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