Click
on the question below to view the answer.
What
is my mover's normal liability for loss or damage
when my mover accepts goods from me?
What
actions by me limit or reduce my mover's normal
liability?
What
are dangerous or hazardous materials that may limit
or reduce my mover's normal liability?
May
my mover have agents?
What
items must be in my mover's advertisements?
How
must my mover handle complaints and inquiries?
Do
I have the right to inspect my mover's tariffs (schedules
of rates or charges) applicable to my move?
Must
my mover have an arbitration program?
Must
my mover inform me about my rights and responsibilities
under Federal law?
What
other information must my mover provide to me?
How
must my mover collect charges?
May
my mover collect charges upon delivery?
May
my mover extend credit to me?
May
my mover accept charge or credit cards for my payments?
What
is my mover's normal liability for loss or damage
when my mover accepts goods from me?
In
general, your mover is legally liable for loss or
damage that occurs during performance of any transportation
of household goods and of all related services identified
on your mover's lawful bill of lading.
Your
mover is liable for loss of, or damage to, any household
goods to the extent provided in the current Surface
Transportation Board's Released Rates Order. You
may obtain a copy of the current Released Rates
Order by contacting the Surface Transportation Board
at the address provided under the definition of
the Surface Transportation Board. The rate may be
increased annually by your mover based on the U.S.
Department of Commerce's Cost of Living Adjustment.
Your mover may have additional liability if your
mover sells liability insurance to you.
All
moving companies are required to assume liability
for the value of the goods transported. However,
there are different levels of liability, and you
should be aware of the amount of protection provided
and the charges for each option.
Basically,
most movers offer two different levels of liability
under the terms of their tariffs and the Surface
Transportation Board's Released Rates Orders. These
orders govern the moving industry.
FULL-VALUE
PROTECTION (FVP). This is the most comprehensive
option available for the protection of your goods.
Unless you waive full-value protection in writing
and agree to Released Value Protection as described
below, your shipment will be transported under
your mover's FULL (REPLACEMENT) VALUE level
of liability. If any article is lost, destroyed,
or damaged while in your mover's custody, your mover
will, at its option, either: 1) repair the article
to the extent necessary to restore it to the same
condition as when it was received by your mover,
or pay you for the cost of such repairs; 2) replace
the article with an article of like kind; or 3)
pay you for the cost of a replacement article at
the current market replacement value, regardless
of the age of the lost or damaged article. Your
mover will charge you for this level of protection,
or you may select the alternative level of liability
described below.
The
cost for FVP is based on the value that you place
on your shipment; for example, the valuation charge
for a shipment valued at $25,000 would be about
$250.00. However, the exact cost for full-value
protection may vary by mover and may be further
subject to various deductible levels of liability
that may reduce your cost. Ask your mover for the
details and cost of its specific plan.
Under
the FVP level of liability, 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 (for example, jewelry,
silverware, china, furs, antiques, oriental rugs,
and computer software). Ask your mover for a complete
explanation of this limitation before your move.
It is your responsibility to study this provision
carefully and to make the necessary declaration.
Released
Value of 60 Cents Per Pound Per Article. This
is the most economical protection option available;
however, this no-cost option provides only minimal
protection. Under this option, the mover assumes
liability for no more than 60 cents per pound, per
article. Loss or damage claims are settled based
on the weight of the article multiplied by 60 cents
per pound. For example, if a 10-pound stereo component,
valued at $1000 were lost or destroyed, the mover
would be liable for no more than $6.00 (10 pounds
x 60 cents per pound). Obviously, you 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. If you do not select this
alternative level of liability, your shipment will
be transported at the Full (Replacement) Value level
of liability and you will be assessed the applicable
valuation charge.
These
two levels of liability are not insurance agreements
that are governed by State insurance laws, but instead
are contractual tariff levels of liability authorized
under Released Rates Orders of the Surface Transportation
Board of the U.S. Department of Transportation.
In
addition to these options, some movers 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 value [60 cents per pound ($1.32
per kilogram) per article]. This is not valuation
coverage governed by Federal law, but optional insurance
regulated under State law. If you purchase this
separate coverage and your mover is responsible
for loss or damage, 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.
What
actions by me limit or reduce my mover's normal
liability?
Your
actions may limit or reduce your mover's normal
liability under the following three circumstances:
- You
include perishable, dangerous, or hazardous materials
in your household goods without your mover's knowledge.
- You
choose the alternative level of liability (60
cents per pound per article) but ship household
goods valued at more than 60 cents per pound ($1.32
per kilogram) per article.
- You
fail to notify your mover in writing of articles
valued at more than $100 per pound ($220 per kilogram).
(If you do notify your mover, you will
be entitled to full recovery up to the declared
value of the article or articles, not to exceed
the declared value of the entire shipment.)
What
are dangerous or hazardous materials that may limit
or reduce my mover's normal liability?
Federal
law forbids you to ship hazardous materials in your
household goods boxes or luggage without informing
your mover. A violation can result in five years'
imprisonment and penalties of $250,000 or more (49
U.S.C. 5124). You could also lose or damage your
household goods by fire, explosion, or contamination.
If
you offer hazardous materials to your mover, you
are considered a hazardous materials shipper and
must comply with the hazardous materials requirements
in 49 CFR Parts 171, 172, and 173, including but
not limited to package labeling and marking, shipping
papers, and emergency response information. Your
mover must comply with 49 CFR Parts 171, 172, 173,
and 177 as a hazardous materials carrier.
Hazardous
materials include explosives, compressed gases,
flammable liquids and solids, oxidizers, poisons,
corrosives, and radioactive materials. Examples
include the following: nail polish remover, paints,
paint thinners, lighter fluid, gasoline, fireworks,
oxygen bottles, propane cylinders, automotive repair
and maintenance chemicals, and radio-pharmaceuticals.
There
are special exceptions for small quantities (up
to 70 ounces total) of medicinal and toilet articles
carried in your household goods and certain smoking
materials carried on your person. For further information,
contact your mover.
May
my mover have agents?
Yes,
your mover may have agents. If your mover has agents,
your mover must have written agreements with its
prime agents. Your mover and its retained prime
agent must sign their agreements. Copies of your
mover's prime agent agreements must be in your mover's
files for a period of at least 24 months following
the date of termination of each agreement.
What
items must be in my mover's advertisements?
Your
mover must publish and use only truthful, straightforward,
and honest advertisements. Your mover must include
certain information in all advertisements for all
services (including any accessorial services incidental
to or part of interstate transportation). Your mover
must require each of its agents to include the same
information in its advertisements. The information
must include the following two pieces of information
about your mover:
- Name
or trade name of the mover under whose U.S. DOT
number the advertised service will originate.
- U.S.
DOT number, assigned by FMCSA,
authorizing your mover to operate. Your mover
must display the information as: U.S. DOT No.
(assigned number).
You
should compare the name or trade name of the mover
and its U.S. DOT number to the name and U.S. DOT
number on the sides of the truck(s) that arrive
at your residence. The names and numbers should
be identical. If the names and numbers are not identical,
you should ask your mover immediately why they are
not. You should not allow the mover to load your
household goods on its truck(s) until you obtain
a satisfactory response from the mover's local agent.
The discrepancies may warn of problems you will
have later in your business dealings with this mover.
How
must my mover handle complaints and inquiries?
All
movers are expected to respond promptly to complaints
or inquiries from you, the customer. 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 documents relating to your move. Particularly
important is the number assigned to your shipment
by your mover.
Interstate
movers are also required to offer neutral arbitration
as a means of resolving consumer disputes involving
loss of or damage to your household goods shipment
and disputes regarding charges that your mover billed
in addition to those collected at delivery. Your
mover is required to provide you with information
regarding its arbitration program. You have the
right to pursue court action under 49 U.S.C. 14706
to seek judicial redress directly rather than participate
in your mover's 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 mover,
and whether the mover will pay for such telephone
calls.
Your
mover's procedure must include the following four
items:
- A
communications system allowing you to communicate
with your mover's principal place of business
by telephone.
