Your Rights and Responsibilities When
You Move
Prepared By The Federal Highway
Administration (FHWA)
TARIFF INSPECTION AND
INCORPORATION NOTICE
Federal law requires that movers advise
shippers that they may inspect the
tariffs that govern your shipment.
Carriers' tariffs, by this reference,
are made a part of the contract of
carriage (bill of lading) between you
and the carrier and may be inspected at
carrier's facility, or, on request,
carrier will furnish a copy of any
tariff provision containing carrier's
rates, rules or charges governing your
shipment, the terms of which cannot be
varied.
Incorporated tariff provisions include
but are not limited to those: (1.)
establishing limitation of carrier's
liability, the principal features of
which are described in the valuation
declaration section of the bill of
lading; (2.) setting the time periods
for filing claims, the principal
features of which are described in
Section 6 of the bill of lading; and,
(3.) reserving the carrier's right to
assess additional charges for additional
services performed and, on non-binding
estimates, to base charges upon the
exact weight of the goods transported.
INTRODUCTION
The Federal Highway Administration (FHWA)
regulations protect consumers on
interstate moves and define the rights
and responsibilities of consumers and
household goods carriers (movers).
The mover gives you this pamphlet to
provide information about your rights
and responsibilities as a shipper of
household goods. You should talk to your
mover if you have further questions. The
mover will also furnish you with a
pamphlet describing its procedures for
handling your questions and complaints.
The pamphlet will include a number you
can call to obtain additional
information about your move.
ESTIMATES
Although movers are not required to give
estimates, most movers do provide
estimates when requested. There are two
types of estimates, binding and
non-binding.
BINDING ESTIMATES OF TOTAL COST
The mover may charge you for providing a
binding estimate which must clearly
describe the shipment and all services
provided.
When you receive a binding estimate, you
cannot be required to pay any more than
that amount. However, if you have
requested the mover to provide more
services than those included in the
estimate, such as destination charges
(i.e., long carry charges, shuttle
charges, extra stair carry charges, or
elevator charges) often not known at
origin, the mover may demand full
payment for those added services at time
of delivery.
To be effective, a binding estimate must
be in writing and a copy must be made
available to you before your move.
If you agree to a binding estimate, you
are responsible for paying the charges
due by cash, certified check, traveler's
check, or bank check (one drawn by a
bank on itself and signed by an officer
of the bank) at time of delivery unless
the mover agrees before you move to
extend credit or to accept payment by
charge card. If you are unable to pay at
the time the shipment is delivered, the
mover may place your shipment in storage
at your expense until the charges are
paid.
NON-BINDING ESTIMATES OF APPROXIMATE
COST
The mover is not permitted to charge for
giving a non-binding estimate.
A non-binding estimate is not a bid or
contract. It is provided by the mover to
give you a general idea of the cost of
the move, but it does not bind the mover
to the estimated cost. Furthermore, it
is not a guarantee that the final cost
will not be more than the estimate. The
actual cost will be in accordance with
the mover's published tariffs. All
movers are legally obligated to collect
no more and no less than the charges
shown in their tariffs regardless of
prior rate quotations contained in
non-binding estimates. The charges
contained in the tariffs are essentially
the same for the same weight shipment
moving the same distance. If you obtain
differing (non-binding) estimates from
different movers, you will be obligated
to pay only the amount specified in the
tariff. Therefore, a non-binding
estimate may have no effect on the
amount you will have to pay.
Non-binding estimates must be in writing
and clearly describe the shipment and
all services provided. Any time a mover
provides such an estimate the amount of
the charges estimated must be on the
order for service and bill of lading
relating to your shipment. If you are
given a non-binding estimate, do not
sign or accept the order for service or
bill of lading unless the amount
estimated is entered on each form when
prepared by the mover.
If you are given a non-binding estimate,
the mover cannot require you to pay more
than the amount of the original
estimate, plus 10 percent, at time of
delivery. You will then have at least 30
days after delivery to pay any remaining
charges.
IF YOU REQUEST THE MOVER TO PROVIDE MORE
SERVICES THAN THOSE INCLUDED IN THE
ESTIMATE, THE MOVER MAY DEMAND FULL
PAYMENT FOR THOSE ADDED SERVICES AT TIME
OF DELIVERY.
SPACE RESERVATIONS, EXPEDITED SERVICE,
EXCLUSIVE USE OF A VEHICLE AND
GUARANTEED PICKUP AND DELIVERY
It is customary for movers to offer
price and service options. The total
cost of your move may be increased if
you want additional or special services.
