Moving Rights
Your Rights and
Responsibilities when you move
Prepared by the Federal Motor
Carrier Safety Association (FMCSA).
Furnished by your mover.
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Tariff inspection and Incorporation notice
Federal law requires that movers advise shippers
that they may inspect the tariffs that govern
your shipment. Carriers' tariffs, by this
reference, are made a part of the contract of
carriage (bill of lading) between you and the
carrier and may be inspected at carrier's
facility, or, on request, carrier will furnish a
copy of any tariff provision containing
carrier's rates, rules or charges governing your
shipment, the terms of which cannot be varied.
Incorporated tariff provisions include but are
not limited to those: (1.) establishing
limitation of carrier's liability, the principal
features of which are described in the valuation
declaration section of the bill of lading; (2.)
setting the time periods for filing claims, the
principal features of which are described in
Section 6 of the bill of lading; and, (3.)
reserving the carrier's right to assess
additional charges for additional services
performed and, on non-binding estimates, to base
charges upon the exact weight of the goods
transported.
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.