 
Moving Resources Everything you must know before you
Move
The Federal Motor Carrier Safety Administration's (FMCSA) regulations
protect consumers on interstate moves and define the rights and
responsibilities of consumers and household goods carriers.
The household goods carrier (mover) gave you this booklet to provide
information about your rights and responsibilities as an individual
shipper of household goods. Your primary responsibility is to select a
reputable household goods carrier, ensure that you understand the terms
and conditions of the contract, and understand and pursue the remedies
that are available to you in case problems arise. You should talk to your
mover if you have further questions. The mover will also furnish you with
additional written information describing its procedure for handling your
questions and complaints. The additional written information will include
a telephone number you can call to obtain additional information about
your move.
WHAT ARE THE MOST IMPORTANT POINTS I SHOULD REMEMBER FROM THIS
PAMPHLET?
- Moving Companies must give written estimates.
- Moving Companies may give binding estimates.
- Non-binding estimates are not always accurate; actual charges may
exceed the estimate.
- If your mover provides you (or someone representing you) with any
partially complete document for your signature, you should verify the
document is as complete as possible before signing it. Make sure the
document contains all relevant shipping information, except the actual
shipment weight and any other information necessary to determine the
final charges for all services performed.
- You may request from your mover the availability of guaranteed
pickup and delivery dates.
- Be sure you understand the mover's responsibility for loss or
damage, and request an explanation of the difference between valuation
and actual insurance.
- You have the right to be present each time your shipment is weighed.
- You may request a reweigh of your shipment.
- If you agree to move under a non-binding estimate, you should
confirm with your mover - in writing - the method of payment at delivery
as cash, certified check, cashier's check, money order, or credit card.
- Moving Companies must offer a dispute settlement program as an
alternative means of settling loss or damage claims. ASK YOUR MOVER FOR
DETAILS.
- You should ask the person you speak to whether he or she works for
the actual mover or a household goods broker. A household goods broker
only arranges for the transportation. A household goods broker must not
represent itself as a mover. A household goods broker does not own
trucks of its own. The broker is required to find an authorized mover to
provide the transportation. You should know that a household goods
broker generally has no authority to provide you an estimate on behalf
of a specific mover. If a household goods broker provides you an
estimate, it may not be binding on the actual mover and you may have to
pay the actual charges the mover incurs. A household goods broker is not
responsible for loss or damage.
- You may request complaint information about Moving Companies from
the Federal Motor Carrier Safety Administration under the Freedom of
Information Act. You may be assessed a fee to obtain this information.
See 49 CFR Part 7 for the schedule of fees.
- You should seek estimates from at least three different Moving
Companies. You should not disclose any information to the different
Moving Companies about their competitors, as it may affect the accuracy
of their estimates.
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.
How must my mover handle complaints and inquiries?
All Moving Companies are expected to respond promptly to complaints or
inquiries from you, the customer. Should you have a complaint or question
about your move, you should first attempt to obtain a satisfactory
response from the mover's local agent, the sales representative who
handled the arrangements for your move, or the driver assigned to your
shipment.
If for any reason you are unable to obtain a satisfactory response from
one of these persons, you should then contact the mover's principal
office. When you make such a call, be sure to have available your copies
of all documents relating to your move. Particularly important is the
number assigned to your shipment by your mover.
Interstate Moving Companies are also required to offer neutral
arbitration as a means of resolving consumer loss or damage disputes
involving loss of or damage to household goods. Your mover is required to
provide you with information regarding its arbitration program. You have
the right to pursue court action under 49 U.S.C. 14706 to seek judicial
redress directly rather than participate in your mover's arbitration
program.
All interstate moving companies are required to maintain a complaint
and inquiry procedure to assist their customers. At the time you make the
arrangements for your move, you should ask the mover's representative for
a description of the mover's procedure, the telephone number to be used to
contact the mover, and whether the mover will pay for such telephone
calls. Your mover's procedure must include the following four things:
- A communications system allowing you to communicate with your
mover's principal place of business by telephone.
- A telephone number.
- A clear and concise statement about who must pay for complaint and
inquiry telephone calls.
- A written or electronic record system for recording all inquiries
and complaints received from you by any means of communication.
Your mover must give you a clear and concise written description of its
procedure. You may want to be certain that the system is in place.
Do I have the right to inspect my mover's tariffs (schedules of
charges) applicable to my move?