Before you agree to have your shipment
moved under a bill of lading providing
special service, you should have a clear
understanding with the mover what the
additional cost will be. You should
always consider that you may find other
movers who can provide the service you
require without requiring that you pay
the additional charges.
One service option is a SPACE
RESERVATION. If you agree to have your
shipment transported under a space
reservation agreement, you are required
to pay for a minimum number of cubic
feet of space in the moving van
regardless of how much space in the van
is actually occupied by your shipment.
A second service option is EXPEDITED
SERVICE to aid shippers who must have
their shipments transported on or
between specific dates which the mover
could not ordinarily agree to do in its
normal operations.
Another customary service option is
EXCLUSIVE USE OF A VEHICLE. If for any
reason you desire or require that your
shipment be moved by itself on the
mover's truck or trailer, most movers
will provide such service.
Still another service option is
GUARANTEED SERVICE ON OR BETWEEN AGREED
DATES. You enter into an agreement with
the mover that provides for your
shipment to be picked up, transported to
destination and delivered on specific
guaranteed dates. If the mover fails to
provide the service as agreed, you are
entitled to be compensated at a
predetermined amount or a daily rate
(per diem) regardless of the expense you
actually might have incurred as a result
of the mover's failure to perform.
Before requesting or agreeing to any of
these price and service options, be sure
to ask the mover's representatives about
the final costs you will be required to
pay.
TRANSPORT OF SHIPMENTS ON TWO OR MORE
VEHICLES
Although all movers try to move each
shipment on one truck it becomes
necessary at times to divide a shipment
among two or more trucks. This may occur
if the mover has underestimated the
cubic feet of space required for your
shipment, with the consequence that it
will not all fit on the first truck. The
remainder or "leave behind" will be
picked up by a second truck at a later
time and may arrive at the destination
at a later time than the first truck.
When this occurs, your transportation
charges will be determined as if the
entire shipment moved on one truck.
If it is important for you to avoid the
inconvenience of a "leave behind," be
sure that your estimate includes an
accurate calculation of the cubic feet
required for your shipment. Ask your
estimator to use a "Table of
Measurements" form in making this
calculation. Consider asking for a
binding estimate, which is more likely
to be conservative with regard to cubic
feet than non-binding estimates. If the
mover offers the service, consider
making a space reservation for the
necessary amount of space plus some
margin of error. In any case, it is
prudent to "prioritize" your goods in
advance of the move so that the more
essential items will be loaded on the
first truck if some are left behind.
ORDER FOR SERVICE
Moving companies are required to prepare
an order for service on every shipment
transported for an individual shipper.
You are entitled to a copy of the order
for service when it is prepared.
The order for service is not a contract.
Should your move be canceled or delayed
or if you decide not to use the mover,
you should promptly cancel the order.
Should there be any change in the dates
on which you and the mover agreed that
your shipment will be picked up and
delivered, or any change in the
non-binding estimate, the mover may
prepare a written change to the order
for service. The written change should
be attached to the order for service.
You and the mover must sign the order
for service.
BILL OF LADING
The bill of lading is the contract
between you and the mover. The mover is
required by law to prepare a bill of
lading for every shipment it transports.
The information on the bill of lading is
required to be the same information
shown on the order for service. The
driver who loads your shipment must give
you a copy of the bill of lading before
loading your furniture.
IT
IS YOUR RESPONSIBILITY TO READ THE BILL
OF LADING BEFORE YOU ACCEPT IT.
The bill of lading requires the mover to
provide the service you have requested,
and you must pay the charges for the
service.
THE
BILL OF LADING IS AN IMPORTANT DOCUMENT.
DO NOT LOSE OR MISPLACE YOUR COPY.
Have it available until your shipment is
delivered, all charges are paid and all
claims, if any, are settled.
INVENTORY
At the time the mover's driver loads
your shipment, he or she, although not
required to do so, usually inventories
your shipment listing any damage or
unusual wear. The purpose is to make a
record of the condition of each item. If
the driver does not make an inventory,
you should make one yourself.
After completing the inventory, the
driver will usually sign each page and
ask you to sign each page. It is
important before signing that you make
sure that the inventory lists every item
in your shipment and that the entries
regarding the condition of each item are
correct. You have the right to note any
disagreement. When your shipment is
delivered, if an item is missing or
damaged, your ability to recover from
the mover for any loss or damage may
depend on the notations made.
