Moving Resources Everything you must know before you
Move
The Federal Motor Carrier Safety Administration's (FMCSA) regulations
protect consumers on interstate moves and define the rights and
responsibilities of consumers and household goods carriers.
The household goods carrier (mover) gave you this booklet to provide
information about your rights and responsibilities as an individual
shipper of household goods. Your primary responsibility is to select a
reputable household goods carrier, ensure that you understand the terms
and conditions of the contract, and understand and pursue the remedies
that are available to you in case problems arise. You should talk to your
mover if you have further questions. The mover will also furnish you with
additional written information describing its procedure for handling your
questions and complaints. The additional written information will include
a telephone number you can call to obtain additional information about
your move.
WHAT ARE THE MOST IMPORTANT POINTS I SHOULD REMEMBER FROM THIS
PAMPHLET?
- Moving Companies must give written estimates.
- Moving Companies may give binding estimates.
- Non-binding estimates are not always accurate; actual charges may
exceed the estimate.
- If your mover provides you (or someone representing you) with any
partially complete document for your signature, you should verify the
document is as complete as possible before signing it. Make sure the
document contains all relevant shipping information, except the actual
shipment weight and any other information necessary to determine the
final charges for all services performed.
- You may request from your mover the availability of guaranteed
pickup and delivery dates.
- Be sure you understand the mover's responsibility for loss or
damage, and request an explanation of the difference between valuation
and actual insurance.
- You have the right to be present each time your shipment is weighed.
- You may request a reweigh of your shipment.
- If you agree to move under a non-binding estimate, you should
confirm with your mover - in writing - the method of payment at delivery
as cash, certified check, cashier's check, money order, or credit card.
- Moving Companies must offer a dispute settlement program as an
alternative means of settling loss or damage claims. ASK YOUR MOVER FOR
DETAILS.
- You should ask the person you speak to whether he or she works for
the actual mover or a household goods broker. A household goods broker
only arranges for the transportation. A household goods broker must not
represent itself as a mover. A household goods broker does not own
trucks of its own. The broker is required to find an authorized mover to
provide the transportation. You should know that a household goods
broker generally has no authority to provide you an estimate on behalf
of a specific mover. If a household goods broker provides you an
estimate, it may not be binding on the actual mover and you may have to
pay the actual charges the mover incurs. A household goods broker is not
responsible for loss or damage.
- You may request complaint information about Moving Companies from
the Federal Motor Carrier Safety Administration under the Freedom of
Information Act. You may be assessed a fee to obtain this information.
See 49 CFR Part 7 for the schedule of fees.
- You should seek estimates from at least three different Moving
Companies. You should not disclose any information to the different
Moving Companies about their competitors, as it may affect the accuracy
of their estimates.
WHAT IF I HAVE MORE QUESTIONS?
If this pamphlet does not answer all of your questions about your move,
do not hesitate to ask your mover's representative who handled the
arrangements for your move, the driver who transports your shipment, or
the mover's main office for additional information.
PART A - GENERAL REQUIREMENTS
The primary responsibility for your protection lies with you in
selecting a reputable household goods carrier, ensuring you understand the
terms and conditions of your contract with your mover, and understanding
and pursuing the remedies that are available to you in case problems
arise.
Who must follow the regulations?
The regulations inform motor carriers engaged in the interstate
transportation of household goods (Moving Companies) what standards they
must follow when offering services to you. You, an individual shipper, are
not directly subject to the regulations. However, your mover may be
required by the regulations to force you to pay on time. The regulations
only apply to your mover when the mover transports your household goods by
motor vehicle in interstate commerce - that is, when you are moving from
one State to another. The regulations do not apply when your interstate
move takes place within a single commercial zone. A commercial zone is
roughly equivalent to the local metropolitan area of a city or town. For
example, a move between Brooklyn, NY, and Hackensack, NJ, would be
considered to be within the New York City commercial zone and would not be
subject to these regulations. Commercial zones are defined in 49 CFR part
372.
