Your Rights
and Responsibilities.
YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU
MOVE
When you move your moving company must
furnish you this document as required by
49 CFR 375.213.
OMB No. 2126-0025.
Furnished by Your Mover, as Required by
Federal Law.
Authority: 49 U.S.C. 13301, 13704, 13707,
and 14104; 49 CFR 1.73.
WHAT IS INCLUDED IN THIS PAMPHLET?
In this pamphlet, you will find a discussion
of each of these topics:
- Why Was I Given This Pamphlet?
- What Are the Most Important Points
I Should Remember From This Pamphlet?
- What If I Have More Questions?
SUBPART A - GENERAL REQUIREMENTS
- Who must follow the regulations?
- What definitions are used in this pamphlet?
SUBPART 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?
- What actions by me limit or reduce
my mover's normal liability?
- What are dangerous or hazardous materials
that may limit or reduce my mover's normal
liability?
- May my mover have agents?
- What items must be in my mover's advertisements?
- How must my mover handle complaints
and inquiries?
- Do I have the right to inspect my mover's
tariffs (schedules of charges) applicable
to my move?
- Must my mover have an arbitration program?
- Must my mover inform me about my rights
and responsibilities under Federal law?
- What other information must my mover
provide to me?
- How must my mover collect charges?
- May my mover collect charges upon delivery?
- May my mover extend credit to me?
- May my mover accept charge or credit
cards for my payments?
SUBPART C - SERVICE OPTIONS PROVIDED
- What service options may my mover provide?
- If my mover sells liability insurance
coverage, what must my mover do?
SUBPART D - ESTIMATING CHARGES
- Must my mover estimate the transportation
and accessorial charges for my move?
- How must my mover estimate charges under
the regulations?
- What payment arrangements must my mover
have in place to secure delivery of my
household goods shipment?
SUBPART E - PICKUP OF MY SHIPMENT OF HOUSEHOLD
GOODS
- Must my mover write up an order for
service?
- Must my mover write up an inventory
of the shipment?
- Must my mover write up a bill of lading?
- Should I reach an agreement with my
mover about pickup and delivery times?
- Must my mover determine the weight of
my shipment?
- How must my mover determine the weight
of my shipment?
- What must my mover do if I want to
know the actual weight or charges for
my shipment before delivery?
SUBPART F - TRANSPORTATION OF MY SHIPMENT
- Must my mover transport the shipment
in a timely manner?
- What must my mover do if it is able
to deliver my shipment more than 24 hours
before I am able to accept delivery?
- What must my mover do for me when I
store household goods in transit?
SUBPART G - DELIVERY OF MY SHIPMENT
- May my mover ask me to sign a delivery
receipt releasing it from liability?
- What is the maximum collect-on-delivery
amount my mover may demand I pay at the
time of delivery?
- If my shipment is transported on more
than one vehicle, what charges may my
mover collect at delivery?
- If my shipment is partially or totally
lost or destroyed, what charges may my
mover collect at delivery?
- How must my mover calculate the charges
applicable to the shipment as delivered?
SUBPART H - COLLECTION OF CHARGES
- Does this subpart apply to most shipments?
- How must my mover present its freight
or expense bill to me?
- If I forced my mover to relinquish
a collect-on-delivery shipment before
the payment of ALL charges, how must my
mover collect the balance?
- What actions may my mover take to collect
from me the charges in its freight bill?
- Do I have a right to file a claim to
recover money for property my mover lost
or damaged?
SUBPART I - RESOLVING DISPUTES WITH MY
MOVER
- What may I do to resolve disputes with
my mover?
- WHY WAS I GIVEN THIS PAMPHLET?
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?
- Movers must give written estimates.
- Movers 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.
- Movers 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 movers 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 movers. You should not
disclose any information to the different
movers 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.
SUBPART 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 (movers) 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 premium 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.
SUBPART 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 movers 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,
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 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 movers
may also offer to sell, or procure for you,
separate liability insurance from a third-party
insurance company when you release your
shipment for transportation at the minimum
released value 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 movers are expected to respond promptly
to complaints or inquiries from you, the
customer. Should you have a complaint or
question about your move, you should first
attempt to obtain a satisfactory response
from the mover's local agent, the sales
representative who handled the arrangements
for your move, or the driver assigned to
your shipment.
If for any reason you are unable to obtain
a satisfactory response from one of these
persons, you should then contact the mover's
principal office. When you make such a call,
be sure to have available your copies of
all documents relating to your move. Particularly
important is the number assigned to your
shipment by your mover.
Interstate movers are also required to
offer neutral arbitration as a means of
resolving consumer 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. Movers' tariffs
are made a part of the contract of carriage
(bill of lading) between you and the mover.
You may inspect the tariff at the mover's
facility, or, upon request, the mover will
furnish you a free copy of any tariff provision
containing the mover's rates, rules, or
charges governing your shipment.