The driver will give you a copy of each
page of the inventory. Attach the
complete inventory to your copy of the
bill of lading. It is your receipt for
the goods.
At the time your shipment is delivered,
it is your responsibility to check the
items delivered against the items listed
on your inventory. If new damage is
discovered, make a record of it on the
inventory form. Call the damage to the
attention of the driver and request that
a record of the damage be made on the
driver's copy of the inventory.
After the complete shipment is unloaded,
the driver will request that you sign
the driver's copy of the inventory to
show that you received the items listed.
Do not sign until you have assured
yourself that it is accurate and that
proper notations have been entered
regarding any missing or damaged items.
When you sign the inventory, you are
giving the driver a receipt for your
goods.
SHIPMENTS SUBJECT TO MINIMUM WEIGHT OR
VOLUME CHARGES
Movers usually have a minimum weight or
volume charge for transporting a
shipment. Usually the minimum is the
charge for transporting a shipment of at
least 1,000 pounds (454 kilograms).
If your shipment appears to weigh less
than the mover's minimum weight, the
mover is required to advise you on the
order for service of the minimum cost
before agreeing to transport the
shipment. Should the mover fail to
advise you of the minimum charges and
your shipment is less than the minimum
weight, the final charges must be based
on the actual weight instead of the
minimum weight.
DETERMINING THE WEIGHT OF YOUR SHIPMENT
If charges are to be based upon the
weight of the shipment, the mover is
required to weigh the shipment. Unless
your shipment weighs less than 1,000
pounds (454 kilograms) and can be
weighed on a warehouse platform scale,
the mover is required to determine the
weight of your shipment by one of the
following processes.
ORIGIN WEIGHING - If your
shipment is weighed in the city or area
from which you are moving, the driver is
required to weigh the truck on which the
shipment is to be transported before
coming to your residence. This is called
the tare weight. At the time of this
first weighing the truck may already be
partially loaded with one or more other
shipments. This will not affect the
weight of your shipment. The truck
should also contain the pads, dollies,
hand-trucks, ramps, and other equipment
normally used in the transportation of
household goods shipments.
After loading, the truck will be weighed
again to obtain the loaded weight,
called the gross weight. The net weight
of your shipment is then obtained by
subtracting the tare weight from the
gross weight.
DESTINATION WEIGHING - The
mover is also permitted to determine the
weight of your shipment at the
destination at the time of unloading.
The fact that a shipment is weighed at
the destination instead of at the origin
will not affect the accuracy of the
weight of your shipment. THE MOST
IMPORTANT DIFFERENCE IS THAT THE MOVER
WILL NOT BE ABLE TO DETERMINE THE EXACT
CHARGES ON YOUR SHIPMENT BEFORE IT IS
UNLOADED.
Destination weighing is done in reverse
of origin weighing. After arriving in
the city or area to which you are
moving, the driver will weigh the truck,
with your shipment loaded on it, to
obtain the gross weight before coming to
your new residence to unload. After
unloading your shipment, the driver will
again weigh the truck to obtain the tare
weight. The net weight of your shipment
will then be obtained by subtracting the
tare weight from the gross weight.
Each time a weighing is performed the
driver is required to obtain a weight
ticket showing the date and place of
weighing and the weight obtained. The
ticket must also have your name and
shipment number entered on it, along
with the identification (I.D.) numbers
of the truck. The ticket must be signed
by the person who performed the
weighing. If both the empty (tare) and
loaded (gross) weighings are performed
on the same scale, the record of both
weighings may be entered on one weight
ticket.
At the time the mover gives you the
freight bill to collect the charges, a
copy of every weight ticket relating to
your shipment must accompany your copy
of the freight bill.
You have the right to observe every
weighing. The mover is required to
inform you of the specific location of
each scale that will be used and to
allow you a reasonable opportunity to be
present. If you desire to observe either
or both of the weighings, you should
tell the mover at the time the order for
service is prepared or, in any event,
before the date of your move. This will
enable the mover to contact you before
the weighing to advise you of the
location of the scale.
REWEIGHING OF SHIPMENTS
If your shipment is weighed at origin
and you agree with the mover that you
will pay the charges at time of
delivery, the mover is required to give
you written notice of the weight and
charges on your shipment before
commencing to unload at your destination
residence. If you believe that the
weight is not accurate, you have the
right to request that the shipment be
reweighed before unloading.