- A
telephone number.
- A
clear and concise statement about who must pay
for complaint and inquiry telephone calls.
- A
written or electronic record system for recording
all inquiries and complaints received from you
by any means of communication.
Your
mover must give you a clear and concise written
description of its procedure. You may want to be
certain that the system is in place.
Do
I have the right to inspect my mover's tariffs (schedules
of rates or charges) applicable to my move?
Federal
law requires your mover to advise you of your right
to inspect your mover's tariffs (its schedules of
rates or charges) governing your shipment. Movers'
tariffs are made a part of the contract of carriage
(bill of lading) between you and the mover. You
may inspect the tariff at the mover's facility,
or, upon request, the mover will furnish you a free
copy of any tariff provision containing the mover's
rates, rules, or charges governing your shipment.
Tariffs
may include provisions limiting the mover's liability.
This would generally be described in a section on
declaring value on the bill of lading. A second
tariff provision may set the periods for filing
claims. This would generally be described in Section
6 on the reverse side of a bill of lading. A third
tariff provision may reserve your mover's right
to assess additional charges for additional services
performed. For non-binding estimates, another tariff
provision may base charges upon the exact weight
of the goods transported. Your mover's tariff may
contain other provisions that apply to your move.
Ask your mover what they might be, and request a
copy.
Must
my mover have an arbitration program?
Your
mover must have an arbitration program for your
use in resolving disputes concerning loss or damage
to your household goods and disputes regarding charges
that were billed to you in addition to those collected
at delivery of your shipment. You have the right
not to participate in the arbitration program. You
may pursue court action under 49 U.S.C. 14706 to
seek judicial remedies directly. Your mover must
establish and maintain an arbitration program with
the following 11 minimum elements:
- The
arbitration program offered to you must prevent
your mover from having any special advantage because
you live or work in a place distant from the mover's
principal or other place of business.
- Before
your household goods are tendered for transport,
your mover must provide notice to you of the availability
of neutral arbitration, including the following
three items:
(a)
A summary of the arbitration procedure.
(b)
Any applicable costs.
(c)
A disclosure of the legal effects of electing
to use arbitration.
- Upon
your request, your mover must provide information
and forms it considers necessary for initiating
an action to resolve a dispute under arbitration.
- Each
person authorized to arbitrate must be independent
of the parties to the dispute and capable of resolving
such disputes fairly and expeditiously. Your mover
must ensure the arbitrator is authorized and able
to obtain from you or your mover any material
or relevant information to carry out a fair and
expeditious decisionmaking process.
- You
must not be required to pay more than one-half
of the arbitration's cost. The arbitrator may
determine the percentage of payment of the costs
for each party in the arbitration decision, but
must not make you pay more than half.
- Your
mover must not require you to agree to use arbitration
before a dispute arises.
- You
and your mover will be bound by arbitration for
claims of $10,000 or less if you request arbitration.
- You
and your mover will be bound by arbitration for
claims of more than $10,000 only if you request
arbitration and your mover agrees to it.
- If
you and your mover both agree, the arbitrator
may provide for an oral presentation of a dispute
by a party or representative of a party.
- The
arbitrator must render a decision within 60 days
of receipt of written notification of the dispute,
and a decision by an arbitrator may include any
remedies appropriate under the circumstances.
- The
60-day period may be extended for a reasonable
period if you fail, or your mover fails, to provide
information in a timely manner. Your mover must
produce and distribute a concise, easy-to-read,
accurate summary of its arbitration program.
Must
my mover inform me about my rights and responsibilities
under Federal law?
Yes,
your mover must inform you about your rights and
responsibilities under Federal law. Your mover must
produce and distribute this document. It should
be in the general order and contain the text of
Appendix A to 49 CFR Part 375.
What
other information must my mover provide me?
At
the time your mover provides a written estimate,
it must provide you with a copy of the U.S. Department
of Transportation publication FMCSA-ESA-03-005 entitled
"Ready
to Move?" (or its successor publication). Before
your mover executes an order for service for a shipment
of household goods, your mover must furnish you
with the following four documents:
- The
contents of Appendix A, "Your Rights and Responsibilities
When You Move"—this booklet.
- A
concise, easy-to-read, accurate summary of your
mover's arbitration program.
- A
notice of availability of the applicable sections
of your mover's tariff for the estimate of charges,
including an explanation that you may examine
the tariff sections, or have copies sent to you
upon request.
- A
concise, easy-to-read, accurate summary of your
mover's customer complaint and inquiry handling
procedures. Included in this summary must be the
following two items:
(a) The main telephone number you may use
to communicate with your mover.
(b) A clear and concise statement concerning
who must pay for telephone calls.
Your
mover may, at its discretion, provide additional
information to you.
How
must my mover collect charges?
Your
mover must issue you an honest, truthful freight
or expense bill for each shipment transported. Your
mover's freight or expense bill must contain the
following 17 items:
- Name
of the consignor.
- Name
of the consignees.
- Date
of the shipment.
- Origin
point.
- Destination
points.
- Number
of packages.
- Description
of the freight.
- Weight
of the freight (if your shipment is moved under
a non-binding estimate)
- Exact
rate(s) assessed.
- Disclosure
of the actual rates, charges, and allowances for
the transportation service, when your mover electronically
presents or transmits freight or expense bills
to you. These rates must be in accordance with
the mover's applicable tariff.
- An
indication of whether adjustments may apply to
the bill.
- Total
charges due and acceptable methods of payment.
- The
nature and amount of any special service charges.
- The
points where special services were rendered.
- Route
of movement and name of each mover participating
in the transportation.
- Transfer
points where shipments moved.
- Address
where you must pay or address of bill issuer's
principal place of business.
Your
mover must present its freight or expense bill to
you within 15 days of the date of delivery of a
shipment at its destination. The computation of
time excludes Saturdays, Sundays, and Federal holidays.
If your mover lacks sufficient information to compute
its charges, your mover must present its freight
bill for payment within 15 days of the date when
sufficient information does become available.
May
my mover collect charges upon delivery?
Yes.
Your mover must specify the form of payment acceptable
at delivery when the mover prepares an estimate
and order for service. The mover and its agents
must honor the form of payment at delivery, except
when you mutually agree to a change in writing.
The mover must also specify the same form of payment
when it prepares your bill of lading, unless you
agree to a change. See also May
my mover accept charge or credit cards for my payments?
You
must be prepared to pay ten percent more than the
estimated amount, if your goods are moving under
a non-binding estimate. Every collect-on-delivery
shipper must have available 110 percent of the estimate
at the time of delivery. In addition, your mover
may also collect at the time of delivery the cost
of any additional services that you requested after
the contract with your mover was executed that were
not included in the estimate, and the charges for
impracticable operations needed to accomplish delivery,
as defined by the carrier's tariff. Additional charges
collected at the time of delivery for impracticable
operations may not exceed 15 percent of all other
charges due at delivery. You must pay all remaining
charges for impracticable operations within 30 days
after you receive the mover's freight bill.
May
my mover extend credit to me?
Extending
credit to you is not the same as accepting your
charge or credit card(s) as payment. Your mover
may extend credit to you in the amount of the tariff
charges. If your mover extends credit to you, your
mover becomes like a bank offering you a line of
credit, whose size and interest rate are determined
by your ability to pay its tariff charges within
the credit period. Your mover must ensure you will
pay its tariff charges within the credit period.
Your mover may relinquish possession of freight
before you pay its tariff charges, at its discretion.
The
credit period must begin on the day following presentation
of your mover's freight bill to you. Under Federal
regulation, the standard credit period is 7 days,
excluding Saturdays, Sundays, and Federal holidays.
Your mover must also extend the credit period to
a total of 30 calendar days if the freight bill
is not paid within the 7-day period. A service charge
equal to one percent of the amount of the freight
bill, subject to a $20 minimum, will be assessed
for this extension and for each additional 30-day
period the charges go unpaid.
