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momento, la siguiente información está disponible
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Prepared By The Federal Highway
Administration (FHWA)
Furnished BY YOUR
MOVER
OCE-100
TARIFF INSPECTION
AND
INCORPORATION NOTICE
Federal law requires that movers
advise shippers that they may inspect the tariffs that govern your shipment.
Carriers' tariffs, by this reference, are made a part of the contract
of carriage (bill of lading) between you and the carrier and may be inspected
at carrier's facility, or, on request, carrier will furnish a copy of
any tariff provision containing carrier's rates, rules or charges governing
your shipment, the terms of which cannot be varied.
Incorporated tariff provisions
include but are not limited to those: (1.) establishing limitation of
carrier's liability, the principal features of which are described in
the valuation declaration section of the bill of lading; (2.) setting
the time periods for filing claims, the principal features of which are
described in Section 6 of the bill of lading; and, (3.) reserving the
carrier's right to assess additional charges for additional services performed
and, on non-binding estimates, to base charges upon the exact weight of
the goods transported.
INTRODUCTION
The Federal Highway Administration
(FHWA) regulations protect consumers on interstate moves and define the
rights and responsibilities of consumers and household goods carriers
(movers).
The mover gives you this pamphlet
to provide information about your rights and responsibilities as a shipper
of household goods. You should talk to your mover if you have further
questions. The mover will also furnish you with a pamphlet describing
its procedures for handling your questions and complaints. The pamphlet
will include a number you can call to obtain additional information about
your move.
ESTIMATES
Although movers are not required
to give estimates, most movers do provide estimates when requested. There
are two types of estimates, binding and non-binding.
BINDING ESTIMATES OF TOTAL
COST
The mover may charge you for providing
a binding estimate which must clearly describe the shipment and all services
provided.
When you receive a binding estimate,
you cannot be required to pay any more than that amount. However, if you
have requested the mover to provide more services than those included
in the estimate, such as destination charges (i.e., long carry charges,
shuttle charges, extra stair carry charges, or elevator charges) often
not known at origin, the mover may demand full payment for those added
services at time of delivery.
To be effective, a binding estimate
must be in writing and a copy must be made available to you before your
move.
If you agree to a binding estimate,
you are responsible for paying the charges due by cash, certified check,
traveler's check, or bank check (one drawn by a bank on itself and signed
by an officer of the bank) at time of delivery unless the mover agrees
before you move to extend credit or to accept payment by charge card.
If you are unable to pay at the time the shipment is delivered, the mover
may place your shipment in storage at your expense until the charges are
paid.
NON-BINDING ESTIMATES OF APPROXIMATE
COST
The mover is not permitted to
charge for giving a non-binding estimate.
A non-binding estimate is not
a bid or contract. It is provided by the mover to give you a general idea
of the cost of the move, but it does not bind the mover to the estimated
cost. Furthermore, it is not a guarantee that the final cost will not
be more than the estimate. The actual cost will be in accordance with
the mover's published tariffs. All movers are legally obligated to collect
no more and no less than the charges shown in their tariffs regardless
of prior rate quotations contained in non-binding estimates. The charges
contained in the tariffs are essentially the same for the same weight
shipment moving the same distance. If you obtain differing (non-binding)
estimates from different movers, you will be obligated to pay only the
amount specified in the tariff. Therefore, a non-binding estimate may
have no effect on the amount you will have to pay.
Non-binding estimates must be
in writing and clearly describe the shipment and all services provided.
Any time a mover provides such an estimate the amount of the charges estimated
must be on the order for service and bill of lading relating to your shipment.
If you are given a non-binding estimate, do not sign or accept the order
for service or bill of lading unless the amount estimated is entered on
each form when prepared by the mover.
If you are given a non-binding
estimate, the mover cannot require you to pay more than the amount of
the original estimate, plus 10 percent, at time of delivery. You will
then have at least 30 days after delivery to pay any remaining charges.
IF YOU REQUEST THE MOVER TO
PROVIDE MORE SERVICES THAN THOSE INCLUDED IN THE ESTIMATE, THE MOVER MAY
DEMAND FULL PAYMENT FOR THOSE ADDED SERVICES AT TIME OF DELIVERY.