What definitions are used in this pamphlet?
ACCESSORIAL (ADDITIONAL) SERVICES - These are services such as
packing, appliance servicing, unpacking, or piano stair carries that you
request to be performed (or that are necessary because of landlord
requirements or other special circumstances). Charges for these services
may be in addition to the line haul charges.
ADVANCED CHARGES - These are charges for services performed by
someone other than the mover. A professional, craftsman, or other third
party may perform these services at your request. The mover pays for these
services and adds the charges to your bill of lading charges.
ADVERTISEMENT - This is any communication to the public in
connection with an offer or sale of any interstate household goods
transportation service. This will include written or electronic database
listings of your mover's name, address, and telephone number in an on-line
database. This excludes listings of your mover's name, address, and
telephone number in a telephone directory or similar publication. However,
Yellow Pages advertising is included within the definition.
AGENT - A local moving company authorized to act on behalf of a
larger, national company.
APPLIANCE SERVICE BY THIRD PARTY - The preparation of major
electrical appliances to make them safe for shipment. Charges for these
services may be in addition to the line haul charges.
BILL OF LADING - The receipt for your goods and the contract for
their transportation.
CARRIER - The mover transporting your household goods.
CASH ON DELIVERY (COD) - This means payment is required at the
time of delivery at the destination residence (or warehouse).
CERTIFIED SCALE - Any scale designed for weighing motor
vehicles, including trailers or semitrailers not attached to a tractor,
and certified by an authorized scale inspection and licensing authority. A
certified scale may also be a platform or warehouse type scale that is
properly inspected and certified.
ESTIMATE, BINDING - This is an agreement made in advance with
your mover. It guarantees the total cost of the move based upon the
quantities and services shown on the estimate.
ESTIMATE, NON-BINDING - This is what your mover believes the
cost will be, based upon the estimated weight of the shipment and the
accessorial services requested. A non-binding estimate is not binding on
the mover. The final charges will be based upon the actual weight of your
shipment, the services provided, and the tariff provisions in effect.
EXPEDITED SERVICE - This is an agreement with the mover to
perform transportation by a set date in exchange for charges based upon a
higher minimum weight.
FLIGHT CHARGE - A charge for carrying items up or down flights
of stairs. Charges for these services may be in addition to the line haul
charges.
GUARANTEED PICKUP AND DELIVERY SERVICE - An additional level of
service featuring guaranteed dates of service. Your mover will provide
reimbursement to you for delays. This service is often subject to minimum
weight requirements.
HIGH VALUE ARTICLE - These are items included in a shipment
valued at more than $100 per pound ($220 per kilogram).
HOUSEHOLD GOODS, as used in connection with transportation,
means the personal effects or property used, or to be used, in a dwelling,
when part of the equipment or supplies of the dwelling. Transportation of
the household goods must be arranged and paid for by you or by another
individual on your behalf. This may include items moving from a factory or
store when you purchase them to use in your dwelling. You must request
that these items be transported, and you (or another individual on your
behalf) must pay the transportation charges to the mover.
INVENTORY - The detailed descriptive list of your household
goods showing the number and condition of each item.
LINE HAUL CHARGES - The charges for the vehicle transportation
portion of your move. These charges, if separately stated, apply in
addition to the accessorial service charges.
LONG CARRY - A charge for carrying articles excessive distances
between the mover's vehicle and your residence. Charges for these services
may be in addition to the line haul charges.
MAY - An option. You or your mover may do something, but it is
not a requirement.
MOVER - A motor carrier engaged in the transportation of
household goods and its household goods agents.
MUST - A legal obligation. You or your mover must do something.
ORDER FOR SERVICE - The document authorizing the mover to
transport your household goods.
ORDER (BILL OF LADING) NUMBER - The number used to identify and
track your shipment.
PEAK SEASON RATES - Higher line haul charges applicable during
the summer months.
PICKUP AND DELIVERY CHARGES - Separate transportation charges
applicable for transporting your shipment between the storage-in-transit
warehouse and your residence.