Your
failure to pay within the credit period will require
your mover to determine whether you will comply
with the Federal household goods transportation
credit regulations in good faith in the future before
extending credit again.
May
my mover accept charge or credit cards for my payments?
Your
mover may allow you to use a charge or credit card
for payment of the freight charges. Your mover may
accept charge or credit cards whenever you ship
with it under an agreement and tariff requiring
payment by cash or cash equivalents. Cash equivalents
are a certified check, money order, or cashier's
check (a check that a financial institution—bank,
credit union, savings and loan—draws upon
itself and that is signed by an officer of the financial
institution).
If
your mover allows you to pay for a freight or expense
bill by charge or credit card, your mover deems
such a payment to be equivalent to payment by cash,
certified check, or cashier's check. It must note
in writing on the order for service and the bill
of lading whether you may pay for the transportation
and related services using a charge or credit card.
You should ask your mover at the time the estimate
is written whether it will accept charge or credit
cards at the time of delivery.
The
mover must specify what charge or credit cards it
will accept, such as American Express ™, Discover
™, MasterCard ™, or Visa ™. If
your mover agrees to accept payment by charge or
credit card, you must arrange with your mover for
the delivery only at a time when your mover can
obtain authorization for your credit card transaction.
If you cause a charge or credit card issuer to reverse
a transaction, your mover may consider your action
tantamount to forcing your mover to provide an involuntary
extension of its credit.
SERVICE
PROVIDER OPTIONS
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on the question below to view the answer.
What
service options may my mover provide?
If
my mover sells liability insurance coverage, what
must my mover do?
What
service options may my mover provide?
Your
mover may provide any service options it chooses.
It is customary for movers to offer several price
and service options.
The
total cost of your move may increase 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 your mover of what the additional
cost will be. You should always consider whether
other movers might provide the services you require
without requiring you to 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 will pay for
a minimum number of cubic feet of space in the moving
van, regardless of how much space in the van your
shipment actually occupies.
A
second option is expedited service. This
aids you if you must have your shipments transported
on or between specific dates when the mover could
not ordinarily agree to do so in its normal operations.
A
third 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.
Another
service option is guaranteed service on or between
agreed dates. You enter into an agreement with
the mover where the mover 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 might actually 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 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 your
mover has underestimated the cubic feet (meters)
of space required for your shipment and it will
not all fit on the first truck. Your mover will
pick up the remainder, or "leave behind," on a second
truck at a later time, and this part of your shipment
may arrive at the destination later than the first
truck. When this occurs, your transportation charges
will be determined as if the entire shipment had
moved on one truck.
If
it is important for you to avoid this inconvenience
of a "leave behind," be sure your estimate includes
an accurate calculation of the cubic feet (meters)
required for your shipment. Ask your estimator to
use a "Table of Measurements" form in making this
calculation. Consider asking for a binding estimate.
A binding estimate is more likely to be conservative
with regard to cubic feet (meters) than a non-binding
estimate. If the mover offers space reservation
service, consider purchasing this service for the
necessary amount of space plus some margin for error.
In
any case, you would be prudent to "prioritize" your
goods in advance of the move so the driver will
load the more essential items on the first truck
if some are left behind.
If
my mover sells liability insurance coverage, what
must my mover do?
If
your mover provides the service of selling additional
liability insurance, your mover must follow certain
regulations.
Your
mover, its employees, or its agents, may sell, offer
to sell, or procure additional liability insurance
coverage for you for loss or damage to your shipment
if you release the shipment for transportation at
a value not exceeding 60 cents per pound ($1.32
per kilogram) per article.
Your
mover may offer, sell, or procure any type of insurance
policy covering loss or damage in excess of its
specified liability.
Your
mover must issue you a policy or other appropriate
evidence of the insurance you purchased. Your mover
must provide a copy of the policy or other appropriate
evidence to you at the time your mover sells or
procures the insurance. Your mover must issue policies
written in plain English.
Your
mover must clearly specify the nature and extent
of coverage under the policy. Your mover's failure
to issue you a policy, or other appropriate evidence
of insurance you purchased, will subject your mover
to full liability for any claims to recover loss
or damage attributed to it.
Your
mover's tariff must provide for liability insurance
coverage. The tariff must also provide for the base
transportation charge, including its assumption
of full liability for the value of the shipment.
This would offer you a degree of protection in the
event your mover fails to issue you a policy or
other appropriate evidence of insurance at the time
of purchase.
ESTIMATE
CHARGES
Click
on the question below to view the answer.
Must
my mover estimate the transportation and accessorial
charges for my move?
How
must my mover estimate charges under the regulations?
What
payment arrangements must my mover have in place
to secure delivery of my household goods shipment?
Must
my mover estimate the transportation and accessorial
charges for my move?
We
require your mover to prepare a written estimate
on every shipment transported for you. You are entitled
to a copy of the written estimate when your mover
prepares it. Your mover must provide you a written
estimate of all charges, including transportation,
accessorial, and advance charges. Your mover's "rate
quote" is not an estimate. You and your mover must
sign the estimate of charges. Your mover must provide
you with a dated copy of the estimate of charges
at the time you sign the estimate.
If
the location that you are moving from is located
within a 50 mile radius of your mover's (or its
agent's) place of business, the estimate that your
mover provides to you must be based on a physical
survey of your goods. You may waive the requirement
for a physical survey if you choose, but your waiver
must be in the form of a written agreement signed
by you before your shipment is loaded.
You
should be aware that if you receive an estimate
from a household goods broker, the mover may not
be required to accept the estimate. Be sure to obtain
a written estimate from the mover if a mover tells
you orally that it will accept the broker's estimate.
Your
mover must specify the form of payment the mover
and its delivering agent will honor at delivery.
Payment forms may include, but are not limited to,
cash, certified check, money order, cashier's check,
a specific charge card such as American Express
™, a specific credit card such as Visa ™,
and your mover's own credit.
Before
loading your household goods, and upon mutual agreement
between you and your mover, your mover may amend
an estimate of charges. Your mover may not amend
the estimate after loading the shipment.
A
binding estimate is a written agreement made
in advance with your mover, indicating you and the
mover are bound by the charges. It guarantees the
total cost of the move based upon the quantities
and services shown on your mover's estimate.
A
non-binding estimate is what your mover believes
the total cost will be for the move, based upon
the estimated weight of the shipment and the accessorial
services requested. A non-binding estimate is not
binding on your mover. The estimate must indicate
that your final charges will be based upon the actual
weight of your shipment, the services provided,
and the mover's tariff provisions in effect. You
should be prepared to pay ten percent more than
the estimated amount at delivery.
You
must also be prepared to pay at delivery the cost
of any additional services that you requested after
the contract was executed that were not included
in the estimate and charges for impracticable operations.
Impracticable operations are defined in your mover's
tariff and you should ask to see the mover's tariff
to determine what services constitute impracticable
operations. Charges for impracticable operations
due at delivery may not exceed 15 percent of all
other charges due at delivery.
How
must my mover estimate charges under the regulations?
Binding
Estimates
Your
mover may charge you for providing a binding estimate.
The binding estimate must clearly describe the shipment
and all services provided.
When
you receive a binding estimate, you cannot be required
to pay any more than the estimated amount at delivery.
If you have requested the mover provide more services
than those included in the estimate, your mover
will collect the charges for those services when
your shipment is delivered. . However, charges for
impracticable operations due at delivery may not
exceed 15 percent of all other charges due at delivery.
A
binding estimate must be in writing, and a copy
must be made available to you before you move.
If
you agree to a binding estimate, you are responsible
for paying the charges due by cash, certified check,
money order, or cashier's check. The charges are
due your mover at the time of delivery unless your
mover agrees, before you move, to extend credit
or to accept payment by a specific charge card such
as American Express™ or a specific credit
card such as Visa™. 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 you pay the charges.
Other
requirements of binding estimates include the following
eight elements:
-
Your
mover must retain a copy of each binding estimate
as an attachment to the bill of lading.