SPACE RESERVATIONS, EXPEDITED
SERVICE, EXCLUSIVE USE OF A VEHICLE AND GUARANTEED PICKUP AND DELIVERY
It is customary for movers to
offer price and service options. The total cost of your move may be increased
if you want additional or special services. Before you agree to have your
shipment moved under a bill of lading providing special service, you should
have a clear understanding with the mover what the additional cost will
be. You should always consider that you may find other movers who can
provide the service you require without requiring that you pay the additional
charges.
One service option is a SPACE
RESERVATION. If you agree to have your shipment transported under
a space reservation agreement, you are required to pay for a minimum number
of cubic feet of space in the moving van regardless of how much space
in the van is actually occupied by your shipment.
A second service option is EXPEDITED
SERVICE to aid shippers who must have their shipments transported
on or between specific dates which the mover could not ordinarily agree
to do in its normal operations.
Another customary service option
is EXCLUSIVE USE OF A VEHICLE. If for any reason you desire or
require that your shipment be moved by itself on the mover's truck or
trailer, most movers will provide such service.
Still another service option is
GUARANTEED SERVICE ON OR BETWEEN AGREED DATES. You enter into an
agreement with the mover that provides for your shipment to be picked
up, transported to destination and delivered on specific guaranteed dates.
If the mover fails to provide the service as agreed, you are entitled
to be compensated at a predetermined amount or a daily rate (per diem)
regardless of the expense you actually might have incurred as a result
of the mover's failure to perform.
Before requesting or agreeing
to any of these price and service options, be sure to ask the mover's
representatives about the final costs you will be required to pay.
TRANSPORT OF SHIPMENTS ON TWO
OR MORE VEHICLES
Although all movers try to move
each shipment on one truck it becomes necessary at times to divide a shipment
among two or more trucks. This may occur if the mover has underestimated
the cubic feet of space required for your shipment, with the consequence
that it will not all fit on the first truck. The remainder or "leave
behind" will be picked up by a second truck at a later time and may
arrive at the destination at a later time than the first truck. When this
occurs, your transportation charges will be determined as if the entire
shipment moved on one truck.
If it is important for you to
avoid the inconvenience of a "leave behind," be sure that your
estimate includes an accurate calculation of the cubic feet required for
your shipment. Ask your estimator to use a "Table of Measurements"
form in making this calculation. Consider asking for a binding estimate,
which is more likely to be conservative with regard to cubic feet than
non-binding estimates. If the mover offers the service, consider making
a space reservation for the necessary amount of space plus some margin
of error. In any case, it is prudent to "prioritize" your goods
in advance of the move so that the more essential items will be loaded
on the first truck if some are left behind.
ORDER FOR SERVICE
Moving companies are required
to prepare an order for service on every shipment transported for an individual
shipper. You are entitled to a copy of the order for service when it is
prepared.
The order for service is not a
contract. Should your move be canceled or delayed or if you decide not
to use the mover, you should promptly cancel the order.
Should there be any change in
the dates on which you and the mover agreed that your shipment will be
picked up and delivered, or any change in the non-binding estimate, the
mover may prepare a written change to the order for service. The written
change should be attached to the order for service. You and the mover
must sign the order for service.
BILL OF LADING
The bill of lading is the contract
between you and the mover. The mover is required by law to prepare a bill
of lading for every shipment it transports. The information on the
bill of lading is required to be the same information shown on the order
for service. The driver who loads your shipment must give you a copy
of the bill of lading before loading your furniture.
IT IS YOUR RESPONSIBILITY TO
READ THE BILL OF LADING BEFORE YOU ACCEPT IT.
The bill of lading requires the
mover to provide the service you have requested, and you must pay the
charges for the service.
THE BILL OF LADING IS AN IMPORTANT
DOCUMENT. DO NOT LOSE OR MISPLACE YOUR COPY. Have it available until
your shipment is delivered, all charges are paid and all claims, if any,
are settled.
INVENTORY
At the time the mover's driver
loads your shipment, he or she, although not required to do so, usually
inventories your shipment listing any damage or unusual wear. The purpose
is to make a record of the condition of each item. If the driver does
not make an inventory, you should make one yourself.
After completing the inventory,
the driver will usually sign each page and ask you to sign each page.
It is important before signing that you make sure that the inventory lists
every item in your shipment and that the entries regarding the condition
of each item are correct. You have the right to note any disagreement.