REASONABLE DISPATCH - The performance of transportation on the
dates, or during the period of time, agreed upon by you and your mover and
shown on the Order for Service/Bill of Lading. For example, if your mover
deliberately withholds any shipment from delivery after you offer to pay
the binding estimate or 110 percent of a non-binding estimate, your mover
has not transported the goods with reasonable dispatch. The term
"reasonable dispatch" excludes transportation provided under your mover's
tariff provisions requiring guaranteed service dates. Your mover will have
the defense of force majeure, i.e., that the contract cannot be performed
owing to causes that are outside the control of the parties and that could
not be avoided by exercise of due care.
SHOULD - A recommendation. We recommend you or your mover do
something, but it is not a requirement.
SHUTTLE SERVICE - The use of a smaller vehicle to provide
service to residences not accessible to the mover's normal line haul
vehicles.
STORAGE-IN-TRANSIT (SIT) - The temporary warehouse storage of
your shipment pending further transportation, with or without notification
to you. If you (or someone representing you) cannot accept delivery on the
agreed-upon date or within the agreed-upon time period (for example,
because your home is not quite ready to occupy), your mover may place your
shipment into SIT without notifying you. In those circumstances, you will
be responsible for the added charges for SIT service, as well as the
warehouse handling and final delivery charges.
However, your mover also may place your shipment into SIT if
your mover was able to make delivery before the agreed-upon date (or
before the first day of the agreed-upon delivery period), but you did not
concur with early delivery. In those circumstances, your mover must notify
you immediately of the SIT, and your mover is fully responsible for
redelivery charges, handling charges, and storage charges.
SURFACE TRANSPORTATION BOARD - An agency within the U.S.
Department of Transportation that regulates household goods carrier
tariffs, among other responsibilities. The Surface Transportation Board's
address is 1925 K Street NW., Washington, DC 20423-0001 Tele.
202-565-1674.
TARIFF - An issuance (in whole or in part) containing rates,
rules, regulations, classifications, or other provisions. The Surface
Transportation Board requires that a tariff contain three specific items.
First, an accurate description of the services the mover offers to the
public. Second, the specific applicable rates (or the basis for
calculating the specific applicable rates) and service terms for services
offered to the public. Third, the mover's tariff must be arranged in a way
that allows you to determine the exact rate(s) and service terms
applicable to your shipment.
VALUATION - The degree of worth of the shipment. The valuation
charge compensates the mover for assuming a greater degree of liability
than is provided for in its base transportation charges.
WAREHOUSE HANDLING - A charge may be applicable each time SIT
service is provided. Charges for these services may be in addition to the
line haul charges. This charge compensates the mover for the physical
placement and removal of items within the warehouse.
WE, US, and OUR - The Federal Motor Carrier Safety
Administration (FMCSA).
YOU and YOUR - You are an individual shipper of household goods.
You are a consignor or consignee of a household goods shipment and your
mover identifies you as such in the bill of lading contract. You own the
goods being transported and pay the transportation charges to the mover.
Where may other terms used in this pamphlet be defined?
You may find other terms used in this pamphlet defined in 49 U.S.C.
13102. The statute controls the definitions in this pamphlet. If terms are
used in this pamphlet and the terms are defined neither here nor in 49
U.S.C. 13102, the terms will have the ordinary practical meaning of such
terms.
PART B - BEFORE REQUESTING SERVICES FROM ANY MOVER
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 Moving Companies offer two different levels of
liability (options 1 and two below) under the terms of their tariffs and
the Surface Transportation Board's Released Rates Orders. These orders
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
cents per kilogram), per article. Loss or damage claims are settled based
upon the pound (kilogram) weight of the article multiplied by 60 cents per
pound ($1.32 cents per kilogram). For example, if your mover lost or
destroyed a 10-pound (4.54-kilogram) stereo component valued at $1,000,
your mover would be liable for no more than $6.00. 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.
