YOUR RIGHTS AND RESPONSIBILITIES
WHEN YOU MOVE
Prepared By The Federal Highway Administration (FHWA)
Furnished BY YOUR MOVER - OCE-100
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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.
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:
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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.
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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.
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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 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
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Movers may give binding estimates.
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Non-binding estimates may not be accurate; actual charges
may often exceed the estimate.
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Specify pickup and delivery dates in the order for service.
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The Bill of Lading is your contract with the mover...
READ IT CAREFULLY... If you have any questions ask your mover.
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Be sure that you understand the extent of your mover's liability
for loss and damage.
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You have the right to be present each time your shipment
is weighed.
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You may request a reweigh of your shipment.
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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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