-
Your
mover must clearly indicate upon each binding
estimate's face that the estimate is binding
upon you and your mover. Each binding estimate
must also clearly indicate on its face that
the charges shown are the charges to be assessed
for only those services specifically identified
in the estimate.
-
Your
mover must clearly describe binding estimate
shipments and all services to be provided.
-
If, before loading your shipment, your mover believes
you are tendering additional household goods or
are requiring additional services not identified
in the binding estimate, and you and your mover
cannot reach an agreement, your mover may refuse
to service the shipment. If your mover agrees
to service the shipment, your mover must do one
of the following three things:
a. Reaffirm the binding estimate.
b. Negotiate a revised written binding estimate
listing the additional household goods or services.
c. Add an attachment to the contract, in writing,
stating you both will consider the original
binding estimate as a non-binding estimate.
You should read more below. This may seriously
affect how much you may pay for the entire move.
- Once
your mover loads your shipment, your mover's failure
to execute a new binding estimate or to agree
with you to treat the original estimate as a non-binding
estimate signifies it has reaffirmed the original
binding estimate. Your mover may not collect more
than the amount of the original binding estimate,
except as provided in the next two paragraphs.
- If
you request additional services after the bill
of lading is executed, your mover will collect
the charges for these additional services when
your shipment is delivered.
- If
your mover must perform impracticable operations,
as defined in its tariff, to accomplish the delivery
of your shipment, your mover will collect the
charges for these services when your shipment
is delivered. However, charges for impracticable
operations collected at delivery must not exceed
15 percent of all other charges due at delivery.
Any remaining impracticable operations charges
must be paid within 30 days after you receive
the mover's freight bill.
- Failure
of your mover to relinquish possession of a shipment
upon your offer to pay the binding estimate amount
plus the cost of any additional services that
you requested after the contract was executed,
and the charges for impracticable operations,
not to exceed 15 percent of all other charges
due at delivery, constitutes failure to transport
a shipment with "reasonable dispatch" and subjects
your mover to cargo delay claims pursuant to 49
CFR part 370.
Non-binding
Estimates
Your
mover is not permitted to charge you for giving
a non-binding estimate.
A
non-binding estimate is not a bid or contract. Your
mover provides it to you to give you a general idea
of the cost of the move, but it does not bind your
mover to the estimated cost. You should expect the
final cost to be more than the estimate. The actual
cost will be calculated based on your mover's tariffs.
Federal law requires your mover to collect the charges
in accordance with itstariffs, regardless of what
your mover writes in its non-binding estimates.
That is why it is important to ask for copies of
the applicable portions of the mover's tariffs before
deciding on a mover. The charges contained in mover's
tariffs are essentially the same for the same weight
shipment moving the same distance. If you obtain
different non-binding estimates from different movers,
you must pay only the amount specified in your mover's
tariff. Therefore, a non-binding estimate may not
be the amount that you will ultimately have to pay.
You
must be prepared to pay ten percent more than the
estimated amount at the time of delivery. Every
collect-on-delivery shipper must have available
110 percent of the estimate at the time of delivery.
If you order additional services from your mover
after your goods are in transit, the mover will
collect the charges for those additional services
when your shipment is delivered. You may also have
to pay additional charges at delivery for impracticable
operations performed by your mover.
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 related to your shipment. When
you are given a non-binding estimate, do not sign
or accept the order for service or bill of lading
unless the mover enters the amount estimated on
each form it prepares.
Other
requirements of non-binding estimates include the
following ten elements:
- Your
mover must provide reasonably accurate non-binding
estimates based upon the estimated weight of the
shipment and services required.
- Your
mover must explain to you that all charges on
shipments moved under non-binding estimates will
be those appearing in your mover's tariffs applicable
to the transportation. If your mover provides
a non-binding estimate of approximate costs, your
mover is not bound by such an estimate.
- Your
mover must furnish non-binding estimates without
charge and in writing to you.
- Your
mover must retain a copy of each non-binding estimate
as an attachment to the bill of lading.
- Your
mover must clearly indicate on the face of a non-binding
estimate that the estimate is not binding upon
your mover and the charges shown are the approximate
charges to be assessed for the services identified
in the estimate.
- Your
mover must clearly describe on the face of a non-binding
estimate the entire shipment and all services
to be provided.
- If,
before loading your shipment, your mover believes
you are tendering additional household goods or
requiring additional services not identified in
the non-binding estimate, and you and your mover
cannot reach an agreement, your mover may refuse
to service the shipment. If your mover agrees
to service the shipment, your mover must provide
one of the following two estimates:
a. Re-affirm the non-binding estimate.
b. Negotiate a revised written non-binding estimate
listing the additional household goods or services.
- Once
your mover loads your shipment, your mover's failure
to execute a new estimate signifies it has reaffirmed
the original non-binding estimate. Your mover
may not collect more than 110 percent of the amount
of this estimate at destination for the services
and quantities shown on the estimate.
- If
you request additional services after the bill
of lading is executed, your mover will collect
the charges for these additional services when
your shipment is delivered.
- If
your mover must perform impracticable operations,
as defined in its tariff, to accomplish the delivery
of your shipment, your mover will collect the
charges for these services when your shipment
is delivered. However, charges for impracticable
operations collected at delivery must not exceed
15 percent of all other charges due at delivery.
Any remaining impracticable operations charges
must be paid within 30 days after you receive
the mover's freight bill.
If
your mover furnishes a non-binding estimate, your
mover must enter the estimated charges upon the
order for service and upon the bill of lading. Your
mover must retain a record of all estimates of charges
for each move performed for at least one year from
the date your mover made the estimate.
What
payment arrangements must my mover have in place
to secure delivery of my household goods shipment?
If
your total bill is 110 percent or less of the non-binding
estimate, the mover can require payment in full
upon delivery. If the bill exceeds 110 percent of
the non-binding estimate, your mover must relinquish
possession of the shipment at the time of delivery
upon payment of 110 percent of the estimated amount,
and defer billing for the remaining charges for
at least 30 days.
There
are two exceptions to this requirement. Your mover
may demand payment at the time of delivery of the
cost of any additional services that you requested
after the contract was executed that were not included
in the estimate. Your mover may also require you
to pay charges for impracticable operations at the
time of delivery, provided these charges do not
exceed 15 percent of all other charges due at delivery.
Impracticable operations charges that exceed 15
percent of all other charges due at delivery are
due within 30 days after you receive the mover's
freight bill. Your mover should have specified its
acceptable form of payment on the estimate, order
for service, and bill of lading. Your mover's failure
to relinquish possession of a shipment after you
offer to pay 110 percent of the estimated charges,
plus the cost of any additional services that you
requested after the contract was executed that were
not included in the estimate, and the charges for
impracticable operations, not to exceed 15 percent
of all other charges due at delivery, constitutes
failure to transport the shipment with "reasonable
dispatch" and subjects your mover to cargo delay
claims under 49 CFR Part 370.
PICKUP
OF MY SHIPMENT OF
HOUSEHOLD GOODS
Click
on the question below to view the answer.
Must
my mover write up an order for service?
Must
my mover write up an inventory of the shipment?
Must
my mover write up a bill of lading?
Should
I reach an agreement with my mover about pickup
and delivery times?
Must
my mover determine the weight of my shipment?
How
must my mover determine the weight of my shipment?
What
must my mover do if I want to know the actual weight
or charges for my shipment before delivery?
Must
my mover write up an order for service?
We
require your mover to prepare an order for service
on every shipment transported for you. You are entitled
to a copy of the order for service when your mover
prepares it.
The
order for service is not a contract. Should you
cancel or delay your move, or if you decide not
to use the mover, you should promptly cancel the
order.
If
you or your mover change any agreed upon dates for
pickup or delivery of your shipment, or agree to
any change in the non-binding estimate, your mover
may prepare a written change to the order for service.
The written change must be attached to the order
for service.
The
order for service must contain the following 15
elements:
- Your
mover's name and address and the U.S. DOT number
assigned to your mover.
- Your
name, address and, if available, telephone number(s).
