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Prepared
by The Federal Highway Administration (FHWA)
Furnished
by YOUR MOVER
OCE-100
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.
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