The mover is not permitted to charge for
the reweighing. If the weight of your
shipment at the time of the reweigh is
different from the weight determined at
origin, the mover must recompute the
charges based on the reweigh weight.
Before requesting a reweigh, you may
find it to your advantage to estimate
the weight of your shipment using the
following method:
Count the number of items in your
shipment. Usually there will be either
30 or 40 items listed on each page of
the inventory. For example, if there are
30 items per page and your inventory
consists of four complete pages and a
fifth page with 15 items listed, the
total number of items will be 135. If an
automobile is listed on the inventory do
not include that item in the count of
the total items.
Subtract the weight of any automobile
included in your shipment from the total
weight of the shipment. If the
automobile was not weighed separately,
its weight can be found on its title or
license receipt.
Divide the number of items in your
shipment into the weight. If the average
weight resulting from this exercise
ranges between 35 and 45 pounds (16 and
20 kilograms) per article, it is
unlikely that a reweigh will prove
beneficial to you and could result in
your paying higher charges.
Experience has shown that the average
shipment of household goods will weigh
about 40 pounds (18 kilograms) per item.
If a shipment contains a large number of
heavy items, such as cartons of books,
boxes of tools or heavier than average
furniture, the average weight per item
may be 45 pounds (20 kilograms) or more.
PICKING UP AND DELIVERING SHIPMENTS ON
THE AGREED DATES
You and your mover must reach agreement
as to when your shipment is to be picked
up and delivered. It is your
responsibility to determine on what
date, or between what dates, you need to
have the shipment picked up and on what
date or between what dates, you require
delivery. It is the mover's
responsibility to tell you if the
service can be provided on or between
those dates or, if not, on what other
dates the service can be provided.
In the process of reaching an agreement
with a mover, it may be necessary for
you to alter your moving and travel
plans if no mover can provide service on
the specific dates you desire. Do not
agree to have your shipment picked up or
delivered as soon as possible. The dates
or periods of time you and the mover
agree on should be definite.
Once an agreement is reached, the mover
is required to enter those dates on the
order for service and the bill of
lading.
Once your goods are loaded, the mover is
contractually bound to provide the
service described in the bill of lading.
The only defense for not providing the
service on the dates called for is the
"defense of force majeure." This is a
legal term which means that if
circumstances which could not have been
foreseen and which are beyond the
control of the mover prevent the
performance of the service as agreed to
in the bill of lading, the mover is not
responsible for damages resulting from
the nonperformance.
If, after an order for service is
prepared, the mover is unable to make
pickup or delivery on the agreed dates,
the mover is required to notify you by
telephone, telegram or in person. The
mover must at that time tell you when
your shipment can be picked up or
delivered. If for any reason you are
unable or unwilling to accept pickup or
delivery on the dates named by the
mover, you should attempt to reach
agreement on an alternate date.
The establishment of a delayed pickup or
delivery date does not relieve the mover
from liability for damages resulting
from the failure to provide service as
agreed. However, when you are notified
of alternate delivery dates it is your
responsibility to be available to accept
delivery on the dates specified. If you
are not available and willing to accept
delivery, the mover has the right to
place your shipment in storage at your
expense or hold the shipment on its
truck and assess additional charges.
If after the pickup of your shipment,
you request the mover to change the
delivery date, most movers will agree to
do so providing your request will not
result in unreasonable delay to their
equipment or interfere with another
customer's move. However, the mover is
not required to consent to amended
delivery dates and has the right to
place your shipment in storage at your
expense if you are unwilling or unable
to accept delivery on the date agreed to
in the bill of lading.
If the mover fails to pick up and
deliver your shipment on the dates
entered on the bill of lading and you
have expenses you otherwise would not
have had, you may be able to recover
those expenses from the mover. This is
what is called an inconvenience or delay
claim. Should a mover refuse to honor
such a claim and you continue to believe
that you are entitled to be paid
damages, you may sue the mover. The FHWA
has no authority to order the mover to
pay such claims.
While it is hoped that your shipment
will not be delayed, you should consider
this possibility and find out before you
agree for a mover to transport your
shipment what payment you can expect if
the service is delayed through the fault
of the mover.
NOTIFICATION OF CHARGES
You must advise the mover at the time
you make the arrangements for the move
if you wish to be notified of the weight
and charges. You are required to give
the mover a telephone number or address
at which the notification will be
received.