Tariffs may include provisions limiting
the mover's liability. This would generally
be described in a section on declaring value
on the bill of lading. A second tariff provision
may set the periods for filing claims. This
would generally be described in Section
6 on the reverse side of a bill of lading.
A third tariff provision may reserve your
mover's right to assess additional charges
for additional services performed. For non-binding
estimates, another tariff provision may
base charges upon the exact weight of the
goods transported. Your mover's tariff may
contain other provisions that apply to your
move. Ask your mover what they might be,
and request a copy.
- Must my mover have an arbitration program?
Your mover must have an arbitration program
for your use in resolving disputes concerning
loss or damage to your household goods.
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. A summary of the arbitration procedure.
b. Any applicable costs.
c. A disclosure of the legal effects of
electing to use arbitration.
- Upon your request, your mover must
provide information and forms it considers
necessary for initiating an action to
resolve a dispute under arbitration.
- Each person authorized to arbitrate
must be independent of the parties to
the dispute and capable of resolving such
disputes fairly and expeditiously. Your
mover must ensure the arbitrator is authorized
and able to obtain from you or your mover
any material or relevant information to
carry out a fair and expeditious 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:
a. The main telephone number you may use
to communicate with your mover.
b. A clear and concise statement concerning
who must pay for telephone calls.
Your mover may, at its discretion, provide
additional information to you.
- How must my mover collect charges?
Your mover must issue you an honest, truthful
freight or expense bill for each shipment
transported. Your mover's freight or expense
bill must contain the following 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.
SUBPART C - SERVICE OPTIONS PROVIDED
- What service options may my mover provide?
Your mover may provide any service options
it chooses. It is customary for movers to
offer several price and service options.
The total cost of your move may increase
if you want additional or special services.
Before you agree to have your shipment moved
under a bill of lading providing special
service, you should have a clear understanding
with your mover of what the additional cost
will be. You should always consider whether
other movers 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 movers will provide such service.
Another service option is GUARANTEED SERVICE
ON OR BETWEEN AGREED DATES. You enter into
an agreement with the mover where the mover
provides for your shipment to be picked
up, transported to destination, and delivered
on specific guaranteed dates. If the mover
fails to provide the service as agreed,
you are entitled to be compensated at a
predetermined amount or a daily rate (per
diem) regardless of the expense you might
actually have incurred as a result of the
mover's failure to perform.
Before requesting or agreeing to any of
these price and service options, be sure
to ask the mover's representatives about
the final costs you will pay.
TRANSPORT OF SHIPMENTS ON TWO OR MORE VEHICLES
Although all movers try to move each shipment
on one truck, it becomes necessary, at times,
to divide a shipment among two or more trucks.
This may occur if your mover has underestimated
the cubic feet (meters) of space required
for your shipment and it will not all fit
on the first truck. Your mover will pick
up the remainder, or "leave behind,"
on a second truck at a later time, and this
part of your shipment may arrive at the
destination later than the first truck.
When this occurs, your transportation charges
will be determined as if the entire shipment
had moved on one truck.
If it is important for you to avoid this
inconvenience of a "leave behind,"
be sure your estimate includes an accurate
calculation of the cubic feet (meters) required
for your shipment. Ask your estimator to
use a "Table of Measurements"
form in making this calculation. Consider
asking for a binding estimate. A binding
estimate is more likely to be conservative
with regard to cubic feet (meters) than
a non-binding estimate. If the mover offers
space reservation service, consider purchasing
this service for the necessary amount of
space plus some margin for error. In any
case, you would be prudent to "prioritize"
your goods in advance of the move so the
driver will load the more essential items
on the first truck if some are left behind.
- If my mover sells liability insurance
coverage, what must my mover do?
If your mover provides the service of selling
additional liability insurance, your mover
must follow certain regulations.
Your mover, its employees, or its agents,
may sell, offer to sell, or procure additional
liability insurance coverage for you for
loss or damage to your shipment if you release
the shipment for transportation at a value
not exceeding 60 cents per pound ($1.32
per kilogram) per article.
Your mover may offer, sell, or procure
any type of insurance policy covering loss
or damage in excess of its specified liability.
Your mover must issue you a policy or other
appropriate evidence of the insurance you
purchased. Your mover must provide a copy
of the policy or other appropriate evidence
to you at the time your mover sells or procures
the insurance. Your mover must issue policies
written in plain English.
Your mover must clearly specify the nature
and extent of coverage under the policy.
Your mover's failure to issue you a policy,
or other appropriate evidence of insurance
you purchased, will subject your mover to
full liability for any claims to recover
loss or damage attributed to it.
Your mover's tariff must provide for liability
insurance coverage. The tariff must also
provide for the base transportation charge,
including its assumption of full liability
for the value of the shipment. This would
offer you a degree of protection in the
event your mover fails to issue you a policy
or other appropriate evidence of insurance
at the time of purchase.