Federal law requires your mover to advise you of your right to inspect
your mover's tariffs (its schedules of rates or charges) governing your
shipment. Moving Companies' tariffs are made a part of the contract of
carriage (bill of lading) between you and the mover. You may inspect the
tariff at the mover's facility, or, upon request, the mover will furnish
you a free copy of any tariff provision containing the mover's rates,
rules, or charges governing your shipment.
Tariffs may include provisions limiting the mover's liability. This
would generally be described in a section on declaring value on the bill
of lading. A second tariff provision may set the periods for filing
claims. This would generally be described in Section 6 on the reverse side
of a bill of lading. A third tariff provision may reserve your mover's
right to assess additional charges for additional services performed. For
non-binding estimates, another tariff provision may base charges upon the
exact weight of the goods transported. Your mover's tariff may contain
other provisions that apply to your move. Ask your mover what they might
be, and request a copy.
Must my mover have an arbitration program?
Your mover must have an arbitration program for your use in resolving
disputes concerning loss or damage to your household goods. You have the
right not to participate in the arbitration program. You may pursue court
action under 49 U.S.C. 14706 to seek judicial remedies directly. Your
mover must establish and maintain an arbitration program with the
following 11 minimum elements:
- The arbitration program offered to you must prevent your mover from
having any special advantage because you live or work in a place distant
from the mover's principal or other place of business.
- Before your household goods are tendered for transport, your mover
must provide notice to you of the availability of neutral arbitration,
including the following three things:
- A summary of the arbitration procedure.
- Any applicable costs.
- A disclosure of the legal effects of electing to use arbitration.
- Upon your request, your mover must provide information and forms it
considers necessary for initiating an action to resolve a dispute under
arbitration.
- Each person authorized to arbitrate must be independent of the
parties to the dispute and capable of resolving such disputes fairly and
expeditiously. Your mover must ensure the arbitrator is authorized and
able to obtain from you or your mover any material or relevant
information to carry out a fair and expeditious decision-making process.
- You must not be required to pay more than one-half of the
arbitration's cost. The arbitrator may determine the percentage of
payment of the costs for each party in the arbitration decision, but
must not make you pay more than half.
- Your mover must not require you to agree to use arbitration before a
dispute arises.
- You will be bound by arbitration for claims of $5,000 or less if you
request arbitration.
- You will be bound by arbitration for claims of more than $5,000 only
if you request arbitration and your mover agrees to it.
- If you and your mover both agree, the arbitrator may provide for an
oral presentation of a dispute by a party or representative of a party.
- The arbitrator must render a decision within 60 days of receipt of
written notification of the dispute, and a decision by an arbitrator may
include any remedies appropriate under the circumstances.
- The 60-day period may be extended for a reasonable period if you
fail, or your mover fails, to provide information in a timely manner.
Your mover must produce and distribute a concise, easy-to-read,
accurate summary of its arbitration program.
Must my mover inform me about my rights and responsibilities under
Federal law?
Yes, your mover must inform you about your rights and responsibilities
under Federal law. Your mover must produce and distribute this document.
It should be in the general order and contain the text of appendix A to 49
CFR Part 375.
What other information must my mover provide me?
Before your mover executes an order for service for a shipment of
household goods, your mover must furnish you with the following four
documents:
- The contents of appendix A, "Your Rights and Responsibilities When
You Move" - this pamphlet.
- A concise, easy-to-read, accurate summary of your mover's
arbitration program.
- A notice of availability of the applicable sections of your mover's
tariff for the estimate of charges, including an explanation that you
may examine the tariff sections or have copies sent to you upon request.
- A concise, easy-to-read, accurate summary of your mover's customer
complaint and inquiry handling procedures. Included in this summary must
be the following two items:
- The main telephone number you may use to communicate with your
mover.
- A clear and concise statement concerning who must pay for
telephone calls.
Your mover may, at its discretion, provide additional information to
you.
How must my mover collect charges?
Your mover must issue you an honest, truthful freight or expense bill
for each shipment transported. Your mover's freight or expense bill must
contain the following 19 items:
- Name of the consignor.
- Name of the consignees.
- Date of the shipment.
- Origin point.
- Destination points.
- Number of packages.
- Description of the freight.
- Weight of the freight (if applicable to the rating of the freight).
- The volume of the freight (if applicable to the rating of the
freight).
- The measurement of the freight (if applicable to the rating of the
freight).
- Exact rate(s) assessed.