- The
name, address, and telephone number of the delivering
mover's office or agent at or nearest to the destination
of your shipment.
- A
telephone number where you may contact your mover
or its designated agent.
- One
of the following three dates and times:
a. The agreed-upon pickup date and agreed delivery
date of your move.
b. The agreed-upon period(s) of the entire move.
c. If your mover is transporting the shipment
on a guaranteed service basis, the guaranteed
dates or periods of time for pickup, transportation,
and delivery. Your mover must enter any penalty
or per diem requirements upon the agreement
under this item.
- The
names and addresses of any other motor carriers,
when known, that will participate in interline
transportation of the shipment.
- The
form of payment your mover will honor at delivery.
The payment information must be the same as was
entered on the estimate.
- The
terms and conditions for payment of the total
charges, including notice of any minimum charges.
- The
maximum amount your mover will demand, based on
the mover's estimate, at the time of delivery
to obtain possession of the shipment, when transported
on a collect-on-delivery basis.
- If
not provided in the bill of lading, the Surface
Transportation Board's required released rates
valuation statement, and the charges, if any,
for optional valuation coverage. The Surface Transportation
Board's required released rates may be increased
annually by your mover based on the U.S. Department
of Commerce's Cost of Living Adjustment.
- A
complete description of any special or accessorial
services ordered and minimum weight or volume
charges applicable to the shipment.
- Any
identification or registration number your mover
assigns to the shipment.
- For
non-binding estimated charges, your mover's reasonably
accurate estimate of the amount of the charges,
the method of payment of total charges, and the
maximum amount (110 percent of the non-binding
estimate) your mover will demand at the time of
delivery for you to obtain possession of the shipment.
- For
binding estimated charges, the amount of charges
your mover will demand based upon the binding
estimate and the terms of payment under the estimate.
- An
indication of whether you request notification
of the charges before delivery. You must provide
your mover with the telephone number(s) or address(es)
where your mover will transmit such communications.
You
and your mover must sign the order for service.
Your mover must provide a dated copy of the order
for service to you at the time your mover signs
the order. Your mover must provide you the opportunity
to rescind the order for service without any penalty
for a three-day period after you sign the order
for service, if you scheduled the shipment to be
loaded more than three days after you sign the order.
Your
mover should provide you with documents that are
as complete as possible, and with all charges clearly
identified. However, as a practical matter, your
mover usually cannot give you a complete bill of
lading before transporting your goods. This is both
because the shipment cannot be weighed until it
is in transit and because other charges for service,
such as unpacking, storage-in-transit, and various
destination charges, cannot be determined until
the shipment reaches its destination.
Therefore,
your mover can require you to sign a partially complete
bill of lading if it contains all relevant information
except the actual shipment weight and any other
information necessary to determine the final charges
for all services provided. Signing the bill of lading
allows you to choose the valuation option, request
special services, and/or acknowledge the terms and
conditions of released valuation.
Your
mover also may provide you, strictly for informational
purposes, with blank or incomplete documents pertaining
to the move. Before loading your shipment, and upon
mutual agreement of both you and your mover, your
mover may amend an order for service. Your mover
must retain an order for service for a shipment
it transported for at least one year from the date
your mover wrote the order.
Your
mover must inform you, before or at the time of
loading, if the mover reasonably expects a special
or accessorial service is necessary to transport
a shipment safely. Your mover must refuse to accept
the shipment when your mover reasonably expects
a special or accessorial service is necessary to
transport a shipment safely, but you refuse to purchase
the special or accessorial service. Your mover must
make a written note if you refuse any special or
accessorial services that your mover reasonably
expects to be necessary.
Must
my mover write up an inventory of the shipment?
Yes.
Your mover must prepare an inventory of your shipment
before or at the time of loading. If your mover's
driver fails to prepare an inventory, you should
write a detailed inventory of your shipment listing
any damage or unusual wear to any items. The purpose
is to make a record of the existence and condition
of each item.
After
completing the inventory, you should sign each page
and ask the mover's driver to sign each page. Before
you sign it, it is important you make sure that
the inventory lists every item in the shipment and
that the entries regarding the condition of each
item are correct. You have the right to note any
disagreement. If an item is missing or damaged when
your mover delivers the shipment, your subsequent
ability to dispute the items lost or damaged may
depend upon your notations.
You
should retain a copy of the inventory. Your mover
may keep the original if the driver prepared it.
If your mover's driver completed an inventory, the
mover must attach the complete inventory to the
bill of lading as an integral part of the bill of
lading.
Must
my mover write up a 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 a 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
or at the time of loading your furniture and other
household goods.
It
is your responsibility to read the bill of lading
before you accept it. 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
it is correct.
The
bill of lading requires the mover to provide the
service you have requested. You must pay the charges
set forth in the bill of lading. 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.
A
bill of lading must include the following 14 elements:
- Your
mover's name and address, or the name and address
of the motor carrier issuing the bill of lading.
- The
names and addresses of any other motor carriers,
when known, who will participate in the transportation
of the shipment.
- The
name, address, and telephone number of the office
of the motor carrier you must contact in relation
to the transportation of the shipment.
- The
form of payment your mover will honor at delivery.
The payment information must be the same that
was entered on the estimate and order for service.
- When
your mover transports your shipment under a collect-on-delivery
basis, your name, address, and telephone number
where the mover will notify you about the charges.
- For
non-guaranteed service, the agreed-upon
date or period of time for pickup of the shipment
and the agreed-upon date or period of time for
the delivery of the shipment. The agreed-upon
dates or periods for pickup and delivery entered
upon the bill of lading must conform to the agreed-upon
dates or periods of time for pickup and delivery
entered upon the order for service or a proper
amendment to the order for service.
- For
guaranteed service, the dates for pickup
and delivery and any penalty or per diem entitlements
due you under the agreement.
- The
actual date of pickup.
- The
identification number(s) of the vehicle(s) in
which your mover loads your shipment.
- The
terms and conditions for payment of the total
charges including notice of any minimum charges.
- The
maximum amount your mover will demand from you,
based on the mover's estimate, at the time of
delivery for you to obtain possession of your
shipment, when your mover transports under a collect-on-delivery
basis.
- If
not provided for in the order for service, the
Surface Transportation Board's required released
rates valuation statement, and the charges, if
any, for optional valuation coverage. The Board's
required released rates may be increased annually
by your mover based on the U.S. Department of
Commerce's Cost of Living Adjustment.
- Evidence
of any insurance coverage sold to or procured
for you from an independent insurer, including
the amount of the premium for such insurance.
- Each
attachment to the bill of lading. Each attachment
is an integral part of the bill of lading contract.
If not provided to you elsewhere by the mover,
the following three items must be added as attachments:
a. The binding or non-binding estimate.
b. The order for service.
c. The inventory.
A
copy of the bill of lading must accompany your shipment
at all times while in the possession of your mover
or its agent(s). When your mover loads the shipment
on a vehicle for transportation, the bill of lading
must be in the possession of the driver responsible
for the shipment. Your mover must retain bills of
lading for shipments it transported for at least
one year from the date your mover created the bill
of lading.
Should
I reach an agreement with my mover about pickup
and delivery times?
You
and your mover should reach an agreement for pickup
and delivery times. 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 your mover's responsibility to tell you if
it can provide service on, or between, those dates,
or, if not, on what other dates it can provide the
service.
In
the process of reaching an agreement with your mover,
you may find it necessary 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 you
and your mover agree upon should be definite.
Once
an agreement is reached, your mover must enter those
dates upon the order for service and the bill of
lading.
Once
your goods are loaded, your mover is contractually
bound to provide the service described in the bill
of lading. Your mover's only defense for not providing
the service on the dates called for is the defense
of force majeure. This is a legal term. It means
that when circumstances change, were not foreseen,
and are beyond the control of your mover, preventing
your mover from performing the service agreed to
in the bill of lading, your mover is not responsible
for damages resulting from its nonperformance.