The mover must notify you of the charges
at least one 24-hour weekday prior to
the delivery, unless the shipment is to
be delivered the day after pickup. The
24-hour requirement does not apply when
you obtain an estimate of the costs
prior to the move or when the shipment
is to be weighed at the destination.
RECEIPT FOR DELIVERY OF THE SHIPMENT
At the time of delivery, the mover
expects you to sign a receipt for your
shipment. This is usually accomplished
by having you sign each page of the
mover's copy of the inventory.
Movers are prohibited from having you
sign a receipt which relieves the mover
from all liability for loss or damage to
the shipment. Do not sign any receipt
which does not provide that you are
signing for your shipment in apparent
good condition except as noted on the
shipping documents.
THE MOVER'S LIABILITY FOR LOSS AND
DAMAGE
All moving companies are required to
assume liability for the value of the
goods which they transport. However,
there are different levels of liability,
and consumers should be aware of the
amount of protection provided and the
charges for each option.
Basically, most movers offer four
different levels of liability under the
terms of their tariffs and pursuant to
the Surface Transportation Board's
Released Rates Orders which govern the
moving industry.
OPTION 1: RELEASED VALUE
This is the most economical protection
option available. This no
additional-cost option provides minimal
protection. Under this option, the mover
assumes liability for no more than 60
cents per pound ($1.32 per kilogram),
per article. Loss or damage claims are
settled based on the pound weight of the
article multiplied by 60 cents (or the
kilogram weight multiplied by $1.32).
For example, if a 10-pound (4.54
kilogram) stereo component, valued at
$1,000 were lost or destroyed, the mover
would be liable for no more than $6.00.
Obviously, the shipper should think
carefully before agreeing to such an
arrangement. There is no extra charge
for this minimal protection, but you
must sign a specific statement on the
bill of lading agreeing to it.
OPTION 2: DECLARED VALUE
Under this option, the valuation of your
shipment is based on the total weight of
the shipment times $1.25 per pound
($2.75 per kilogram). For example, a
4,000-pound shipment (1814.4 kilogram)
would have a maximum liability value of
$5,000.00. Any loss or damage claim
under this option is settled based on
the depreciated value of the lost or
damaged item(s) up to the maximum
liability value based on the weight of
the entire shipment. Under this option,
if you shipped a 10-pound (4.54
kilogram) stereo component that
originally cost $1,000, the mover would
be liable for up to $1,000, based on the
depreciated value of the item.
Unless you specifically agree to other
arrangements, the mover is required to
assume liability for the entire shipment
based on this option. Also, the mover is
entitled to charge you $7.00 for each
$1,000 (or fraction thereof) of
liability assumed for shipments
transported under this option. In the
example above, the valuation charge for
a shipment valued at $5,000 would be
$35.00. Under this option, your shipment
is protected based on its depreciated
value, and the mover is entitled to
charge you a fee for this extra
protection.
OPTION 3: LUMP SUM VALUE
Under this option, which is similar to
Option 2, if the value of your shipment
exceeds $1.25 per pound ($2.75 per
kilogram) times the weight of the
shipment, you may obtain additional
liability protection from the mover. You
do this by declaring a specific dollar
value for your shipment. The amount you
declare must exceed $1.25 per pound
($2.75 per kilogram) times the weight of
the shipment. The amount of value that
you declare is subject to the same
valuation charge ($7.00 per $1,000) as
described in OPTION 2. For example, if
you declare that your 4,000-pound
(1814.4 kilogram) shipment is worth
$10,000 (instead of the $5,000 under
OPTION 2), the mover will charge you
$7.00 for each $1,000 of declared value,
or $70.00, for this increased level of
liability. If you ship articles that are
unusually expensive, you may wish to
declare this extra value. You must make
this declaration in writing on the bill
of lading.
OPTION 4: FULL VALUE PROTECTION
Many movers offer a fourth level of
added-value protection, often referred
to as "full value protection" or "full
replacement value." If you elect to
purchase full value protection, articles
that are lost, damaged or destroyed will
be either repaired, replaced with like
items, or a cash settlement will be made
for the current market replacement value
regardless of the age of the lost or
damaged item. Unlike the other options,
depreciation of the lost or damaged item
is not a factor in determining
replacement value when the shipment is
moved under full value protection.
The cost for full value protection is
approximately $8.50 per $1,000 of
declared value; however, the minimum
value declared must be equal to the
weight of the shipment multiplied by
$3.50 per pound ($7.70 per kilogram),
which is further subject to a minimum
declaration of $21,000.
