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Moving Rights
Your Rights and Responsibilities when you
move
Prepared by the Federal Motor Carrier Safety
Association (FMCSA).
Furnished by your mover.
--------------------------------------------------------------------------------
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 Motor Carrier safety Administration (FMCSA) 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) weighing are
performed on the same scale, the record of both weighing 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 weighing, 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 majored." 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 FMCSA 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 FMCSA.
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 Motor Carrier
Safety Administration:
Federal Motor Carrier Safety Administration
Office of Public and Consumer Affairs (MC-PA)
400 7th Street, S.W.
Washington, D.C. 20590
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.
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