When your shipment is delivered, if an item is missing or damaged, your
ability to recover from the mover for any loss or damage may depend on
the notations made.
The driver will give you a copy
of each page of the inventory. Attach the complete inventory to your copy
of the bill of lading. It is your receipt for the goods.
At the time your shipment is delivered,
it is your responsibility to check the items delivered against the items
listed on your inventory. If new damage is discovered, make a record of
it on the inventory form. Call the damage to the attention of the driver
and request that a record of the damage be made on the driver's copy of
the inventory.
After the complete shipment is
unloaded, the driver will request that you sign the driver's copy of the
inventory to show that you received the items listed. Do not sign until
you have assured yourself that it is accurate and that proper notations
have been entered regarding any missing or damaged items. When you sign
the inventory, you are giving the driver a receipt for your goods.
SHIPMENTS SUBJECT TO MINIMUM
WEIGHT OR VOLUME CHARGES
Movers usually have a minimum
weight or volume charge for transporting a shipment. Usually the minimum
is the charge for transporting a shipment of at least 1,000 pounds (454
kilograms).
If your shipment appears to weigh
less than the mover's minimum weight, the mover is required to advise
you on the order for service of the minimum cost before agreeing to transport
the shipment. Should the mover fail to advise you of the minimum charges
and your shipment is less than the minimum weight, the final charges must
be based on the actual weight instead of the minimum weight.
DETERMINING THE WEIGHT OF YOUR
SHIPMENT
If charges are to be based upon
the weight of the shipment, the mover is required to weigh the shipment.
Unless your shipment weighs less than 1,000 pounds (454 kilograms) and
can be weighed on a warehouse platform scale, the mover is required to
determine the weight of your shipment by one of the following processes.
ORIGIN WEIGHING - If your
shipment is weighed in the city or area from which you are moving, the
driver is required to weigh the truck on which the shipment is to be transported
before coming to your residence. This is called the tare weight.
At the time of this first weighing the truck may already be partially
loaded with one or more other shipments. This will not affect the weight
of your shipment. The truck should also contain the pads, dollies, hand-trucks,
ramps, and other equipment normally used in the transportation of household
goods shipments.
After loading, the truck will
be weighed again to obtain the loaded weight, called the gross weight.
The net weight of your shipment is then obtained by subtracting the
tare weight from the gross weight.
DESTINATION WEIGHING -
The mover is also permitted to determine the weight of your shipment at
the destination at the time of unloading. The fact that a shipment is
weighed at the destination instead of at the origin will not affect the
accuracy of the weight of your shipment. THE MOST IMPORTANT DIFFERENCE
IS THAT THE MOVER WILL NOT BE ABLE TO DETERMINE THE EXACT CHARGES ON YOUR
SHIPMENT BEFORE IT IS UNLOADED.
Destination weighing is done in
reverse of origin weighing. After arriving in the city or area to which
you are moving, the driver will weigh the truck, with your shipment loaded
on it, to obtain the gross weight before coming to your new residence
to unload. After unloading your shipment, the driver will again weigh
the truck to obtain the tare weight. The net weight of your shipment will
then be obtained by subtracting the tare weight from the gross weight.
Each time a weighing is performed
the driver is required to obtain a weight ticket showing the date and
place of weighing and the weight obtained. The ticket must also have your
name and shipment number entered on it, along with the identification
(I.D.) numbers of the truck. The ticket must be signed by the person who
performed the weighing. If both the empty (tare) and loaded (gross) weighings
are performed on the same scale, the record of both weighings may be entered
on one weight ticket.
At the time the mover gives you
the freight bill to collect the charges, a copy of every weight ticket
relating to your shipment must accompany your copy of the freight bill.
You have the right to observe
every weighing. The mover is required to inform you of the specific location
of each scale that will be used and to allow you a reasonable opportunity
to be present. If you desire to observe either or both of the weighings,
you should tell the mover at the time the order for service is prepared
or, in any event, before the date of your move. This will enable the mover
to contact you before the weighing to advise you of the location of the
scale.
REWEIGHING OF SHIPMENTS
If your shipment is weighed at
origin and you agree with the mover that you will pay the charges at time
of delivery, the mover is required to give you written notice of the weight
and charges on your shipment before commencing to unload at your destination
residence. If you believe that the weight is not accurate, you have the
right to request that the shipment be reweighed before unloading.
