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TARIFF INSPECTION AND INCORPORATION NOTICE
Federal law requires that movers advise shippers that they may
inspect the tariffs that govern your
shipment. Carriers'
tariffs, by this reference, are made a part of the contract
of carriage (bill of lading) between
you and the carrier and may be inspected
at carrier's facility, or, on request,
carrier will furnish a copy of any
tariff provision containing
carrier's rates, rules or charges
governing your shipment, the terms of which cannot be varied.
Incorporated tariff provisions include but are not limited to
those: (1.) establishing limitation of
carrier's liability, the principal features of which are
described in the valuation declaration
section of the bill of lading; (2.)
setting the time periods for filing claims, the principal
features of which are described in Section 6 of the
bill of lading; and, (3.) reserving
the carrier's right to assess additional
charges for additional services
performed and, on non-binding
estimates, to base charges upon the exact weight of the
goods transported.
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INTRODUCTION
The Federal Highway Administration (FHWA) regulations protect
consumers on interstate moves and define the rights and
responsibilities of consumers and household goods
carriers (movers).
The mover gives you this pamphlet to provide information about
your rights and responsibilities as a shipper of household goods.
You should talk to your mover if you have further questions. The
mover will also furnish you with a pamphlet describing its
procedures for handling your questions and complaints. The
pamphlet will include a number you can call to obtain additional
information about your move.
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.
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
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GLOSSARY OF MOVING TERMINOLOGY
ACCESSORIAL (ADDITIONAL) SERVICES - services
such as packing, appliance servicing,
unpacking, or piano stair carries that you request to be
performed (or are necessary because of landlord requirements or
other special circumstances). Charges for these services are in
addition to the transportation charges.
ADVANCED CHARGES - charges for services not
performed by the mover but instead by a professional, craftsman
or other third party at your request. The charges for these
services are paid for by the mover and added to your
bill of lading charges.
AGENT - a local moving company authorized to
act on behalf of a larger, national company.
APPLIANCE SERVICE - preparation of major
electrical appliances to make them safe for shipment.
BILL OF LADING - the receipt for your goods and
the contract for their transportation. It is your responsibility
to understand the bill of lading before you sign it. If you do
not agree with something on the bill of lading, do not sign it
until you are satisfied that it is correct. The bill of lading
is an important document. Don't lose or misplace your copy.
BINDING/NON-BINDING ESTIMATE - a binding
estimate is an agreement made in advance with the mover that
guarantees the total cost of the move based on the quantities
and services shown on the estimate. A non-binding estimate is
the carrier's approximation of the cost
based on the estimated weight of the shipment and the
accessorial services requested. A non-binding estimate is not
binding on the carrier and the final
charges will be based on the actual weight and
tariff provisions in effect.
CARRIER - the mover providing transportation of
your household goods.
C.O.D. - transportation for an individual
shipper for which payment is required at the time of delivery at
the destination residence (or warehouse).
EXPEDITED SERVICE - an agreement with the mover
to perform transportation by a set date in exchange for charges
based on a higher minimum weight.
FLIGHT CHARGE - an extra charge for carrying
items up or down flights of stairs.
GUARANTEED PICKUP AND DELIVERY SERVICE - an
additional level of service whereby dates of service are
guaranteed, with the mover proving reimbursement for delays.
This premium service is often subject to minimum weight
requirements.
HIGH VALUE ARTICLE - items included in a
shipment that are valued at more than $100 per pound.
INVENTORY - the detailed descriptive list of
your household goods showing the number and condition of each
item.
LINEHAUL CHARGES - charges for the vehicle
transportation portion of your move. These charges apply in
addition to the additional service charges.
LONG CARRY - an added charge for carrying
articles excessive distances between the mover's vehicle and
your residence.
ORDER FOR SERVICE - the document authorizing
the mover to transport your household goods.
ORDER (BILL
OF LADING) NUMBER - the number used to identify and
track your shipment.
PEAK SEASON RATES - higher
linehaul charges that are
applicable during the summer months.
PICKUP AND DELIVERY CHARGES - separate
transportation charges applicable for transporting your shipment
between the SIT warehouse and your residence.
SHUTTLE SERVICE - use of a smaller vehicle to
provide service to residences that are not accessible to the
mover's normal, larger linehaul
equipment.
STORAGE-IN-TRANSIT (SIT) - temporary warehouse
storage of you shipment pending further transportation, for
example, if your new home isn't quite ready to occupy. You must
specifically request SIT service, which may not exceed a total
of 90 days of storage, and you will be responsible for the added
charges for SIT service, as well as the
warehouse handling and final
delivery charges.
TARIFF - the mover's required, published price
list of rules, regulations, rates and charges for the
performance of interstate moving services.
VALUATION - the degree of "worth" of the
shipment. The valuation charge compensates the mover for
assuming a greater degree of liability than that provided for in
the base transportation charges.
WAREHOUSE HANDLING - an additional charge
applicable each time SIT service is provided. This charge
compensates the mover for the physical placement and removal of
items within the warehouse.
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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.
Terms