OPTION 2: FULL VALUE PROTECTION (FVP)
Under this option, the mover is liable for the replacement value of
lost or damaged goods (as long as it doesn't exceed the total declared
value of the shipment). If you elect to purchase full value protection,
and your mover loses, damages or destroys your articles, your mover must
repair, replace with like items, or settle in cash at the current market
replacement value, regardless of the age of the lost or damaged item. The
minimum declared value of a shipment under this option is $5,000 or $4.00
times the actual total weight (in pounds) of the shipment, whichever is
greater. For example, the minimum declared value for a 4,000-pound
(1,814.4-kilogram) shipment would be $16,000. Your mover may offer you FVP
with a $250 or $500 deductible, or with no deductible at all. The amount
of the deductible will affect the cost of your FVP coverage. The $4.00 per
pound minimum valuation rate may be increased annually by your mover based
on changes in the household furnishings element of the Consumer Price
Index established by the U.S. Department of Labor's Bureau of Labor
Statistics.
Unless you specifically agree to other arrangements, the mover must
assume liability for the entire shipment based upon this option. The
approximate cost for FVP is $8.50 for each $1,000 of declared value;
however, it may vary by mover. In the example above, the valuation charge
for a shipment valued at $16,000 would be $136.00. As noted above, this
fee may be adjusted annually by your mover based on changes in the
household furnishings element of the Consumer Price Index.
Under both of these liability options, Moving Companies 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 your move. It is your responsibility
to study this provision carefully and make the necessary declaration.
These optional levels of liability are not insurance agreements
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 Moving Companies 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 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 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 liability option 1 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: 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 USDOT number the
advertised service will originate.
- USDOT number, assigned by FMCSA, authorizing your mover to operate.
Your mover must display the information as: USDOT No. (assigned number).
You should compare the name or trade name of the mover and its USDOT
number to the name and USDOT 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 Moving Companies 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 Moving Companies are also required to offer neutral
arbitration as a means of resolving consumer loss or damage disputes
involving loss of or damage to household goods. 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 things:
- 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
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. Moving Companies' 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. 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 things:
- A summary of the arbitration procedure.
- Any applicable costs.
- 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 decision-making 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 will be bound by arbitration for claims of $5,000 or less if you
request arbitration.
- You will be bound by arbitration for claims of more than $5,000 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?
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 pamphlet.
- 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:
- The main telephone number you may use to communicate with your
mover.
- 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 19 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 applicable to the rating of the freight).
- The volume of the freight (if applicable to the rating of the
freight).
- The measurement of the freight (if applicable to the rating of the
freight).
- 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.
(Bills for charges exceeding 110 percent of a non-binding estimate, and
for additional services requested or found necessary after the shipment is
in transit, will be presented no sooner than 30 days after the date of
delivery.)
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 10 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.
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 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.
PART C - SERVICE OPTIONS PROVIDED
What service options may my mover provide?
Your mover may provide any service options it chooses. It is customary
for Moving Companies 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 Moving Companies may 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 Moving Companies 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 Moving Companies 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.
PART D - ESTIMATING CHARGES
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.
You should be aware that if you receive an estimate from a household
goods broker, the mover is not 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.
If your mover provides you with an estimate based on volume that will
later be converted to a weight-based rate, the mover must provide you an
explanation in writing of the formula used to calculate the conversion to
weight. Your mover must specify that the final charges will be based on
actual weight and services. 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 an agreement made in advance with your mover. 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. Your mover will base the final charges upon the actual weight
of your shipment, the services provided, and its tariff provisions in
effect. You must be prepared to pay 10 percent more than the estimated
amount 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, the mover
must not demand full payment for those added services at time of delivery.
Instead, the mover must bill for those services later, as explained below.
Such services might include destination charges that often are not known
at origin (such as long carry charges, shuttle charges, or extra stair
carry charges).
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:
- Reaffirm the binding estimate.
- Negotiate a revised written binding estimate listing the
additional household goods or services.
- 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.