The mover is not permitted to
charge for the reweighing. If the weight of your shipment at the time
of the reweigh is different from the weight determined at origin, the
mover must recompute the charges based on the reweigh weight.
Before requesting a reweigh, you
may find it to your advantage to estimate the weight of your shipment
using the following method:
- Count the number of items in
your shipment. Usually there will be either 30 or 40 items listed on
each page of the inventory. For example, if there are 30 items per page
and your inventory consists of four complete pages and a fifth page
with 15 items listed, the total number of items will be 135. If an
automobile is listed on the inventory do not include that item in the
count of the total items.
- Subtract the weight of any
automobile included in your shipment from the total weight of the shipment.
If the automobile was not weighed separately, its weight can be found
on its title or license receipt.
- Divide the number of items
in your shipment into the weight. If the average weight resulting from
this exercise ranges between 35 and 45 pounds (16 and 20 kilograms)
per article, it is unlikely that a reweigh will prove beneficial to
you and could result in your paying higher charges.
Experience has shown that the
average shipment of household goods will weigh about 40 pounds (18 kilograms)
per item. If a shipment contains a large number of heavy items, such as
cartons of books, boxes of tools or heavier than average furniture, the
average weight per item may be 45 pounds (20 kilograms) or more.
PICKING UP AND DELIVERING SHIPMENTS
ON THE AGREED DATES
You and your mover must reach
agreement as to when your shipment is to be picked up and delivered. It
is your responsibility to determine on what date, or between what dates,
you need to have the shipment picked up and on what date or between what
dates, you require delivery. It is the mover's responsibility to tell
you if the service can be provided on or between those dates or, if not,
on what other dates the service can be provided.
In the process of reaching an
agreement with a mover, it may be necessary for you to alter your moving
and travel plans if no mover can provide service on the specific dates
you desire. Do not agree to have your shipment picked up or delivered
as soon as possible. The dates or periods of time you and the mover agree
on should be definite.
Once an agreement is reached,
the mover is required to enter those dates on the order for service and
the bill of lading.
Once your goods are loaded, the
mover is contractually bound to provide the service described in the bill
of lading. The only defense for not providing the service on the dates
called for is the "defense of force majeure." This is a legal
term which means that if circumstances which could not have been foreseen
and which are beyond the control of the mover prevent the performance
of the service as agreed to in the bill of lading, the mover is not responsible
for damages resulting from the nonperformance.
If, after an order for service
is prepared, the mover is unable to make pickup or delivery on the agreed
dates, the mover is required to notify you by telephone, telegram or in
person. The mover must at that time tell you when your shipment can be
picked up or delivered. If for any reason you are unable or unwilling
to accept pickup or delivery on the dates named by the mover, you should
attempt to reach agreement on an alternate date.
The establishment of a delayed
pickup or delivery date does not relieve the mover from liability for
damages resulting from the failure to provide service as agreed. However,
when you are notified of alternate delivery dates it is your responsibility
to be available to accept delivery on the dates specified. If you are
not available and willing to accept delivery, the mover has the right
to place your shipment in storage at your expense or hold the shipment
on its truck and assess additional charges.
If after the pickup of your shipment,
you request the mover to change the delivery date, most movers will agree
to do so providing your request will not result in unreasonable delay
to their equipment or interfere with another customer's move. However,
the mover is not required to consent to amended delivery dates and has
the right to place your shipment in storage at your expense if you are
unwilling or unable to accept delivery on the date agreed to in the bill
of lading.
If the mover fails to pick up
and deliver your shipment on the dates entered on the bill of lading and
you have expenses you otherwise would not have had, you may be able to
recover those expenses from the mover. This is what is called an inconvenience
or delay claim. Should a mover refuse to honor such a claim and you continue
to believe that you are entitled to be paid damages, you may sue the mover.
The FHWA has no authority to order the mover to pay such claims.
While it is hoped that your shipment
will not be delayed, you should consider this possibility and find out
before you agree for a mover to transport your shipment what payment you
can expect if the service is delayed through the fault of the mover.
NOTIFICATION OF CHARGES
You must advise the mover at the
time you make the arrangements for the move if you wish to be notified
of the weight and charges. You are required to give the mover a telephone
number or address at which the notification will be received.