This
may occur when you do not inform your mover of the
exact delivery requirements. For example, because
of restrictions trucks must follow at your new location,
the mover may not be able to take its truck down
the street of your residence and may need to shuttle
the shipment using another type of vehicle.
Must
my mover determine the weight of my shipment?
Generally,
yes. If your mover transports your household goods
on a non-binding estimate, your mover must determine
the actual weight of the shipment in order to calculate
its lawful tariff charge. If your mover provided
a binding estimate and has loaded your shipment
without claiming you have added additional items
or services, the weight of the shipment will not
affect the charges you will pay.
Your
mover must determine the weight of your shipment
before requesting you to pay for any charges dependent
upon your shipment's weight.
Most
movers have a minimum weight charge for transporting
a shipment. Generally, the minimum is the charge
for transporting a shipment of at least 3,000 pounds
(1,362 kilograms).
If
your shipment appears to weigh less than the mover's
minimum weight, your mover must advise you on the
order for service of the minimum cost before transporting
your shipment. Should your mover fail to advise
you of the minimum charges and your shipment is
less than the minimum weight, your mover must base
your final charges upon the actual weight, not upon
the minimum weight.
How
must my mover determine the weight of my shipment?
Your
mover must weigh your shipment upon a certified
scale.
The
weight of your shipment must be obtained by using
one of two methods—origin weighing or destination
weighing.
Origin
Weighing—Your mover may weigh your shipment
in the city or area where it loads your shipment.
If it elects this option, the driver must weigh
the truck 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 another shipment(s). 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
driver will weigh the truck again to obtain the
loaded weight, called the gross weight. The
net weight of your shipment is then obtained by
subtracting the tare weight before loading
from the gross weight.
Gross
Weight Less the Tare Weight Before Loading = Net
Weight
Destination
Weighing (Also called Back Weighing)
- The mover is also permitted to determine the weight
of your shipment at the destination after it delivers
your load. Weighing your shipment at destination
instead of at origin will not affect the accuracy
of the shipment weight. The most important difference
is that your mover will not 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 where you are
moving, the driver will weigh the truck. Your shipment
will still be on the truck. Your mover will determine
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 after delivery from
the gross weight.
Gross
Weight Less the Tare Weight After Delivery = Net
Weight
At
the time of both weighings, your mover's truck must
have installed or loaded all pads, dollies, hand
trucks, ramps, and other equipment normally required
in the transportation of your shipment. The driver
and other persons must be off the vehicle at the
time of both weighings. The fuel tanks on the vehicle
must be full at the time of each weighing. In lieu
of this requirement, your mover must not add fuel
between the two weighings when the tare weighing
is the first weighing performed.
Your
mover may detach the trailer of a tractor-trailer
vehicle combination from the tractor and have the
trailer weighed separately at each weighing provided
the length of the scale platform is adequate to
accommodate and support the entire trailer.
Your
mover may use an alternative method to weigh your
shipment if it weighs 3,000 pounds (1,362 kilograms)
or less. The only alternative method allowed is
weighing the shipment upon a platform or warehouse
certified scale before loading your shipment for
transportation or after unloading.
Your
mover must use the net weight of shipments transported
in large containers such as ocean or railroad containers.
Your mover will calculate the difference between
the tare weight of the container (including all
pads, blocking and bracing used in the transportation
of your shipment) and the gross weight of the container
with your shipment loaded in the container.
You
have the right, and your mover must inform you of
your right, to observe all weighings of your shipment.
Your mover must tell you where and when each weighing
will occur. Your mover must give you a reasonable
opportunity to be present to observe the weighings.
You
may waive your right to observe any weighing or
re-weighing. This does not affect any of your other
rights under Federal law.
Your
mover may request you waive your right to have a
shipment weighed upon a certified scale. Your mover
may want to weigh the shipment upon a trailer's
on-board, non-certified scale. You should demand
your right to have a certified scale used. The use
of a non-certified scale may cause you to pay a
higher final bill for your move, if the non-certified
scale does not accurately weigh your shipment. Remember
that certified scales are inspected and approved
for accuracy by a government inspection or licensing
agency. Non-certified scales are not inspected and
approved for accuracy by a government inspection
or licensing agency.
Your
mover must obtain a separate weight ticket for each
weighing. The weigh master must sign each weight
ticket. Each weight ticket must contain the following
six items:
- The
complete name and location of the scale.
- The
date of each weighing.
- Identification
of the weight entries as being the tare, gross,
or net weights.
- The
company or mover identification of the vehicle.
- Your
last name as it appears on the bill of lading.
- Your
mover's shipment registration or bill of lading
number.
Your
mover must retain the original weight ticket or
tickets relating to the determination of the weight
of your shipment as part of its file on your shipment.
When both weighings are performed on the same scale,
one weight ticket may be used to record both weighings.
Your
mover must present all freight bills with true copies
of all weight tickets. If your mover does not present
its freight bill with all weight tickets, your mover
is in violation of Federal law.
Before
the driver actually begins unloading your shipment
weighed at origin and after your mover informs you
of the billing weight and total charges, you have
the right to demand a re-weigh of your shipment.
If you believe the weight is not accurate, you have
the right to request your mover re-weigh your shipment
before unloading.
You
have the right, and your mover must inform you of
your right, to observe all re-weighings of your
shipment. Your mover must tell you where and when
each re-weighing will occur. Your mover must give
you a reasonable opportunity to be present to observe
the re-weighings. You may waive your right to observe
any re-weighing; however, you must waive that right
in writing. You may send the written waiver via
fax or e-mail, as well as by overnight courier or
certified mail, return receipt requested. This does
not affect any of your other rights under Federal
law.
Your
mover is prohibited from charging you for the re-weighing.
If the weight of your shipment at the time of the
re-weigh is different from the weight determined
at origin, your mover must re-compute the charges
based upon the re-weigh weight.
Before
requesting a re-weigh, you may find it to your advantage
to estimate the weight of your shipment using the
following three-step 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 this 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 a re-weigh
will prove beneficial to you. In fact, it 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 or more
(20 kilograms or more).
What
must my mover do if I want to know the actual weight
or charges for my shipment before delivery?
If
you request notification of the actual weight and
charges of your shipment, your mover must comply
with your request if it is moving your goods on
a collect-on-delivery basis. This requirement is
conditioned upon your supplying your mover with
an address or telephone number where you will receive
the communication. Your mover must make its notification
by telephone, fax transmissions, e-mail, overnight
courier, certified mail with return receipt requested,
or in person.
You
must receive the mover's notification at least one
full 24-hour day before its scheduled delivery,
excluding Saturdays, Sundays, and Federal holidays.
Your
mover may disregard this 24-hour notification requirement
on shipments subject to one of the following three
situations:
- Back-weigh
(when your mover weighs your shipment at its destination).
- Pickup
and delivery encompassing two consecutive weekdays,
if you agree.
- Maximum
payment amounts at time of delivery of 110 percent
of the estimated charges, if you agree.
TRANSPORTATION
OF MY SHIPMENT
Click
on the question below to view the answer.
Must
my mover transport the shipment in a timely manner?
What
must my mover do if it is able to deliver my shipment
more than 24 hours before I am able to accept delivery?
What
must my mover do for me when I store household goods
in transit?
Must
my mover transport the shipment in a timely manner?
Yes,
your mover must transport your household goods in
a timely manner. This is also known as "reasonable
dispatch service." Your mover must provide reasonable
dispatch service to you, except for transportation
on the basis of guaranteed delivery dates.
When
your mover is unable to perform either the pickup
or delivery of your shipment on the dates or during
the periods of time specified in the order for service,
your mover must notify you of the delay, at the
mover's expense. As soon as the delay becomes apparent
to your mover, it must give you notification that
it will be unable to provide the service specified
in the terms of the order for service. Your mover
may notify you of the delay in any of the following
ways: by telephone, fax transmissions, e-mail, overnight
courier, certified mail with return receipt requested,
or in person.
When
your mover notifies you of a delay, it also must
advise you of the dates or periods of time it may
be able to pick up and/or deliver the shipment.