For example, if your shipment weighs
5,000 pounds (2,268 kilograms), the
minimum declared value must be at least
$21,000. The exact cost for full value
protection may vary by mover and may be
further subject to various deductible
levels of liability which may reduce
your cost. Ask your mover for the
details of its specific plan.
Under these four options, movers are
permitted to limit their liability for
loss or damage to articles of
extraordinary value, unless you
specifically list these articles on the
shipping documents. An article of
extraordinary value is any item whose
value exceeds $100 per pound ($220 per
kilogram). Ask your mover for a complete
explanation of this limitation before
you move. It is your responsibility to
study this provision carefully and to
make the necessary declaration.
These optional levels of liability are
not insurance agreements which are
governed by State insurance laws, but
instead are authorized under Released
Rates Orders of the Surface
Transportation Board of the U.S.
Department of Transportation. In
addition to these options, some carriers
may also offer to sell, or procure for
you, separate liability insurance from a
third-party insurance company when you
release your shipment for transportation
at the minimum released valuation of 60
cents per pound ($1.32 per kilogram) per
article (Option 1). This is not
valuation coverage governed by Federal
law, but optional insurance that is
regulated under State law. If you
purchase this separate coverage, in the
event of loss or damage which is the
responsibility of the mover, the mover
is liable only for an amount not
exceeding 60 cents per pound ($1.32 per
kilogram) per article, and the balance
of the loss is recoverable from the
insurance company up to the amount of
insurance purchased. The mover's
representative can advise you of the
availability of such liability insurance
and the cost.
If you purchase liability insurance from
or through your mover, the mover is
required to issue a policy or other
written record of the purchase and to
provide you with a copy of the policy or
other document at the time of purchase.
If the mover fails to comply with this
requirement, the mover becomes fully
liable for any claim for loss or damage
attributed to its negligence.
COMPLAINTS AND INQUIRIES ABOUT THE
MOVER'S SERVICE
All movers are expected to respond
promptly to complaints or inquiries from
their customers. Should you have a
complaint or question about your move,
you should first attempt to obtain a
satisfactory response from the mover's
local agent, the sales representative
who handled the arrangements for your
move, or the driver assigned to your
shipment.
If for any reason you are unable to
obtain a satisfactory response from one
of these persons, you should then
contact the mover's principal office.
When you make such a call, be sure to
have available your copies of all the
documents relating to the move.
Particularly important is the number
assigned to your shipment by the mover.
Interstate movers are also required to
offer neutral arbitration as a means of
resolving consumer disputes involving
loss or damage on collect on delivery
(COD) shipments. Your mover is required
to provide you with information
regarding its arbitration program.
All interstate moving companies are
required to maintain a complaint and
inquiry procedure to assist their
customers. At the time you make the
arrangements for your move, you should
ask the mover's representative for a
description of the mover's procedure,
the telephone number to be used to
contact the carrier and whether the
mover will pay for such telephone calls.
PAYMENTS
PAYMENT OF THE TRANSPORTATION CHARGES
At the time for payment of
transportation charges, the mover is
required to give you a freight bill
identifying the service provided and the
charge for each service. It is customary
for most movers to use a copy of the
bill of lading as a freight bill;
however, some movers use an entirely
separate document for this purpose.
Except in those instances where a
shipment is moving on a binding
estimate, the freight bill must
specifically identify each service
performed, the rate per unit for each
service, and the total charges for each
service. Do not accept or pay a freight
bill which does not contain this
information.
If your shipment was transported on a
collect on delivery (COD) basis, you
will be expected to pay the total
charges appearing on the freight bill at
the time of delivery unless the mover
provided a non-binding estimate of
approximate cost and the total charges
for the services included in the
estimate exceed 110 percent of the
estimated charges.
It is customary for movers to provide in
their tariffs that freight charges must
be paid in cash, by certified check,
traveler's check, or bank check (one
drawn by a bank on itself and signed by
an officer of the bank). When this
requirement exists, the mover will not
accept personal checks. At the time you
make arrangements for your move, you
should ask the mover about the form of
payment that is acceptable.
Some movers permit payment of freight
charges by use of a charge card.
However, do not assume that because you
have a nationally recognized charge or
credit card that it will be acceptable
for payment. Ask the mover at the time
the arrangements are made.