The mover must notify you of the
charges at least one 24-hour weekday prior to the delivery, unless the
shipment is to be delivered the day after pickup. The 24-hour requirement
does not apply when you obtain an estimate of the costs prior to the move
or when the shipment is to be weighed at the destination.
RECEIPT FOR DELIVERY OF THE
SHIPMENT
At the time of delivery, the mover
expects you to sign a receipt for your shipment. This is usually accomplished
by having you sign each page of the mover's copy of the inventory.
Movers are prohibited from having
you sign a receipt which relieves the mover from all liability for loss
or damage to the shipment. Do not sign any receipt which does not provide
that you are signing for your shipment in apparent good condition except
as noted on the shipping documents.
THE MOVER'S LIABILITY FOR LOSS
AND DAMAGE
All moving companies are required
to assume liability for the value of the goods which they transport. However,
there are different levels of liability, and consumers should be aware
of the amount of protection provided and the charges for each option.
Basically, most movers offer four
different levels of liability under the terms of their tariffs and pursuant
to the Surface Transportation Board's Released Rates Orders which govern
the moving industry.
OPTION 1: RELEASED VALUE
This is the most economical protection
option available. This no additional-cost option provides minimal protection.
Under this option, the mover assumes liability for no more than 60 cents
per pound ($1.32 per kilogram), per article. Loss or damage claims are
settled based on the pound weight of the article multiplied by 60 cents
(or the kilogram weight multiplied by $1.32). For example, if a 10-pound
(4.54 kilogram) stereo component, valued at $1,000 were lost or destroyed,
the mover would be liable for no more than $6.00. Obviously, the shipper
should think carefully before agreeing to such an arrangement. There is
no extra charge for this minimal protection, but you must sign a specific
statement on the bill of lading agreeing to it.
OPTION 2: DECLARED VALUE
Under this option, the valuation
of your shipment is based on the total weight of the shipment times $1.25
per pound ($2.75 per kilogram). For example, a 4,000-pound shipment (1814.4
kilogram) would have a maximum liability value of $5,000.00. Any loss
or damage claim under this option is settled based on the depreciated
value of the lost or damaged item(s) up to the maximum liability value
based on the weight of the entire shipment. Under this option, if you
shipped a 10-pound (4.54 kilogram) stereo component that originally cost
$1,000, the mover would be liable for up to $1,000, based on the depreciated
value of the item.
Unless you specifically agree
to other arrangements, the mover is required to assume liability for the
entire shipment based on this option. Also, the mover is entitled to charge
you $7.00 for each $1,000 (or fraction thereof) of liability assumed for
shipments transported under this option. In the example above, the valuation
charge for a shipment valued at $5,000 would be $35.00. Under this option,
your shipment is protected based on its depreciated value, and the mover
is entitled to charge you a fee for this extra protection.
OPTION 3: LUMP SUM VALUE
Under this option, which is similar
to Option 2, if the value of your shipment exceeds $1.25 per pound ($2.75
per kilogram) times the weight of the shipment, you may obtain additional
liability protection from the mover. You do this by declaring a specific
dollar value for your shipment. The amount you declare must exceed $1.25
per pound ($2.75 per kilogram) times the weight of the shipment. The amount
of value that you declare is subject to the same valuation charge ($7.00
per $1,000) as described in OPTION 2. For example, if you declare that
your 4,000-pound (1814.4 kilogram) shipment is worth $10,000 (instead
of the $5,000 under OPTION 2), the mover will charge you $7.00 for each
$1,000 of declared value, or $70.00, for this increased level of liability.
If you ship articles that are unusually expensive, you may wish to declare
this extra value. You must make this declaration in writing on the bill
of lading.
OPTION 4: FULL VALUE PROTECTION
Many movers offer a fourth level
of added-value protection, often referred to as "full value protection"
or "full replacement value." If you elect to purchase full value
protection, articles that are lost, damaged or destroyed will be either
repaired, replaced with like items, or a cash settlement will be made
for the current market replacement value regardless of the age of the
lost or damaged item. Unlike the other options, depreciation of the lost
or damaged item is not a factor in determining replacement value when
the shipment is moved under full value protection.
The cost for full value protection
is approximately $8.50 per $1,000 of declared value; however, the minimum
value declared must be equal to the weight of the shipment multiplied
by $3.50 per pound ($7.70 per kilogram), which is further subject to a
minimum declaration of $21,000.