- Your mover may believe additional services are necessary to properly
service your shipment after your household goods are in transit. Your
mover must inform you what the additional services are before performing
them. Your mover must allow you at least one hour to determine whether
you want the additional services performed. Such additional services
include carrying your furniture up additional stairs or using an
elevator. If these services do not appear on your mover's estimate, your
mover must deliver your shipment and bill you later for the additional
services.
If you agree to pay for the additional services, your mover must execute
a written attachment to be made an integral part of the bill of lading
and have you sign the written attachment. This may be done through fax
transmissions. You will be billed for the additional services 30 days
following the date of delivery.
- If you add additional services after your household goods are in
transit, you will be billed for the additional services but only be
expected to pay the full amount of the binding estimate to receive
delivery. Your mover must bill you for the balance of any remaining
charges for these additional services no sooner than 30 days after
delivery. For example, if your binding estimate shows total charges at
delivery should be $1,000 but your actual charges at destination are
$1,500, your mover must deliver the shipment upon payment of $1,000. The
mover must bill you for the remaining $500 no sooner than 30 days after
the date of delivery.
- Failure of your mover to relinquish possession of a shipment upon
your offer to pay the binding estimate amount constitutes your mover's
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 in accordance with your
mover's tariffs. Federal law requires your mover to collect the charges
shown in its tariffs, 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 Moving Companies' tariffs are essentially the
same for the same weight shipment moving the same distance. If you obtain
different non-binding estimates from different Moving Companies, you must
pay only the amount specified in your mover's tariff. Therefore, a
non-binding estimate may have no effect on the amount that you will
ultimately have to pay.
You must be prepared to pay 10 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 then bill you 30 days after delivery for any remaining
charges.
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
do one of the following two things:
- Reaffirm the non-binding estimate.
- 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.
- Your mover may believe additional services are necessary to properly
service your shipment after your household goods are in transit. Your
mover must inform you what the additional services are before performing
them. Your mover must allow you at least one hour to determine whether
you want the additional services performed. Such additional services
include carrying your furniture up additional stairs or using an
elevator. If these services do not appear on your mover's estimate, your
mover must deliver your shipment and bill you later for the additional
services.
If you agree to pay for the additional services, your mover must execute
a written attachment to be made an integral part of the bill of lading
and have you sign the written attachment. This may be done through fax
transmissions. You will be billed for the additional services after 30
days from delivery.
- If you add additional services after your household goods are in
transit, you will be billed for the additional services. To receive
delivery, however, you are required to pay no more than 110 percent of
the non-binding estimate. At least 30 days after delivery, your mover
must bill you for any remaining balance, including the additional
services you requested. For example, if your non-binding estimate shows
total charges at delivery should be $1,000 but your actual charges at
destination are $1,500, your mover must deliver the shipment upon
payment of $1,100. The mover must bill you for the remaining $400 no
sooner than 30 days after the date of delivery.
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. 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 constitutes its
failure to transport the shipment with "reasonable dispatch" and subjects
your mover to your cargo delay claims under 49 CFR Part 370.
Your mover must bill for the payment of the balance of any remaining
charges after 30 days from delivery.
PART E - PICKUP OF MY SHIPMENT OF HOUSEHOLD GOODS
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 USDOT 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:
- The agreed-upon pickup date and agreed delivery date of your move.
- The agreed-upon period(s) of the entire move.
- 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 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 STB'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 records of an order for service 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
chargves 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 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 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 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:
- The binding or non-binding estimate.
- The order for service.
- 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 under the mover's tariffs based upon weight, your
mover must determine the weight of the shipment. 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. If your mover is transporting your
shipment based upon the volume of the shipment - that is, a set number of
cubic feet (or yards or meters) - the weight of the shipment likewise 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 Moving Companies have a minimum weight or volume 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 - 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 - 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 - 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
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 reweighing. 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, noncertified scale. You should demand your right to
have a certified scale used. The use of a noncertified scale may cause you
to pay a higher final bill for your move, if the noncertified scale does
not accurately weigh your shipment. Remember that certified scales are
inspected and approved for accuracy by a government inspection or
licensing agency. Noncertified 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 reweigh of your shipment. If you
believe the weight is not accurate, you have the right to request your
mover reweigh your shipment before unloading.