- Disclosure of the actual rates, charges, and allowances for the
transportation service, when your mover electronically presents or
transmits freight or expense bills to you. These rates must be in
accordance with the mover's applicable tariff.
- An indication of whether adjustments may apply to the bill.
- Total charges due and acceptable methods of payment.
- The nature and amount of any special service charges.
- The points where special services were rendered.
- Route of movement and name of each mover participating in the
transportation.
- Transfer points where shipments moved.
- Address where you must pay or address of bill issuer's principal
place of business.
Your mover must present its freight or expense bill to you within 15
days of the date of delivery of a shipment at its destination. The
computation of time excludes Saturdays, Sundays, and Federal holidays.
(Bills for charges exceeding 110 percent of a non-binding estimate, and
for additional services requested or found necessary after the shipment is
in transit, will be presented no sooner than 30 days after the date of
delivery.)
If your mover lacks sufficient information to compute its charges, your
mover must present its freight bill for payment within 15 days of the date
when sufficient information does become available.
BINDING ESTIMATES Your mover may charge you for providing a
binding estimate. The binding estimate must clearly describe the shipment
and all services provided.
When you receive a binding estimate, you cannot be required to pay any
more than the estimated amount at delivery. If you have requested the
mover provide more services than those included in the estimate, the mover
must not demand full payment for those added services at time of delivery.
Instead, the mover must bill for those services later, as explained below.
Such services might include destination charges that often are not known
at origin (such as long carry charges, shuttle charges, or extra stair
carry charges).
A binding estimate must be in writing, and a copy must be made
available to you before you move.
If you agree to a binding estimate, you are responsible for paying the
charges due by cash, certified check, money order, or cashier's check. The
charges are due your mover at the time of delivery unless your mover
agrees, before you move, to extend credit or to accept payment by a
specific charge card such as American Express or a specific credit card
such as Visa. If you are unable to pay at the time the shipment is
delivered, the mover may place your shipment in storage at your expense
until you pay the charges.
Other requirements of binding estimates include the following eight
elements:
- Your mover must retain a copy of each binding estimate as an
attachment to the bill of lading.
- Your mover must clearly indicate upon each binding estimate's face
that the estimate is binding upon you and your mover. Each binding
estimate must also clearly indicate on its face that the charges shown
are the charges to be assessed for only those services specifically
identified in the estimate.
- Your mover must clearly describe binding estimate shipments and all
services to be provided.
- If, before loading your shipment, your mover believes you are
tendering additional household goods or are requiring additional
services not identified in the binding estimate, and you and your mover
cannot reach an agreement, your mover may refuse to service the
shipment. If your mover agrees to service the shipment, your mover must
do one of the following three things:
- Reaffirm the binding estimate.
- Negotiate a revised written binding estimate listing the
additional household goods or services.
- Add an attachment to the contract, in writing, stating you both
will consider the original binding estimate as a non-binding estimate.
You should read more below. This may seriously affect how much you may
pay for the entire move.
- Once your mover loads your shipment, your mover's failure to execute
a new binding estimate or to agree with you to treat the original
estimate as a non-binding estimate signifies it has reaffirmed the
original binding estimate. Your mover may not collect more than the
amount of the original binding estimate, except as provided in the next
two paragraphs.
- Your mover may believe additional services are necessary to properly
service your shipment after your household goods are in transit. Your
mover must inform you what the additional services are before performing
them. Your mover must allow you at least one hour to determine whether
you want the additional services performed. Such additional services
include carrying your furniture up additional stairs or using an
elevator. If these services do not appear on your mover's estimate, your
mover must deliver your shipment and bill you later for the additional
services.
If you agree to pay for the additional services, your mover must execute
a written attachment to be made an integral part of the bill of lading
and have you sign the written attachment. This may be done through fax
transmissions. You will be billed for the additional services 30 days
following the date of delivery.
- If you add additional services after your household goods are in
transit, you will be billed for the additional services but only be
expected to pay the full amount of the binding estimate to receive
delivery. Your mover must bill you for the balance of any remaining
charges for these additional services no sooner than 30 days after
delivery. For example, if your binding estimate shows total charges at
delivery should be $1,000 but your actual charges at destination are
$1,500, your mover must deliver the shipment upon payment of $1,000. The
mover must bill you for the remaining $500 no sooner than 30 days after
the date of delivery.