Your mover must consider your needs in its advisement.
Your mover must prepare a written record of the
date, time, and manner of its notification.
Your
mover must prepare a written record of its amended
date or period for delivery. Your mover must retain
these records as a part of its file on your shipment.
The retention period is one year from the date of
notification. If you request a copy of the notice,
your mover must furnish a copy of the notification
to you either by first class mail or in person.
Your
mover must tender your shipment for delivery on
the agreed-upon delivery date or within the period
specified on the bill of lading. Upon your request
or concurrence, your mover may deliver your shipment
on another day.
The
establishment of a delayed pickup or delivery date
does not relieve your mover from liability for damages
resulting from your mover's failure to provide service
as agreed. However, when your mover notifies you
of alternate delivery dates, it is your responsibility
to be available to accept delivery on the dates
specified. If you are not available and are not
willing to accept delivery, your 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
your mover to change the delivery date, most movers
will agree to do so provided your request will not
result in unreasonable delay to its equipment or
interfere with another customer's move. However,
your mover is under no obligation to consent to
amended delivery dates. If you are unwilling or
unable to accept delivery on the date agreed to
in the bill of lading, your mover has the right
to place your shipment in storage at your expense.
If
your mover fails to pick up and deliver your shipment
on the date 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 your
mover. This is what is called an inconvenience or
delay claim. Should your mover refuse to honor such
a claim and you continue to believe you are entitled
to be paid damages, you may take your mover to court
under 49 U.S.C. 14706. FMCSA has no authority
to order your mover to pay such claims.
While
we hope your mover delivers your shipment in a timely
manner, you should consider the possibility your
shipment may be delayed. Before you agree with the
mover to transport your shipment, find out what
payment you can expect if a mover delays service
through its own fault.
What
must my mover do if it is able to deliver my shipment
more than 24 hours before I am able to accept delivery?
At
your mover's discretion, it may place your shipment
in storage. This will be under its own account and
at its own expense in a warehouse located in proximity
to the destination of your shipment. Your mover
may do this if you fail to request or concur with
an early delivery date, and your mover is able to
deliver your shipment more than 24 hours before
your specified date or the first day of your specified
period.
If
your mover exercises this option, your mover must
immediately notify you of the name and address of
the warehouse where your mover places your shipment.
Your mover must make and keep a record of its notification
as a part of its shipment records. Your mover has
full responsibility for the shipment under the terms
and conditions of the bill of lading. Your mover
is responsible for the charges for re-delivery,
handling, and storage until it makes final delivery.
Your mover may limit its responsibility to the agreed-upon
delivery date or the first day of the period of
delivery as specified in the bill of lading.
What
must my mover do for me when I store household goods
in transit?
If
you request your mover to hold your household goods
in storage-in-transit and the storage period is
about to expire, your mover must notify you, in
writing, about the four following items:
- The
date when storage-in-transit will convert to permanent
storage.
- The
existence of a 9-month period after the date of
conversion to permanent storage, during which
you may file claims against your mover for loss
or damage occurring to your goods while in transit
or during the storage-in-transit period.
- Your
mover's liability will end.
- Your
property will be subject to the rules, regulations,
and charges of the warehouseman.
Your
mover must make this notification at least ten days
before the expiration date of one of the following
two periods of time:
- The
specified period of time when your mover is to
hold your goods in storage.
- The
maximum period of time provided in its tariff
for storage-in-transit.
Your
mover must notify you by fax transmission, overnight
courier, e-mail, certified mail with return receipt
requested, or in person.
If
your mover holds your household goods in storage-in-transit
for less than 10 days, your mover must notify you,
one day before the storage-in-transit period expires,
of the same information specified above.
Your
mover must maintain a record of all notifications
to you as part of the records of your shipment.
Under the applicable tariff provisions regarding
storage-in-transit, your mover's failure or refusal
to notify you will automatically extend your mover's
liability until the end of the day following the
date when your mover actually gives you notice.
DELIVERY
OF MY SHIPMENT
Click
on the question below to view the answer.
May
my mover ask me to sign a delivery receipt purporting
to release it from liability?
What
is the maximum collect-on-delivery amount my mover
may demand I pay at the time of delivery?
If
my shipment is transported on more than one vehicle,
what charges may my mover collect at delivery?
If
my shipment is partially lost or destroyed, what
charges may my mover collect at delivery?
How
must my mover calculate the charges applicable to
the shipment as delivered?
May
my mover ask me to sign a delivery receipt purporting
to release it from liability?
At
the time of delivery, your mover will expect you
to sign a receipt for your shipment. Normally, you
will sign each page of your mover's copy of the
inventory.
Your
mover's delivery receipt or shipping document must
not contain any language purporting to release or
discharge it or its agents from liability.
Your
mover may include a statement about your receipt
of your property in apparent good condition, except
as noted on the shipping documents.
Do
not sign the delivery receipt if it contains
any language purporting to release or discharge
your mover or its agents from liability. Strike
out such language before signing, or refuse delivery
if the driver or mover refuses to provide a proper
delivery receipt.
What
is the maximum collect-on-delivery amount my mover
may demand I pay at the time of delivery?
On
a binding estimate, the maximum amount is the exact
estimate of the charges, plus the cost of any additional
services that you requested after the contract was
executed that were not included in the estimate,
and any charges for impracticable operations, not
to exceed 15 percent of all other charges due at
delivery. Your mover must specify on the estimate,
order for service, and bill of lading the form of
payment acceptable to it (for example, a certified
check).
On
a non-binding estimate, the maximum amount is 110
percent of the approximate costs, plus the cost
of any additional services that you requested after
the contract was executed that were not included
in the estimate, and any charges for impracticable
operations, not to exceed 15 percent of all other
charges due at delivery. Your mover must specify
on the estimate, order for service, and bill of
lading the form of payment acceptable to it (for
example, cash).
If
my shipment is transported on more than one vehicle,
what charges may my mover collect at delivery?
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 may require payment for
each portion as it is delivered.
Your
mover may delay the collection of all the charges
until the entire shipment is delivered, at its discretion,
not yours. When you order your move, you should
ask the mover about its policies in this regard.
If
my shipment is partially lost or destroyed, what
charges may my mover collect at delivery?
Movers
customarily make every effort to avoid losing, damaging,
or destroying any of your items while your shipment
is in their possession for transportation. However,
despite the precautions taken, articles are sometimes
lost or destroyed during the move.
In
addition to any money you may recover from your
mover to compensate for lost or destroyed articles,
you may also recover the transportation charges
represented by the portion of the shipment lost
or destroyed. Your mover may only apply this paragraph
to the transportation of household goods. Your mover
may disregard this paragraph if loss or destruction
was due to an act or omission by you. Your mover
must require you to pay any specific valuation charge
due.
If
you pack a hazardous material (for example, gasoline,
aerosol cans, motor oil) and your shipment is partially
lost or destroyed by fire in storage or in the mover's
trailer, your mover may require you to pay for the
full cost of transportation.
If
your mover chooses, it may first collect its freight
charges for the entire shipment. At the time your
mover disposes of claims for loss, damage, or injury
to the articles in your shipment, it must refund
the portion of its freight charges corresponding
to the portion of the lost or destroyed shipment
(including any charges for accessorial or terminal
services).
Your
mover is forbidden from collecting, or requiring
you to pay, any freight charges (including any charges
for accessorial or terminal services) when your
household goods shipment is totally lost or destroyed
in transit, unless the loss or destruction was due
to an act or omission by you.
How
must my mover calculate the charges applicable to
the shipment as delivered?
Your
mover must multiply the percentage corresponding
to the delivered shipment times the total charges
applicable to the shipment tendered by you to obtain
the total charges it must collect from you.
If
your mover's computed charges exceed the charges
otherwise applicable to the shipment as delivered,
the lesser of those charges must apply. This will
apply only to the transportation of your household
goods.
Your
mover must require you to pay any specific valuation
charge due.