SUBPART 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:
a. Reaffirm the binding estimate.
b. Negotiate a revised written binding
estimate listing the additional household
goods or services.
c. Add an attachment to the contract,
in writing, stating you both will consider
the original binding estimate as a non-binding
estimate. You should read more below.
This may seriously affect how much you
may pay for the entire move.
- Once your mover loads your shipment,
your mover's failure to execute a new
binding estimate or to agree with you
to treat the original estimate as a non-binding
estimate signifies it has reaffirmed the
original binding estimate. Your mover
may not collect more than the amount of
the original binding estimate, except
as provided in the next two paragraphs.
- 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 movers'
tariffs are essentially the same for the
same weight shipment moving the same distance.
If you obtain different non-binding estimates
from different movers, you must pay only
the amount specified in your mover's tariff.
Therefore, a non-binding estimate may 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.
5. 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:
a. Reaffirm the non-binding estimate.
b. Negotiate a revised written non-binding
estimate listing the additional household
goods or services.
- Once your mover loads your shipment,
your mover's failure to execute a new
estimate signifies it has reaffirmed the
original non-binding estimate. Your mover
may not collect more than 110 percent
of the amount of this estimate at destination.
- 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.
SUBPART 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:
i. The agreed-upon pickup date and agreed
delivery date of your move.
ii. The agreed-upon period(s) of the entire
move.
iii. 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 premium
for such insurance.
- Each attachment to the bill of lading.
Each attachment is an integral part of
the bill of lading contract. If not provided
to you elsewhere by the mover, the following
three items must be added as attachments:
i. The binding or non-binding estimate.
ii. The order for service.
iii. 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 movers 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.
SUBPART 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 movers will agree to do so provided
your request will not result in unreasonable
delay to its equipment or interfere with
another customer's move. However, your mover
is under no obligation to consent to amended
delivery dates. 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.
SUBPART 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 movers try to move each shipment
on one truck, it becomes necessary at times
to divide a shipment among two or more trucks.
This frequently occurs when an automobile
is included in the shipment and it is transported
on a vehicle specially designed to transport
automobiles. When this occurs, your transportation
charges are the same as if the entire shipment
moved on one truck.
If your shipment is divided for transportation
on two or more trucks, the mover may require
payment for each portion as it is delivered.
Your mover may delay the collection of all
the charges until the entire shipment is
delivered, at its discretion, not yours.
When you order your move, you should ask
the mover about its policies in this regard.
- If my shipment is partially lost or
destroyed, what charges may my mover collect
at delivery?
Movers customarily make every effort to
avoid losing, damaging, or destroying any
of your items while your shipment is in
their possession for transportation. However,
despite the precautions taken, articles
are sometimes lost or destroyed during the
move.
In addition to any money you may recover
from your mover to compensate for lost or
destroyed articles, you may also recover
the transportation charges represented by
the portion of the shipment lost or destroyed.
Your mover may only apply this paragraph
to the transportation of household goods.
Your mover may disregard this paragraph
if loss or destruction was due to an act
or omission by you. Your mover must require
you to pay any specific valuation charge
due.
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.
SUBPART H - COLLECTION OF CHARGES
- Does this subpart apply to most shipments?
It applies to all shipments of household
goods that involve a balance due freight
or expense bill or are shipped on credit.
- How must my mover present its freight
or expense bill to me?
At the time of payment of transportation
charges, your mover must give you a freight
bill identifying the service provided and
the charge for each service. It is customary
for most movers to use a copy of the bill
of lading as a freight bill; however, some
movers use an entirely separate document
for this purpose.
Except in those instances where a shipment
is moving on a binding estimate, the freight
bill must specifically identify each service
performed, the rate or charge per service
performed, and the total charges for each
service. If this information is not on the
freight bill, DO NOT accept or pay the freight
bill.
Movers' tariffs customarily specify that
freight charges must be paid in cash, by
certified check, or by cashier's check.
When this requirement exists, the mover
will not accept personal checks. At the
time you order your move, you should ask
your mover about the form of payment your
mover requires.
Some movers permit payment of freight charges
by use of a charge or credit card. However,
do not assume your nationally recognized
charge, credit, or debit card will be acceptable
for payment. Ask your mover at the time
you request an estimate. Your mover must
specify the form of payment it will accept
at delivery.
If you do not pay the transportation charges
at the time of delivery, your mover has
the right, under the bill of lading, to
refuse to deliver your goods. The mover
may place them in storage, at your expense,
until the charges are paid. However, the
mover must deliver your goods upon payment
of 100 percent of a binding estimate.
If, before payment of the transportation
charges, you discover an error in the charges,
you should attempt to correct the error
with the driver, the mover's local agent,
or by contacting the mover's main office.
If an error is discovered after payment,
you should write the mover (the address
will be on the freight bill) explaining
the error, and request a refund.
Movers customarily check all shipment files
and freight bills after a move has been
completed to make sure the charges were
accurate. If an overcharge is found, you
should be notified and 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 and
then clicking on Licensing and Insurance
(L&I) section.
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.
SUBPART 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.
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