- Failure of your mover to relinquish possession of a shipment upon
your offer to pay the binding estimate amount constitutes your mover's
failure to transport a shipment with "reasonable dispatch" and subjects
your mover to cargo delay claims pursuant to 49 CFR Part 370.
NON-BINDING ESTIMATES
Your mover is not permitted to charge you for giving a non-binding
estimate.
A non-binding estimate is not a bid or contract. Your mover provides it
to you to give you a general idea of the cost of the move, but it does not
bind your mover to the estimated cost. You should expect the final cost to
be more than the estimate. The actual cost will be in accordance with your
mover's tariffs. Federal law requires your mover to collect the charges
shown in its tariffs, regardless of what your mover writes in its
non-binding estimates. That is why it is important to ask for copies of
the applicable portions of the mover's tariffs before deciding on a mover.
The charges contained in Moving Companies' tariffs are essentially the
same for the same weight shipment moving the same distance. If you obtain
different non-binding estimates from different Moving Companies, you must
pay only the amount specified in your mover's tariff. Therefore, a
non-binding estimate may have no effect on the amount that you will
ultimately have to pay.
You must be prepared to pay 10 percent more than the estimated amount
at the time of delivery. Every collect-on-delivery shipper must have
available 110 percent of the estimate at the time of delivery. If you
order additional services from your mover after your goods are in transit,
the mover will then bill you 30 days after delivery for any remaining
charges.
Non-binding estimates must be in writing and clearly describe the
shipment and all services provided. Any time a mover provides such an
estimate, the amount of the charges estimated must be on the order for
service and bill of lading related to your shipment. When you are given a
non-binding estimate, do not sign or accept the order for service or bill
of lading unless the mover enters the amount estimated on each form it
prepares.
Other requirements of non-binding estimates include the following ten
elements:
- Your mover must provide reasonably accurate non binding estimates
based upon the estimated weight of the shipment and services required.
- Your mover must explain to you that all charges on shipments moved
under non binding estimates will be those appearing in your mover's
tariffs applicable to the transportation. If your mover provides a
non-binding estimate of approximate costs, your mover is not bound by
such an estimate.
- Your mover must furnish non binding estimates without charge and in
writing to you.
- Your mover must retain a copy of each non-binding estimate as an
attachment to the bill of lading.
- Your mover must clearly indicate on the face of a non-binding
estimate that the estimate is not binding upon your mover and the
charges shown are the approximate charges to be assessed for the
services identified in the estimate.
- Your mover must clearly describe on the face of a non binding
estimate the entire shipment and all services to be provided.
- If, before loading your shipment, your mover believes you are
tendering additional household goods or requiring additional services
not identified in the non-binding estimate, and you and your mover
cannot reach an agreement, your mover may refuse to service the
shipment. If your mover agrees to service the shipment, your mover must
do one of the following two things:
- Reaffirm the non-binding estimate.
- Negotiate a revised written non-binding estimate listing the
additional household goods or services.
- Once your mover loads your shipment, your mover's failure to execute
a new estimate signifies it has reaffirmed the original non-binding
estimate. Your mover may not collect more than 110 percent of the amount
of this estimate at destination.
- Your mover may believe additional services are necessary to properly
service your shipment after your household goods are in transit. Your
mover must inform you what the additional services are before performing
them. Your mover must allow you at least one hour to determine whether
you want the additional services performed. Such additional services
include carrying your furniture up additional stairs or using an
elevator. If these services do not appear on your mover's estimate, your
mover must deliver your shipment and bill you later for the additional
services.
If you agree to pay for the additional services, your mover must execute
a written attachment to be made an integral part of the bill of lading
and have you sign the written attachment. This may be done through fax
transmissions. You will be billed for the additional services after 30
days from delivery.
- If you add additional services after your household goods are in
transit, you will be billed for the additional services. To receive
delivery, however, you are required to pay no more than 110 percent of
the non-binding estimate. At least 30 days after delivery, your mover
must bill you for any remaining balance, including the additional
services you requested. For example, if your non-binding estimate shows
total charges at delivery should be $1,000 but your actual charges at
destination are $1,500, your mover must deliver the shipment upon
payment of $1,100. The mover must bill you for the remaining $400 no
sooner than 30 days after the date of delivery.
If your mover furnishes a non binding estimate, your mover must enter
the estimated charges upon the order for service and upon the bill of
lading.
Your mover must retain a record of all estimates of charges for each
move performed for at least one year from the date your mover made the
estimate.
