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