does not provide
that you are signing for your shipment in apparent good condition
except as noted on the shipping documents.
THE MOVER'S LIABILITY FOR LOSS AND DAMAGE
All moving companies are required to assume liability for the
value of the goods which they transport. However, there are
different levels of liability, and consumers should be aware
of the amount of protection provided and the charges for each
option.
Basically, most movers offer four different levels of liability
under the terms of their tariffs and pursuant to the Surface
Transportation Board's Released Rates Orders which govern the
moving industry.
OPTION 1: RELEASED VALUE
This is the most economical protection option available. This
no additional-cost option provides minimal protection. Under
this option, the mover assumes liability for no more than 60
cents per pound ($1.32 per kilogram), per article. Loss or damage
claims are settled based on the pound weight of the article
multiplied by 60 cents (or the kilogram weight multiplied by
$1.32). For example, if a 10-pound (4.54 kilogram) stereo component,
valued at $1,000 were lost or destroyed, the mover would be
liable for no more than $6.00. Obviously, the shipper should
think carefully before agreeing to such an arrangement. There
is no extra charge for this minimal protection, but you must
sign a specific statement on the bill of lading agreeing to
it.
OPTION 2: DECLARED VALUE
Under this option, the valuation of your shipment is based
on the total weight of the shipment times $1.25 per pound ($2.75
per kilogram). For example, a 4,000-pound shipment (1814.4 kilogram)
would have a maximum liability value of $5,000.00. Any loss
or damage claim under this option is settled based on the depreciated
value of the lost or damaged item(s) up to the maximum liability
value based on the weight of the entire shipment. Under this
option, if you shipped a 10-pound (4.54 kilogram) stereo component
that originally cost $1,000, the mover would be liable for up
to $1,000, based on the depreciated value of the item.
Unless you specifically agree to other arrangements, the mover
is required to assume liability for the entire shipment based
on this option. Also, the mover is entitled to charge you $7.00
for each $1,000 (or fraction thereof) of liability assumed for
shipments transported under this option. In the example above,
the valuation charge for a shipment valued at $5,000 would be
$35.00. Under this option, your shipment is protected based
on its depreciated value, and the mover is entitled to charge
you a fee for this extra protection.
OPTION 3: LUMP SUM VALUE
Under this option, which is similar to Option 2, if the value
of your shipment exceeds $1.25 per pound ($2.75 per kilogram)
times the weight of the shipment, you may obtain additional
liability protection from the mover. You do this by declaring
a specific dollar value for your shipment. The amount you declare
must exceed $1.25 per pound ($2.75 per kilogram) times the weight
of the shipment. The amount of value that you declare is subject
to the same valuation charge ($7.00 per $1,000) as described
in OPTION 2. For example, if you declare that your 4,000-pound
(1814.4 kilogram) shipment is worth $10,000 (instead of the
$5,000 under OPTION 2), the mover will charge you $7.00 for
each $1,000 of declared value, or $70.00, for this increased
level of liability. If you ship articles that are unusually
expensive, you may wish to declare this extra value. You must
make this declaration in writing on the bill of lading.
OPTION 4: FULL VALUE PROTECTION
Many movers offer a fourth level of added-value protection,
often referred to as "full value protection" or "full
replacement value." If you elect to purchase full value
protection, articles that are lost, damaged or destroyed will
be either repaired, replaced with like items, or a cash settlement
will be made for the current market replacement value regardless
of the age of the lost or damaged item. Unlike the other options,
depreciation of the lost or damaged item is not a factor in
determining replacement value when the shipment is moved under
full value protection.
The cost for full value protection is approximately $8.50 per
$1,000 of declared value; however, the minimum value declared
must be equal to the weight of the shipment multiplied by $3.50
per pound ($7.70 per kilogram), which is further subject to
a minimum declaration of $21,000.
For example, if your shipment weighs 5,000 pounds (2,268 kilograms),
the minimum declared value must be at least $21,000. The exact
cost for full value protection may vary by mover and may be
further subject to various deductible levels of liability which
may reduce your cost. Ask your mover for the details of its
specific plan.