What payment arrangements must my mover have in place to secure
delivery of my household goods shipment?
If your total bill is 110 percent or less of the non-binding estimate,
the mover can require payment in full upon delivery. If the bill exceeds
110 percent of the non-binding estimate, your mover must relinquish
possession of the shipment at the time of delivery upon payment of 110
percent of the estimated amount. Your mover should have specified its
acceptable form of payment on the estimate, order for service, and bill of
lading. Your mover's failure to relinquish possession of a shipment after
you offer to pay 110 percent of the estimated charges constitutes its
failure to transport the shipment with "reasonable dispatch" and subjects
your mover to your cargo delay claims under 49 CFR Part 370.
Your mover must bill for the payment of the balance of any remaining
charges after 30 days from delivery.
PART E - PICKUP OF MY SHIPMENT OF HOUSEHOLD GOODS
Must my mover write up an order for service?
We require your mover to prepare an order for service on every shipment
transported for you. You are entitled to a copy of the order for service
when your mover prepares it.
The order for service is not a contract. Should you cancel or delay
your move or if you decide not to use the mover, you should promptly
cancel the order.
If you or your mover change any agreed-upon dates for pickup or
delivery of your shipment, or agree to any change in the non-binding
estimate, your mover may prepare a written change to the order for
service. The written change must be attached to the order for service.
The order for service must contain the following 15 elements:
- Your mover's name and address and the USDOT number assigned to your
mover.
- Your name, address and, if available, telephone number(s).
- The name, address, and telephone number of the delivering mover's
office or agent at or nearest to the destination of your shipment.
- A telephone number where you may contact your mover or its
designated agent.
- One of the following three dates and times:
- The agreed-upon pickup date and agreed delivery date of your move.
- The agreed-upon period(s) of the entire move.
- If your mover is transporting the shipment on a guaranteed service
basis, the guaranteed dates or periods of time for pickup,
transportation, and delivery. Your mover must enter any penalty or per
diem requirements upon the agreement under this item.
- The names and addresses of any other motor carriers, when known,
that will participate in interline transportation of the shipment.
- The form of payment your mover will honor at delivery. The payment
information must be the same as was entered on the estimate.
- The terms and conditions for payment of the total charges, including
notice of any minimum charges.
- The maximum amount your mover will demand at the time of delivery to
obtain possession of the shipment, when transported on a
collect-on-delivery basis.
- If not provided in the bill of lading, the Surface Transportation
Board's required released rates valuation statement, and the charges, if
any, for optional valuation coverage. The STB's required released rates
may be increased annually by your mover based on the U.S. Department of
Commerce's Cost of Living Adjustment.
- A complete description of any special or accessorial services
ordered and minimum weight or volume charges applicable to the shipment.
- Any identification or registration number your mover assigns to the
shipment.
- For non binding estimated charges, your mover's reasonably accurate
estimate of the amount of the charges, the method of payment of total
charges, and the maximum amount (110 percent of the non-binding
estimate) your mover will demand at the time of delivery for you to
obtain possession of the shipment.
- For binding estimated charges, the amount of charges your mover will
demand based upon the binding estimate and the terms of payment under
the estimate.
- An indication of whether you request notification of the charges
before delivery. You must provide your mover with the telephone number(s)
or address(es) where your mover will transmit such communications.
You and your mover must sign the order for service. Your mover must
provide a dated copy of the order for service to you at the time your
mover signs the order. Your mover must provide you the opportunity to
rescind the order for service without any penalty for a three-day period
after you sign the order for service, if you scheduled the shipment to be
loaded more than three days after you sign the order.
Your mover should provide you with documents that are as complete as
possible, and with all charges clearly identified. However, as a practical
matter, your mover usually cannot give you a complete bill of lading
before transporting your goods. This is both because the shipment cannot
be weighed until it is in transit and because other charges for service,
such as unpacking, storage-in-transit, and various destination charges,
cannot be determined until the shipment reaches its destination.
Therefore, your mover can require you to sign a partially complete bill
of lading if it contains all relevant information except the actual
shipment weight and any other information necessary to determine the final
charges for all services provided. Signing the bill of lading allows you
to choose the valuation option, request special services, and/or
acknowledge the terms and conditions of released valuation.
Your mover also may provide you, strictly for informational purposes,
with blank or incomplete documents pertaining to the move.