If you do not pay the transportation
charges at the time of delivery the
mover has the right under the bill of
lading to refuse to deliver your goods.
The mover may place them in storage at
your expense until the charges are paid.
If, before payment of the transportation
charges, you discover an error in the
charges, you should attempt to correct
the error with the driver, the mover's
local agent, or by contacting the
mover's main office. If an error is
discovered after payment, you should
write the mover (the address will be on
the freight bill) explaining the error
and request a refund.
Movers customarily check all shipment
files and freight bills after a move has
been completed to make sure the charges
were accurate. If an overcharge is
found, you will be notified and a refund
made. If an undercharge occurred, you
will be billed for the additional
charges due.
PAYMENT OF THE TRANSPORTATION CHARGES ON
SHIPMENTS TRANSPORTED ON TWO MORE
VEHICLES
Although all movers try to move each
shipment on one truck it becomes
necessary at times to divide a shipment
among two or more trucks. This
frequently occurs when an automobile is
included in the shipment and it is
transported on a vehicle specially
designed to transport automobiles. When
this occurs your transportation charges
are the same as if the entire shipment
moved on one truck.
If your shipment is divided for
transportation on two or more trucks,
the mover can require payment for each
portion as it is delivered.
Movers are also permitted, but not
required, to delay the collection of all
the charges until the entire shipment is
delivered. At the time you make the
arrangements for your move, you should
ask the mover about its policies in this
respect.
PAYMENT OF TRANSPORTATION CHARGES ON
SHIPMENTS LOST OR DESTROYED IN TRANSIT
Movers customarily make every effort to
assure that while your shipment is in
their possession for transportation, no
items are lost, damaged or destroyed.
However, despite the precautions taken,
articles are sometimes lost or destroyed
during the move.
In addition to any money you may recover
from the mover to compensate for lost or
destroyed articles, you are also
entitled to recover the transportation
charges represented by the portion of
the shipment lost or destroyed.
On shipments with partial loss or
destruction of goods, the transportation
charges must be paid. The mover will
then return proportional freight charges
at the time loss and damage claims are
processed. Should your entire shipment
be lost or destroyed while in the
mover's possession, the mover cannot
require you to pay any of the charges
except the amount you have paid or
agreed to pay for added liability
protection. The fact that you do not pay
any transportation charges does not
affect any right you may have to recover
reimbursement for the lost or destroyed
articles providing you pay the charges
for added liability protection.
FILING OF CLAIMS FOR LOSS AND DAMAGE OR
DELAY AND DISPUTE RESOLUTION PROGRAMS
Should your move result in loss or
damage to any of your property, you have
the right to file a claim with the mover
to recover money for such loss or
damage.
You have nine months following either
the date of delivery, or the date on
which the shipment should have been
delivered, to file a claim. However, you
should file a claim as soon as possible.
If you fail to file a claim within 120
days following delivery and later bring
a legal action against the mover to
recover the damages, you may not be able
to recover your attorney fees even
though you win the court action.
While the Federal Government maintains
regulations governing the processing of
loss and damage claims, it cannot
resolve those claims. If you cannot
settle a claim with the mover, you may
file a civil action to recover in court.
In this connection, you may obtain the
name and address of the mover's agent
for service of legal process in your
State by contacting the FHWA.
In addition, interstate movers are
required to participate in a Dispute
Resolution Program which provides that
certain types of unresolved loss or
damage claims must be submitted to a
neutral arbitrator for resolution. You
may find submitting your claim to
arbitration under such a program to be a
less expensive and more convenient way
to seek recovery of your claim. Movers
are required to advise all COD shippers
of the existence and details of the
arbitration program before they accept a
shipment to be transported. If the mover
does not provide you with information
about a dispute resolution program
before you move, ask the mover for the
details of the program.
CONCLUSION
Should you have any questions about your
move which are not answered in this
pamphlet, do not hesitate to ask the
mover's representative who handled the
arrangements for your move, the driver
who transports your shipment, or the
mover's main office for additional
information.
For further advice or assistance,
contact the Federal Highway
Administration:
LICENSING & INSURANCE DIVISION (HIA-30)
OFFICE OF MOTOR CARRIER AND HIGHWAY
SAFETY INFORMATION ANALYSIS
FEDERAL HIGHWAY ADMINISTRATION
400 VIRGINIA AVENUE, SW
WASHINGTON, DC 20024
(202) 358-7027
GLOSSARY OF MOVING TERMINOLOGY
ACCESSORIAL (ADDITIONAL) SERVICES
- services such as packing, appliance
servicing, unpacking, or piano stair
carries that you request to be performed
(or are necessary because of landlord
requirements or other special
circumstances). Charges for these
services are in addition to the
transportation charges.