Under these four options, movers are permitted to limit their
liability for loss or damage to articles of extraordinary value,
unless you specifically list these articles on the shipping
documents. An article of extraordinary value is any item whose
value exceeds $100 per pound ($220 per kilogram). Ask your mover
for a complete explanation of this limitation before you move.
It is your responsibility to study this provision carefully
and to make the necessary declaration.
These optional levels of liability are not insurance agreements
which are governed by State insurance laws, but instead are
authorized under Released Rates Orders of the Surface Transportation
Board of the U.S. Department of Transportation. In addition
to these options, some carriers may also offer to sell, or procure
for you, separate liability insurance from a third-party insurance
company when you release your shipment for transportation at
the minimum released valuation of 60 cents per pound ($1.32
per kilogram) per article (Option 1). This is not valuation
coverage governed by Federal law, but optional insurance that
is regulated under State law. If you purchase this separate
coverage, in the event of loss or damage which is the responsibility
of the mover, the mover is liable only for an amount not exceeding
60 cents per pound ($1.32 per kilogram) per article, and the
balance of the loss is recoverable from the insurance company
up to the amount of insurance purchased. The mover's representative
can advise you of the availability of such liability insurance
and the cost.
If you purchase liability insurance from or through your mover,
the mover is required to issue a policy or other written record
of the purchase and to provide you with a copy of the policy
or other document at the time of purchase. If the mover fails
to comply with this requirement, the mover becomes fully liable
for any claim for loss or damage attributed to its negligence.
COMPLAINTS AND INQUIRIES ABOUT THE MOVER'S SERVICE
All movers are expected to respond promptly to complaints or
inquiries from their customers. Should you have a complaint
or question about your move, you should first attempt to obtain
a satisfactory response from the mover's local agent, the sales
representative who handled the arrangements for your move, or
the driver assigned to your shipment.
If for any reason you are unable to obtain a satisfactory response
from one of these persons, you should then contact the mover's
principal office. When you make such a call, be sure to have
available your copies of all the documents relating to the move.
Particularly important is the number assigned to your shipment
by the mover.
Interstate movers are also required to offer neutral arbitration
as a means of resolving consumer disputes involving loss or
damage on collect on delivery (COD) shipments. Your mover is
required to provide you with information regarding its arbitration
program.
All interstate moving companies are required to maintain a
complaint and inquiry procedure to assist their customers. At
the time you make the arrangements for your move, you should
ask the mover's representative for a description of the mover's
procedure, the telephone number to be used to contact the carrier
and whether the mover will pay for such telephone calls.
PAYMENTS
PAYMENT OF THE TRANSPORTATION CHARGES
At the time for payment of transportation charges, the mover
is required to give you a freight bill identifying the service
provided and the charge for each service. It is customary for
most movers to use a copy of the bill of lading as a freight
bill; however, some movers use an entirely separate document
for this purpose.
Except in those instances where a shipment is moving on a binding
estimate, the freight bill must specifically identify each service
performed, the rate per unit for each service, and the total
charges for each service. Do not accept or pay a freight bill
which does not contain this information.
If your shipment was transported on a collect on delivery (COD)
basis, you will be expected to pay the total charges appearing
on the freight bill at the time of delivery unless the mover
provided a non-binding estimate of approximate cost and the
total charges for the services included in the estimate exceed
110 percent of the estimated charges.
It is customary for movers to provide in their tariffs that
freight charges must be paid in cash, by certified check, traveler's
check, or bank check (one drawn by a bank on itself and signed
by an officer of the bank). When this requirement exists, the
mover will not accept personal checks. At the time you make
arrangements for your move, you should ask the mover about the
form of payment that is acceptable.
Some movers permit payment of freight charges by use of a charge
card. However, do not assume that because you have a nationally
recognized charge or credit card that it will be acceptable
for payment. Ask the mover at the time the arrangements are
made.
If you do not pay the transportation charges at the time of
delivery the mover has the right under the bill of lading to
refuse to deliver your goods. The mover may place them in storage
at your expense until the charges are paid.
If, before payment of the transportation charges, you discover
an error in the charges, you should attempt to correct the error
with the driver, the mover's local agent, or by contacting the
mover's main office. If an error is discovered after payment,
you should write the mover (the address will be on the freight
bill) explaining the error and request a refund.
