Your Rights and Responsibilities When You Move
Provided by The Federal Highway Administration (FHWA)
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TARIFF INSPECTION AND INCORPORATION NOTICE
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.
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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.
MOVING 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:
Federal Motor Carrier Safety Administration
Office of Public and Consumer Affairs (MC-PA)
400 7th Street, S.W.
Washington, D.C. 20590
To file a Household Goods Complaint or other Commercial
Complaint you may call, 1-888-368-7238 (1-888-DOT-SAFT).
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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.
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