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YOUR RIGHTS AND
RESPONSIBILITIES WHEN YOU MOVE
OMB No. 2126-0025. DOWNLOAD PDF
Furnished by Your Mover, as Required by Federal Law.
Authority: 49 U.S.C. 13301, 13704, 13707, and 14104; 49 CFR 1.73.
Table of Contents
What Is Included in This Pamphlet?
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
Subpart B - Before Requesting Services From Any Mover
Subpart C - Service Options Provided
Subpart D - Estimating Charges
Subpart E - Pickup of my Shipment of Household Goods
Subpart F - Transportation of my Shipment
Subpart G - Delivery of my Shipment
Subpart H - Collection of Charges
Subpart I - Resolving Disputes with My Mover
What Is Included in This Pamphlet?
(top)
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? (top)
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? (top)
1. Movers must give written estimates.
2. Movers may give binding estimates.
3. Non-binding estimates are not always accurate; actual charges may exceed
the estimate.
4. 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.
5. You may request from your mover the availability of guaranteed pickup
and delivery dates.
6. Be sure you understand the mover’s responsibility for loss or damage,
and request an
explanation of the difference between valuation and actual insurance.
7. You have the right to be present each time your shipment is weighed.
8. You may request a reweigh of your shipment.
9. 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.
10. Movers must offer a dispute settlement program as an alternative means
of settling loss or
damage claims. ASK YOUR MOVER FOR DETAILS.
11. 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.
12. 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.
13. 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? (top)
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 (top)
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 - 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.
8
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 - 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 – 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.
- 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 (top)
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:
1. You include perishable, dangerous, or hazardous materials in your household
goods without
your mover’s knowledge.
2. You choose liability option 1 but ship household goods valued at more
than 60 cents per
pound ($1.32 per kilogram) per article.
3. 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:
1. Name or trade name of the mover under whose USDOT number the advertised
service will
originate.
2. 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:
1. A communications system allowing you to communicate with your mover’s
principal place of
business by telephone.
2. A telephone number.
3. A clear and concise statement about who must pay for complaint and
inquiry telephone calls.
4. 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:
1. 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.
2. 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.
3. Upon your request, your mover must provide information and forms it
considers necessary for
initiating an action to resolve a dispute under arbitration.
4. 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.
5. 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.
6. Your mover must not require you to agree to use arbitration before
a dispute arises.
7. You will be bound by arbitration for claims of $5,000 or less if you
request arbitration.
8. You will be bound by arbitration for claims of more than $5,000 only
if you request arbitration
and your mover agrees to it.
9. 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.
10. 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.
11. 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:
1. The contents of appendix A, “Your Rights and Responsibilities When
You Move” – this
pamphlet.
2. A concise, easy-to-read, accurate summary of your mover’s arbitration
program.
3. 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.
4. 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:
1. Name of the consignor.
2. Name of the consignees.
3. Date of the shipment.
4. Origin point.
5. Destination points.
6. Number of packages.
7. Description of the freight.
8. Weight of the freight (if applicable to the rating of the freight).
9. The volume of the freight (if applicable to the rating of the freight).
10. The measurement of the freight (if applicable to the rating of the
freight).
11. Exact rate(s) assessed.
12. 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.
13. An indication of whether adjustments may apply to the bill.
14. Total charges due and acceptable methods of payment.
15. The nature and amount of any special service charges.
16. The points where special services were rendered.
17. Route of movement and name of each mover participating in the transportation.
18. Transfer points where shipments moved.
19. 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 additional services, requested or found necessary
after the shipment is in transit,
will be presented 30 days after 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 seven days, including
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
(top)
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 (top)
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 weightbased
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:
1. Your mover must retain a copy of each binding estimate as an attachment
to the bill of lading.
2. 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.
3. Your mover must clearly describe binding estimate shipments and all
services to be provided.
4. 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.
5. 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.
6. 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.
7. 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. Thirty days after delivery, your mover must bill you
for the balance of any
remaining charges. 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 after
30 days from delivery.
8. 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 10 elements:
1. Your mover must provide reasonably accurate non-binding estimates based
upon the
estimated weight of the shipment and services required.
2. 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.
3. Your mover must furnish non-binding estimates without charge and in
writing to you.
4. 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.
6. Your mover must clearly describe on the face of a non-binding estimate
the entire shipment
and all services to be provided.
7. 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.
8. 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.
9. 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.
10. 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. Thirty days after delivery, your
mover must bill you
for any remaining balance. 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
after 30 days from 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
(top)
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.
30
The order for service must contain the following 15 elements:
1. Your mover’s name and address and the USDOT number assigned to your
mover.
2. Your name, address and, if available, telephone number(s).
3. The name, address, and telephone number of the delivering mover’s office
or agent at or
nearest to the destination of your shipment.
4. A telephone number where you may contact your mover or its designated
agent.
5. 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.
6. The names and addresses of any other motor carriers, when known, that
will participate in
interline transportation of the shipment.
7. The form of payment your mover will honor at delivery. The payment
information must be the
same as was entered on the estimate.
8. The terms and conditions for payment of the total charges, including
notice of any minimum
charges.
9. 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.
10. 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.
11. A complete description of any special or accessorial services ordered
and minimum weight or
volume charges applicable to the shipment.
12. Any identification or registration number your mover assigns to the
shipment.
13. 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.
14. 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.
15. 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 intransit,
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 charges
are paid, and all claims,
if any, are settled.
A bill of lading must include the following 14 elements:
1. Your mover’s name and address, or the name and address of the motor
carrier issuing the bill
of lading.
2. The names and addresses of any other motor carriers, when known, who
will participate in
the transportation of the shipment.
3. The name, address, and telephone number of the office of the motor
carrier you must contact
in relation to the transportation of the shipment.
4. 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.
5. 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.
6. 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.
7. For guaranteed service, the dates for pickup and delivery and any penalty
or per diem
entitlements due you under the agreement.
8. The actual date of pickup.
9. The identification number(s) of the vehicle(s) in which your mover
loads your shipment.
10. The terms and conditions for payment of the total charges including
notice of any minimum
charges.
11. 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.
12. 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.
13. Evidence of any insurance coverage sold to or procured for you from
an independent insurer,
including the amount of the premium for such insurance.
14. 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:
1. The complete name and location of the scale.
2. The date of each weighing.
3. Identification of the weight entries as being the tare, gross, or net
weights.
4. The company or mover identification of the vehicle.
5. Your last name as it appears on the Bill of Lading.
6. 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:
1. 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.
2. 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.
3. 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:
1. Back weigh (when your mover weighs your shipment at its destination).
2. Pickup and delivery encompassing two consecutive weekdays, if you agree.
3. Maximum payment amounts at time of delivery of 110 percent of the estimated
charges, if
you agree.
Subpart F - Transportation of my Shipment
(top)
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:
1. The date when storage-in-transit will convert to permanent storage.
2. 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.
3. Your mover’s liability will end.
4. 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:
1. The specified period of time when your mover is to hold your goods
in storage.
2. 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 (top)
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 (top)
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 all
transportation charges on the
date of delivery, or, at its discretion, within 15 days, calculated from
the date the shipment was
delivered at your destination. This period excludes Saturdays, Sundays,
and Federal holidays. (Bills
for additional services, requested or found necessary after the shipment
is in transit, will be presented
30 days after delivery.)
Your mover’s freight bills and accompanying written notices must state
the following five items:
1. Penalties for late payment.
2. Credit time limits.
3. Service or finance charges.
4. Collection expense charges.
5. 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
(email).
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 |