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
888-362-9237