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Your Rights and Responsibilities When You Move
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 cancelled 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
believer 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 fromthe 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 non-performance.
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 trans
port 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 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. As 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
thedocuments 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.
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 ace 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 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 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 him 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
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.. .
lf 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.
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.
- APPUANCE SERVICE - preparation of major
electrical appliances to make them safe
for shipment.
- Buu. 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.
- COD. - 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 your 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.
TX D.O.T.# - 005350879C
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