You have the right, and your mover must inform you of your right, to
observe all reweighings of your shipment. Your mover must tell you where
and when each reweighing will occur. Your mover must give you a reasonable
opportunity to be present to observe the reweighings.
You may waive your right to observe any reweighing; 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 reweighing. If the
weight of your shipment at the time of the reweigh is different from the
weight determined at origin, your mover must recompute the charges based
upon the reweigh weight.
Before requesting a reweigh, 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 reweigh 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 or volume and charges
upon 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, 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 things:
- 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.
PART F - TRANSPORTATION OF MY SHIPMENT
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 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, 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. Your mover must furnish a copy of the
notification to you either by first class mail or in person, if you
request a copy of the notice.
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 Moving Companies 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. Your mover 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 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. The Federal Motor Carrier Safety Administration (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, and find out
what payment you can expect if a mover delays service through its own
fault, before you agree with the mover to transport your shipment.
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 redelivery, 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 nine-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 10 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 facsimile transmission; overnight
courier; e-mail; or certified mail, return receipt requested.
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.
PART G - DELIVERY OF MY SHIPMENT
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. 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. 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 Moving Companies 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?
Moving Companies 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.
For example, if you pack a hazardous material (i.e., gasoline, aerosol
cans, motor oil, etc.) 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.
Your mover may first collect its freight charges for the entire
shipment, if your mover chooses. 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.
PART H - COLLECTION OF CHARGES
Does this part 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 Moving Companies to use a copy of
the bill of lading as a freight bill; however, some Moving Companies 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.
Moving Companies' 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 Moving Companies 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.
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.
Moving Companies 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 a refund made. 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
received the shipment. This period excludes Saturdays, Sundays, and
Federal holidays.
On "collect" shipments, your mover must present its freight bill for
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 charges exceeding 110 percent of a non-binding
estimate, and for additional services requested or found necessary after
the shipment is in transit, will be presented no sooner than 30 days after
the date of delivery.)
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 all 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 charges exceeding 110
percent of a non-binding estimate, and for additional services requested
or found necessary after the shipment is in transit, will be presented no
sooner than 30 days after the date of delivery.)
What actions may my mover take to collect from me the charges upon
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 charges exceeding 110 percent of
a non-binding estimate, and for additional services requested or found
necessary after the shipment is in transit, will be presented no sooner
than 30 days after the date of delivery.)
The credit period must be 7 days (excluding Saturdays, Sundays, and
Federal holidays).
Your mover must provide in its tariffs the following three things:
- A provision automatically extending the credit period to a total of
30 calendar days for you if you have not paid its freight bill within
the 7-day period.
- 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, but only in either of two circumstances. You may be
entitled to attorney's fees if you submitted your claim to the carrier
within 120 days after delivery, and a decision was not rendered through
arbitration within the time required by law. You also may be entitled to
attorney's fees if you submitted your claim to the carrier within 120 days
after delivery, the court enforced an arbitration decision in your favor,
and the time for the carrier to comply with the decision has passed.
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 the Federal Motor Carrier Safety
Administration. You may also obtain the name of a process agent via the
Internet by going to http://www.fmcsa.dot.gov
In addition, your mover must participate in an arbitration program. As
described earlier in this pamphlet, an arbitration program gives you the
opportunity to settle certain types of unresolved loss or damage claims
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 details of its
program.
PART I - RESOLVING DISPUTES WITH MY MOVER
What may I do to resolve disputes with my mover?
The Federal Motor Carrier Safety Administration does not help you
settle your dispute with your 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 things:
- 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.
If your mover holds your goods "hostage" - refuses delivery unless you
pay an amount you believe the mover is not entitled to charge - the
Federal Motor Carrier Safety Administration does not have the resources to
seek a court injunction on your behalf.