Movers customarily check all shipment files and freight bills
after a move has been completed to make sure the charges were
accurate. If an overcharge is found, you will be notified and
a refund made. If an undercharge occurred, you will be billed
for the additional charges due.
PAYMENT OF THE TRANSPORTATION
CHARGES ON SHIPMENTS TRANSPORTED ON TWO MORE VEHICLES
Although all movers try to move each shipment on one truck
it becomes necessary at times to divide a shipment among two
or more trucks. This frequently occurs when an automobile is
included in the shipment and it is transported on a vehicle
specially designed to transport automobiles. When this occurs
your transportation charges are the same as if the entire shipment
moved on one truck.
If your shipment is divided for transportation on two or more
trucks, the mover can require payment for each portion as it
is delivered.
Movers are also permitted, but not required, to delay the collection
of all the charges until the entire shipment is delivered. At
the time you make the arrangements for your move, you should
ask the mover about its policies in this respect.
PAYMENT OF TRANSPORTATION CHARGES ON SHIPMENTS LOST
OR DESTROYED IN TRANSIT
Movers customarily make every effort to assure that while your
shipment is in their possession for transportation, no items
are lost, damaged or destroyed. However, despite the precautions
taken, articles are sometimes lost or destroyed during the move.
In addition to any money you may recover from the mover to
compensate for lost or destroyed articles, you are also entitled
to recover the transportation charges represented by the portion
of the shipment lost or destroyed.
On shipments with partial loss or destruction of goods, the
transportation charges must be paid. The mover will then return
proportional freight charges at the time loss and damage claims
are processed. Should your entire shipment be lost or destroyed
while in the mover's possession, the mover cannot require you
to pay any of the charges except the amount you have paid or
agreed to pay for added liability protection. The fact that
you do not pay any transportation charges does not affect any
right you may have to recover reimbursement for the lost or
destroyed articles providing you pay the charges for added liability
protection.
FILING OF CLAIMS FOR LOSS AND DAMAGE OR DELAY AND DISPUTE
RESOLUTION PROGRAMS
Should your move result in loss or damage to any of your property,
you have the right to file a claim with the mover to recover
money for such loss or damage.
You have nine months following either the date of delivery,
or the date on which the shipment should have been delivered,
to file a claim. However, you should file a claim as soon as
possible. If you fail to file a claim within 120 days following
delivery and later bring a legal action against the mover to
recover the damages, you may not be able to recover your attorney
fees even though you win the court action.
While the Federal Government maintains regulations governing
the processing of loss and damage claims, it cannot resolve
those claims. If you cannot settle a claim with the mover, you
may file a civil action to recover in court. In this connection,
you may obtain the name and address of the mover's agent for
service of legal process in your State by contacting the FHWA.
In addition, interstate movers are required to participate
in a Dispute Resolution Program which provides that certain
types of unresolved loss or damage claims must be submitted
to a neutral arbitrator for resolution. You may find submitting
your claim to arbitration under such a program to be a less
expensive and more convenient way to seek recovery of your claim.
Movers are required to advise all COD shippers of the existence
and details of the arbitration program before they accept a
shipment to be transported. If the mover does not provide you
with information about a dispute resolution program before you
move, ask the mover for the details of the program.
CONCLUSION
Should you have any questions about your move which are not
answered in this pamphlet, do not hesitate to ask the mover's
representative who handled the arrangements for your move, the
driver who transports your shipment, or the mover's main office
for additional information.
For further advice or assistance, contact the Federal Highway
Administration:
LICENSING & INSURANCE DIVISION (HIA-30)
OFFICE OF MOTOR CARRIER AND HIGHWAY SAFETY INFORMATION ANALYSIS
FEDERAL HIGHWAY ADMINISTRATION
400 VIRGINIA AVENUE, SW
WASHINGTON, DC 20024
(202) 358-7027
GLOSSARY OF MOVING TERMINOLOGY
ACCESSORIAL (ADDITIONAL) SERVICES - services
such as packing, appliance servicing, unpacking, or piano stair
carries that you request to be performed (or are necessary because
of landlord requirements or other special circumstances). Charges
for these services are in addition to the transportation charges.