Your
mover may not refund the freight charges if the
loss or destruction was due to an act or omission
by you. For example, you fail to disclose to your
mover that your shipment contains perishable live
plants. Your mover may disregard its loss or destruction
of your plants, because you failed to inform your
mover you were transporting live plants.
Your
mover must determine, at its own expense, the proportion
of the shipment, based on actual or constructive
weight, not lost or destroyed in transit.
Your
rights are in addition to, and not in lieu of, any
other rights you may have with respect to your shipment
of household goods your mover lost or destroyed,
or partially lost or destroyed, in transit. This
applies whether or not you have exercised your rights
provided above.
COLLECTION
OF CHARGES
Click
on the question below to view the answer.
Does
this subpart apply to most shipments?
How
must my mover present its freight or expense bill
to me?
If
I forced my mover to relinquish a collect-on-delivery
shipment before the payment of ALL charges, how
must my mover collect the balance?
What
actions may my mover take to collect from me the
charges in its freight bill?
Do
I have a right to file a claim to recover money
for property my mover lost or damaged?
Does
this subpart apply to most shipments?
It
applies to all shipments of household goods that
involve a balance due freight or expense bill or
are shipped on credit.
How
must my mover present its freight or expense bill
to me?
At
the time of payment of transportation charges, your
mover must 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 or charge
per service performed, and the total charges for
each service. If this information is not on the
freight bill, do not accept or pay the freight bill.
Movers'
tariffs customarily specify that freight charges
must be paid in cash, by certified check, or by
cashier's check. When this requirement exists, the
mover will not accept personal checks. At the time
you order your move, you should ask your mover about
the form of payment your mover requires.
Some
movers permit payment of freight charges by use
of a charge or credit card. However, do not assume
your nationally recognized charge, credit, or debit
card will be acceptable for payment. Ask your mover
at the time you request an estimate. Your mover
must specify the form of payment it will accept
at delivery.
If
you do not pay the transportation charges at the
time of delivery, your 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. However, the mover must
deliver your goods upon payment of 100 percent of
a binding estimate, plus the cost of any additional
services that you requested after the contract was
executed that were not included in the estimate,
and any charges for impracticable operations, not
to exceed 15 percent of all other charges due at
time of delivery.
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 should be notified and receive a refund. If
an undercharge occurred, you may be billed for the
additional charges due.
On
"to be prepaid" shipments, your mover must present
its freight bill for all transportation charges
within 15 days of the date your mover delivered
the shipment. This period excludes Saturdays, Sundays,
and Federal holidays.
On
"collect" shipments, your mover must present its
freight bill for all transportation charges on the
date of delivery, or, at its discretion, within
15 days, calculated from the date the shipment was
delivered at your destination. This period excludes
Saturdays, Sundays, and Federal holidays. (Bills
for additional charges based on the weight of the
shipment will be presented 30 days after delivery;
charges for impracticable operations not paid at
delivery are due within 30 days of the invoice.)
Your
mover's freight bills and accompanying written notices
must state the following five items:
- Penalties
for late payment.
- Credit
time limits.
- Service
or finance charges.
- Collection
expense charges.
- Discount
terms.
If
your mover extends credit to you, freight bills
or a separate written notice accompanying a freight
bill or a group of freight bills presented at one
time must state, "You may be subject to tariff penalties
for failure to timely pay freight charges," or a
similar statement. Your mover must state on its
freight bills or other notices when it expects payment,
and any applicable service charges, collection expense
charges, and discount terms.
When
your mover lacks sufficient information to compute
its tariff charges at the time of billing, your
mover must present its freight bill for payment
within 15 days following the day when sufficient
information becomes available. This period excludes
Saturdays, Sundays, and Federal holidays.
Your
mover must not extend additional credit to you if
you fail to furnish sufficient information to your
mover. Your mover must have sufficient information
to render a freight bill within a reasonable time
after shipment.
When
your mover presents freight bills by mail, it must
deem the time of mailing to be the time of presentation
of the bills. The term "freight bills," as used
in this paragraph, includes both paper documents
and billing by use of electronic media such as computer
tapes, disks, or the Internet (e-mail).
When
you mail acceptable checks or drafts in payment
of freight charges, your mover must deem the act
of mailing the payment within the credit period
to be the proper collection of the tariff charges
within the credit period for the purposes of Federal
law. In case of a dispute as to the date of mailing,
your mover must accept the postmark as the date
of mailing.
If
I forced my mover to relinquish a collect-on-delivery
shipment before the payment of ALL charges, how
must my mover collect the balance?
On
"collect-on-delivery" shipments, your mover must
present its freight bill for transportation charges
within 15 days, calculated from the date the shipment
was delivered at your destination. This period excludes
Saturdays, Sundays, and Federal holidays. (Bills
for additional charges based on the weight of the
shipment will be presented 30 days after delivery;
charges for impracticable operations not paid at
delivery are due within 30 days of the invoice.)
What
actions may my mover take to collect from me the
charges in its freight bill?
Your
mover must present a freight bill within 15 days
(excluding Saturdays, Sundays, and Federal holidays)
of the date of delivery of a shipment at your destination.
(Bills for additional charges based on the weight
of the shipment will be presented 30 days after
delivery; charges for impracticable operations not
paid at delivery are due within 30 days of the invoice.)
Your
mover must provide in its tariffs the following
three provisions:
- A
provision indicating its credit period is a total
of 30 calendar days.
- A
provision indicating you will be assessed a service
charge by your mover equal to one percent of the
amount of the freight bill, subject to a $20 minimum
charge, for the extension of the credit period.
The mover will assess the service charge for each
30-day extension that the charges go unpaid.
- A
provision that your mover must deny credit to
you if you fail to pay a duly presented freight
bill within the 30-day period. Your mover may
grant credit to you, at its discretion, when you
satisfy your mover's condition that you will pay
all future freight bills duly presented. Your
mover must ensure all your payments of freight
bills are strictly in accordance with Federal
rules and regulations for the settlement of its
rates and charges.
Do
I have a right to file a claim to recover money
for property my mover lost or damaged?
Should
your move result in the loss of or damage to any
of your property, you have the right to file a claim
with your mover to recover money for such loss or
damage.
You
should file a claim as soon as possible. If you
fail to file a claim within 9 months, your mover
may not be required to accept your claim. If you
institute a court action and win, you may be entitled
to attorney's fees if you submitted your claim to
the mover within 120 days after delivery or the
date delivery is scheduled (whichever is later);
and (1) the mover did not advise you during the
claim settlement process of the availability of
arbitration as a means for resolving the dispute;
(2) a decision was not rendered through arbitration
within the time required by law; or (3) you are
instituting a court action to enforce an arbitration
decision with which the mover has not complied.
While
the Federal Government maintains regulations governing
the processing of loss and damage claims (49 CFR
Part 370), it cannot resolve those claims. If you
cannot settle a claim with the mover, you may file
a civil action to recover your claim in court under
49 U.S.C. 14706. You may obtain the name and address
of the mover's agent for service of legal process
in your State by contacting FMCSA. You may also
obtain the name of a process agent via the Internet.
In
addition, your mover must participate in an arbitration
program. As described earlier in this booklet, an
arbitration program gives you the opportunity to
settle certain types of unresolved loss or damage
claims and disputes regarding charges that were
billed to you by your mover after your shipment
was delivered through a neutral arbitrator. 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. Your mover is
required to provide you with information about its
arbitration program before you move; if your mover
fails to do so, ask the mover for more details.
RESOLVING
DISPLUTES WITH MY MOVER
What
may I do to resolve disputes with my mover?
Generally,
you must resolve your own loss and damage disputes
with your mover. You enter a contractual arrangement
with your mover. You are bound by each of the following
three terms and conditions:
- The
terms and conditions you negotiated before your
move.
- The
terms and conditions you accepted when you signed
the bill of lading.
- The
terms and conditions you accepted when you signed
for delivery of your goods.
You
have the right to take your mover to court. We require
your mover to offer you arbitration to settle your
disputes with it.