For example, if your shipment
weighs 5,000 pounds (2,268 kilograms), the minimum declared value must
be at least $21,000. The exact cost for full value protection may vary
by mover and may be further subject to various deductible levels of liability
which may reduce your cost. Ask your mover for the details of its specific
plan.
Under these four options, movers
are permitted to limit their liability for loss or damage to articles
of extraordinary value, unless you specifically list these articles on
the shipping documents. An article of extraordinary value is any item
whose value exceeds $100 per pound ($220 per kilogram). Ask your mover
for a complete explanation of this limitation before you move. It is your
responsibility to study this provision carefully and to make the necessary
declaration.
These optional levels of liability
are not insurance agreements which are governed by State insurance laws,
but instead are authorized under Released Rates Orders of the Surface
Transportation Board of the U.S. Department of Transportation. In addition
to these options, some carriers may also offer to sell, or procure for
you, separate liability insurance from a third-party insurance company
when you release your shipment for transportation at the minimum released
valuation of 60 cents per pound ($1.32 per kilogram) per article (Option
1). This is not valuation coverage governed by Federal law, but optional
insurance that is regulated under State law. If you purchase this separate
coverage, in the event of loss or damage which is the responsibility of
the mover, the mover is liable only for an amount not exceeding 60 cents
per pound ($1.32 per kilogram) per article, and the balance of the loss
is recoverable from the insurance company up to the amount of insurance
purchased. The mover's representative can advise you of the availability
of such liability insurance and the cost.
If you purchase liability insurance
from or through your mover, the mover is required to issue a policy or
other written record of the purchase and to provide you with a copy of
the policy or other document at the time of purchase. If the mover fails
to comply with this requirement, the mover becomes fully liable for any
claim for loss or damage attributed to its negligence.
COMPLAINTS AND INQUIRIES ABOUT
THE MOVER'S SERVICE
All movers are expected to respond
promptly to complaints or inquiries from their customers. Should you have
a complaint or question about your move, you should first attempt to obtain
a satisfactory response from the mover's local agent, the sales representative
who handled the arrangements for your move, or the driver assigned to
your shipment.
If for any reason you are unable
to obtain a satisfactory response from one of these persons, you should
then contact the mover's principal office. When you make such a call,
be sure to have available your copies of all the documents relating to
the move. Particularly important is the number assigned to your shipment
by the mover.
Interstate movers are also required
to offer neutral arbitration as a means of resolving consumer disputes
involving loss or damage on collect on delivery (COD) shipments. Your
mover is required to provide you with information regarding its arbitration
program.
All interstate moving companies
are required to maintain a complaint and inquiry procedure to assist their
customers. At the time you make the arrangements for your move, you should
ask the mover's representative for a description of the mover's procedure,
the telephone number to be used to contact the carrier and whether the
mover will pay for such telephone calls.
PAYMENTS
PAYMENT OF THE TRANSPORTATION
CHARGES
At the time for payment of transportation
charges, the mover is required to give you a freight bill identifying
the service provided and the charge for each service. It is customary
for most movers to use a copy of the bill of lading as a freight bill;
however, some movers use an entirely separate document for this purpose.
Except in those instances where
a shipment is moving on a binding estimate, the freight bill must specifically
identify each service performed, the rate per unit for each service, and
the total charges for each service. Do not accept or pay a freight
bill which does not contain this information.
If your shipment was transported
on a collect on delivery (COD) basis, you will be expected to pay the
total charges appearing on the freight bill at the time of delivery unless
the mover provided a non-binding estimate of approximate cost and the
total charges for the services included in the estimate exceed 110 percent
of the estimated charges.
It is customary for movers to
provide in their tariffs that freight charges must be paid in cash, by
certified check, traveler's check, or bank check (one drawn by a bank
on itself and signed by an officer of the bank). When this requirement
exists, the mover will not accept personal checks. At the time you make
arrangements for your move, you should ask the mover about the form of
payment that is acceptable.
Some movers permit payment of
freight charges by use of a charge card. However, do not assume that because
you have a nationally recognized charge or credit card that it will be
acceptable for payment. Ask the mover at the time the arrangements are
made.
