Your 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.
