Your
Rights and Responsibilities When You Move
Prepared By The Federal Highway Administration (FHWA)
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:
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. FOR
FASTER SERVICE CALL 800-819-7444
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