If you do not pay the transportation
charges at the time of delivery the mover has the right under the bill
of lading to refuse to deliver your goods. The mover may place them in
storage at your expense until the charges are paid.
If, before payment of the transportation
charges, you discover an error in the charges, you should attempt to correct
the error with the driver, the mover's local agent, or by contacting the
mover's main office. If an error is discovered after payment, you should
write the mover (the address will be on the freight bill) explaining the
error and request a refund.
Movers customarily check all shipment
files and freight bills after a move has been completed to make sure the
charges were accurate. If an overcharge is found, you will be notified
and a refund made. If an undercharge occurred, you will be billed for
the additional charges due.
PAYMENT OF THE TRANSPORTATION
CHARGES ON SHIPMENTS TRANSPORTED ON TWO MORE VEHICLES
Although all movers try to move
each shipment on one truck it becomes necessary at times to divide a shipment
among two or more trucks. This frequently occurs when an automobile is
included in the shipment and it is transported on a vehicle specially
designed to transport automobiles. When this occurs your transportation
charges are the same as if the entire shipment moved on one truck.
If your shipment is divided for
transportation on two or more trucks, the mover can require payment for
each portion as it is delivered.
Movers are also permitted, but
not required, to delay the collection of all the charges until the entire
shipment is delivered. At the time you make the arrangements for your
move, you should ask the mover about its policies in this respect.
PAYMENT OF TRANSPORTATION CHARGES
ON SHIPMENTS LOST OR DESTROYED IN TRANSIT
Movers customarily make every
effort to assure that while your shipment is in their possession for transportation,
no items are lost, damaged or destroyed. However, despite the precautions
taken, articles are sometimes lost or destroyed during the move.
In addition to any money you may
recover from the mover to compensate for lost or destroyed articles, you
are also entitled to recover the transportation charges represented by
the portion of the shipment lost or destroyed.
On shipments with partial loss
or destruction of goods, the transportation charges must be paid. The
mover will then return proportional freight charges at the time loss and
damage claims are processed. Should your entire shipment be lost or destroyed
while in the mover's possession, the mover cannot require you to pay any
of the charges except the amount you have paid or agreed to pay for added
liability protection. The fact that you do not pay any transportation
charges does not affect any right you may have to recover reimbursement
for the lost or destroyed articles providing you pay the charges for added
liability protection.
FILING OF CLAIMS FOR LOSS AND
DAMAGE OR DELAY AND DISPUTE RESOLUTION PROGRAMS
Should your move result in loss
or damage to any of your property, you have the right to file a claim
with the mover to recover money for such loss or damage.
You have nine months following
either the date of delivery, or the date on which the shipment should
have been delivered, to file a claim. However, you should file a claim
as soon as possible. If you fail to file a claim within 120 days following
delivery and later bring a legal action against the mover to recover the
damages, you may not be able to recover your attorney fees even though
you win the court action.
While the Federal Government maintains
regulations governing the processing of loss and damage claims, it cannot
resolve those claims. If you cannot settle a claim with the mover, you
may file a civil action to recover in court. In this connection, you may
obtain the name and address of the mover's agent for service of legal
process in your State by contacting the FHWA.
In addition, interstate movers
are required to participate in a Dispute Resolution Program which provides
that certain types of unresolved loss or damage claims must be submitted
to a neutral arbitrator for resolution. You may find submitting your claim
to arbitration under such a program to be a less expensive and more convenient
way to seek recovery of your claim. Movers are required to advise all
COD shippers of the existence and details of the arbitration program before
they accept a shipment to be transported. If the mover does not provide
you with information about a dispute resolution program before you move,
ask the mover for the details of the program.
CONCLUSION
Should you have any questions
about your move which are not answered in this pamphlet, do not hesitate
to ask the mover's representative who handled the arrangements for your
move, the driver who transports your shipment, or the mover's main office
for additional information.
For further advice
or assistance, contact the Federal Highway Administration:
LICENSING &
INSURANCE DIVISION (HIA-30)
OFFICE OF MOTOR CARRIER AND HIGHWAY SAFETY INFORMATION ANALYSIS
FEDERAL HIGHWAY ADMINISTRATION
400 VIRGINIA AVENUE, SW
WASHINGTON, DC 20024
1-888-DOT-SAFT
GLOSSARY OF MOVING TERMINOLOGY
ACCESSORIAL (ADDITIONAL) SERVICES
- services such as packing, appliance servicing, unpacking, or piano stair
carries that you request to be performed (or are necessary because of
landlord requirements or other special circumstances). Charges for these
services are in addition to the transportation charges.