ADVANCED CHARGES - charges
for services not performed by the mover
but instead by a professional, craftsman
or other third party at your request.
The charges for these services are paid
for by the mover and added to your bill
of lading charges.
AGENT - a local moving
company authorized to act on behalf of a
larger, national company.
APPLIANCE SERVICE -
preparation of major electrical
appliances to make them safe for
shipment.
BILL OF LADING - the receipt
for your goods and the contract for
their transportation. It is your
responsibility to understand the bill of
lading before you sign it. If you do not
agree with something on the bill of
lading, do not sign it until you are
satisfied that it is correct. The bill
of lading is an important document.
Don't lose or misplace your copy.
BINDING/NON-BINDING ESTIMATE
- a binding estimate is an agreement
made in advance with the mover that
guarantees the total cost of the move
based on the quantities and services
shown on the estimate. A non-binding
estimate is the carrier's approximation
of the cost based on the estimated
weight of the shipment and the
accessorial services requested. A
non-binding estimate is not binding on
the carrier and the final charges will
be based on the actual weight and tariff
provisions in effect.
CARRIER - the mover providing
transportation of your household goods.
C.O.D. - transportation for
an individual shipper for which payment
is required at the time of delivery at
the destination residence (or
warehouse).
EXPEDITED SERVICE - an
agreement with the mover to perform
transportation by a set date in exchange
for charges based on a higher minimum
weight.
FLIGHT CHARGE - an extra
charge for carrying items up or down
flights of stairs.
GUARANTEED PICKUP AND DELIVERY SERVICE
- an additional level of service whereby
dates of service are guaranteed, with
the mover proving reimbursement for
delays. This premium service is often
subject to minimum weight requirements.
HIGH VALUE ARTICLE - items
included in a shipment that are valued
at more than $100 per pound.
INVENTORY
- the detailed descriptive list of your
household goods showing the number and
condition of each item.
LINEHAUL CHARGES - charges
for the vehicle transportation portion
of your move. These charges apply in
addition to the additional service
charges.
LONG CARRY - an added charge
for carrying articles excessive
distances between the mover's vehicle
and your residence.
ORDER FOR SERVICE - the
document authorizing the mover to
transport your household goods.
ORDER (BILL OF LADING) NUMBER
- the number used to identify and
track your shipment.
PEAK SEASON RATES - higher
linehaul charges that are applicable
during the summer months.
PICKUP AND DELIVERY CHARGES -
separate transportation charges
applicable for transporting your
shipment between the SIT warehouse and
your residence.
SHUTTLE SERVICE - use of a
smaller vehicle to provide service to
residences that are not accessible to
the mover's normal, larger linehaul
equipment.
STORAGE-IN-TRANSIT (SIT) -
temporary warehouse storage of you
shipment pending further transportation,
for example, if your new home isn't
quite ready to occupy. You must
specifically request SIT service, which
may not exceed a total of 90 days of
storage, and you will be responsible for
the added charges for SIT service, as
well as the warehouse handling and final
delivery charges.
TARIFF - the mover's
required, published price list of rules,
regulations, rates and charges for the
performance of interstate moving
services.
VALUATION - the degree of
"worth" of the shipment. The valuation
charge compensates the mover for
assuming a greater degree of liability
than that provided for in the base
transportation charges.
WAREHOUSE HANDLING - an
additional charge applicable each time
SIT service is provided. This charge
compensates the mover for the physical
placement and removal of items within
the warehouse.
POINTS TO REMEMBER
Movers may give binding estimates.
Non-binding estimates may not be
accurate; actual charges may often
exceed the estimate.
Specify pickup and delivery dates in the
order for service.
The Bill of Lading is your contract with
the mover...
READ
IT CAREFULLY... If you have
any questions ask your mover.
Be sure
that you understand the extent of your
mover's liability for loss and damage.
You have the right to be present each
time your shipment is weighed.
You may request a reweigh of your
shipment.
If you have moved on a non-binding
estimate, you should have enough cash or
a certified check to pay the estimated
cost of your move plus 10 percent more
at time of delivery.
Unresolved claims for loss or damage may
be submitted to arbitration; ask your
mover for details. |