ADVANCED CHARGES - charges for services not
performed by the mover but instead by a professional, craftsman
or other third party at your request. The charges for these
services are paid for by the mover and added to your bill of
lading charges.
AGENT - a local moving company authorized
to act on behalf of a larger, national company.
APPLIANCE SERVICE - preparation of major electrical
appliances to make them safe for shipment.
BILL OF LADING - the receipt for your goods
and the contract for their transportation. It is your responsibility
to understand the bill of lading before you sign it. If you
do not agree with something on the bill of lading, do not sign
it until you are satisfied that it is correct. The bill of lading
is an important document. Don't lose or misplace your copy.
BINDING/NON-BINDING ESTIMATE - a binding estimate
is an agreement made in advance with the mover that guarantees
the total cost of the move based on the quantities and services
shown on the estimate. A non-binding estimate is the carrier's
approximation of the cost based on the estimated weight of the
shipment and the accessorial services requested. A non-binding
estimate is not binding on the carrier and the final charges
will be based on the actual weight and tariff provisions in
effect.
CARRIER - the mover providing transportation
of your household goods.
C.O.D. - transportation for an individual
shipper for which payment is required at the time of delivery
at the destination residence (or warehouse).
EXPEDITED SERVICE - an agreement with the
mover to perform transportation by a set date in exchange for
charges based on a higher minimum weight.
FLIGHT CHARGE - an extra charge for carrying
items up or down flights of stairs.
GUARANTEED PICKUP AND DELIVERY SERVICE - an
additional level of service whereby dates of service are guaranteed,
with the mover proving reimbursement for delays. This premium
service is often subject to minimum weight requirements.
HIGH VALUE ARTICLE - items included in a shipment
that are valued at more than $100 per pound.
INVENTORY - the detailed descriptive list
of your household goods showing the number and condition of
each item.
LineHAUL CHARGES - charges for the vehicle
transportation portion of your move. These charges apply in
addition to the additional service charges.
LONG CARRY - an added charge for carrying
articles excessive distances between the mover's vehicle and
your residence.
ORDER FOR SERVICE - the document authorizing
the mover to transport your household goods.
ORDER (BILL OF LADING) NUMBER - the number
used to identify and track your shipment.
PEAK SEASON RATES - higher Linehaul charges
that are applicable during the summer months.
PICKUP AND DELIVERY CHARGES - separate transportation
charges applicable for transporting your shipment between the
SIT warehouse and your residence.
SHUTTLE SERVICE - use of a smaller vehicle
to provide service to residences that are not accessible to
the mover's normal, larger Linehaul equipment.
STORAGE-IN-TRANSIT (SIT) - temporary warehouse
storage of you shipment pending further transportation, for
example, if your new home isn't quite ready to occupy. You must
specifically request SIT service, which may not exceed a total
of 90 days of storage, and you will be responsible for the added
charges for SIT service, as well as the warehouse handling and
final delivery charges.
TARIFF - the mover's required, published price
list of rules, regulations, rates and charges for the performance
of interstate moving services.
VALUATION - the degree of "worth"
of the shipment. The valuation charge compensates the mover
for assuming a greater degree of liability than that provided
for in the base transportation charges.
WAREHOUSE HANDLING - an additional charge
applicable each time SIT service is provided. This charge compensates
the mover for the physical placement and removal of items within
the warehouse.
POINTS TO REMEMBER
Movers may give binding estimates.
Non-binding estimates may not be accurate; actual charges may
often exceed the estimate.
Specify pickup and delivery dates in the order for service.
The Bill of Lading is your contract with the mover... READ
IT CAREFULLY... If you have any questions ask
your mover.
Be sure that you understand the extent of your mover's liability
for loss and damage.
You have the right to be present each time your shipment is
weighed.
You may request a reweigh of your shipment.
If you have moved on a non-binding estimate, you should have
enough cash or a certified check to pay the estimated cost of
your move plus 10 percent more at time of delivery.
Unresolved claims for loss or damage may be submitted to arbitration;
ask your mover for details. |