ADVANCED CHARGES - charges
for services not performed by the mover but instead by a professional,
craftsman or other third party at your request. The charges for these
services are paid for by the mover and added to your bill of lading charges.
AGENT - a local moving
company authorized to act on behalf of a larger, national company.
APPLIANCE SERVICE - preparation
of major electrical appliances to make them safe for shipment.
BILL OF LADING - the receipt
for your goods and the contract for their transportation. It is your responsibility
to understand the bill of lading before you sign it. If you do not agree
with something on the bill of lading, do not sign it until you are satisfied
that it is correct. The bill of lading is an important document. Don't
lose or misplace your copy.
BINDING/NON-BINDING ESTIMATE
- a binding estimate is an agreement made in advance with the mover that
guarantees the total cost of the move based on the quantities and services
shown on the estimate. A non-binding estimate is the carrier's approximation
of the cost based on the estimated weight of the shipment and the accessorial
services requested. A non-binding estimate is not binding on the carrier
and the final charges will be based on the actual weight and tariff provisions
in effect.
CARRIER - the mover providing
transportation of your household goods.
C.O.D. - transportation
for an individual shipper for which payment is required at the time of
delivery at the destination residence (or warehouse).
EXPEDITED SERVICE - an
agreement with the mover to perform transportation by a set date in exchange
for charges based on a higher minimum weight.
FLIGHT CHARGE - an extra
charge for carrying items up or down flights of stairs.
GUARANTEED PICKUP AND DELIVERY
SERVICE - an additional level of service whereby dates of service
are guaranteed, with the mover proving reimbursement for delays. This
premium service is often subject to minimum weight requirements.
HIGH VALUE ARTICLE - items
included in a shipment that are valued at more than $100 per pound.
INVENTORY - the detailed
descriptive list of your household goods showing the number and condition
of each item.
LINEHAUL CHARGES - charges
for the vehicle transportation portion of your move. These charges apply
in addition to the additional service charges.
LONG CARRY - an added charge
for carrying articles excessive distances between the mover's vehicle
and your residence.
ORDER FOR SERVICE - the
document authorizing the mover to transport your household goods.
ORDER (BILL OF LADING) NUMBER
- the number used to identify and track your shipment.
PEAK SEASON RATES - higher
linehaul charges that are applicable during the summer months.
PICKUP AND DELIVERY CHARGES
- separate transportation charges applicable for transporting your shipment
between the SIT warehouse and your residence.
SHUTTLE SERVICE - use of
a smaller vehicle to provide service to residences that are not accessible
to the mover's normal, larger linehaul equipment.
STORAGE-IN-TRANSIT (SIT)
- temporary warehouse storage of you shipment pending further transportation,
for example, if your new home isn't quite ready to occupy. You must specifically
request SIT service, which may not exceed a total of 90 days of storage,
and you will be responsible for the added charges for SIT service, as
well as the warehouse handling and final delivery charges.
TARIFF - the mover's required,
published price list of rules, regulations, rates and charges for the
performance of interstate moving services.
VALUATION - the degree
of "worth" of the shipment. The valuation charge compensates
the mover for assuming a greater degree of liability than that provided
for in the base transportation charges.
WAREHOUSE HANDLING - an
additional charge applicable each time SIT service is provided. This charge
compensates the mover for the physical placement and removal of items
within the warehouse.
POINTS TO REMEMBER
-
- Movers may give binding estimates.
- Non-binding estimates may not
be accurate; actual charges may often exceed the estimate.
- Specify pickup and delivery
dates in the order for service.
- The Bill of Lading is
your contract with the mover... READ IT CAREFULLY... If you have any
questions ask your mover.
- Be sure that you understand
the extent of your mover's liability for loss and damage.
- You have the right to be present
each time your shipment is weighed.
- You may request a reweigh of
your shipment.
- If you have moved on a non-binding
estimate, you should have enough cash or a certified check to pay the
estimated cost of your move plus 10 percent more at time of delivery.
- Unresolved claims for loss
or damage may be submitted to arbitration; ask your mover for details.
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