Before loading your shipment, and upon mutual agreement of both you and
your mover, your mover may amend an order for service. Your mover must
retain records of an order for service it transported for at least one
year from the date your mover wrote the order.
Your mover must inform you, before or at the time of loading, if the
mover reasonably expects a special or accessorial service is necessary to
transport a shipment safely. Your mover must refuse to accept the shipment
when your mover reasonably expects a special or accessorial service is
necessary to transport a shipment safely, but you refuse to purchase the
special or accessorial service. Your mover must make a written note if you
refuse any special or accessorial services that your mover reasonably
expects to be necessary.
Must my mover write up an inventory of the shipment?
Yes. Your mover must prepare an inventory of your shipment before or at
the time of loading. If your mover's driver fails to prepare an inventory,
you should write a detailed inventory of your shipment listing any damage
or unusual wear to any items. The purpose is to make a record of the
existence and condition of each item.
After completing the inventory, you should sign each page and ask the
mover's driver to sign each page. Before you sign it, it is important you
make sure that the inventory lists every item in the shipment and that the
entries regarding the condition of each item are correct. You have the
right to note any disagreement. If an item is missing or damaged when your
mover delivers the shipment, your subsequent ability to dispute the items
lost or damaged may depend upon your notations.
You should retain a copy of the inventory. Your mover may keep the
original if the driver prepared it. If your mover's driver completed an
inventory, the mover must attach the complete inventory to the bill of
lading as an integral part of the bill of lading.
Must my mover write up a bill of lading?
The bill of lading is the contract between you and the mover. The mover
is required by law to prepare a bill of lading for every shipment it
transports. The information on a bill of lading is required to be the same
information shown on the order for service. The driver who loads your
shipment must give you a copy of the bill of lading before or at the time
of loading your furniture and other household goods.
IT IS YOUR RESPONSIBILITY TO READ THE BILL OF LADING BEFORE YOU ACCEPT
IT. It is your responsibility to understand the bill of lading before you
sign it. If you do not agree with something on the bill of lading, do not
sign it until you are satisfied it is correct.
The bill of lading requires the mover to provide the service you have
requested. You must pay the charges set forth in the bill of lading.
THE BILL OF LADING IS AN IMPORTANT DOCUMENT. DO NOT LOSE OR MISPLACE
YOUR COPY. Have it available until your shipment is delivered, all
chargves are paid, and all claims, if any, are settled.
A bill of lading must include the following 14 elements:
- Your mover's name and address, or the name and address of the motor
carrier issuing the bill of lading.
- The names and addresses of any other motor carriers, when known, who
will participate in the transportation of the shipment.
- The name, address, and telephone number of the office of the motor
carrier you must contact in relation to the transportation of the
shipment.
- The form of payment your mover will honor at delivery. The payment
information must be the same that was entered on the estimate and order
for service.
- When your mover transports your shipment under a collect-on-delivery
basis, your name, address, and telephone number where the mover will
notify you about the charges.
- For non-guaranteed service, the agreed-upon date or period of time
for pickup of the shipment and the agreed-upon date or period of time
for the delivery of the shipment. The agreed-upon dates or periods for
pickup and delivery entered upon the bill of lading must conform to the
agreed-upon dates or periods of time for pickup and delivery entered
upon the order for service or a proper amendment to the order for
service.
- For guaranteed service, the dates for pickup and delivery and any
penalty or per diem entitlements due you under the agreement.
- The actual date of pickup.
- The identification number(s) of the vehicle(s) in which your mover
loads your shipment.
- The terms and conditions for payment of the total charges including
notice of any minimum charges.
- The maximum amount your mover will demand from you at the time of
delivery for you to obtain possession of your shipment, when your mover
transports under a collect-on-delivery basis.
- If not provided in the order for service, the Surface Transportation
Board's required released rates valuation statement, and the charges, if
any, for optional valuation coverage. The Board's required released
rates may be increased annually by your mover based on the U.S.
Department of Commerce's Cost of Living Adjustment.
- Evidence of any insurance coverage sold to or procured for you from
an independent insurer, including the amount of the for such insurance.
- Each attachment to the bill of lading. Each attachment is an
integral part of the bill of lading contract. If not provided to you
elsewhere by the mover, the following three items must be added as
attachments:
- The binding or non-binding estimate.
- The order for service.
- The inventory.
A copy of the bill of lading must accompany your shipment at all times
while in the possession of your mover or its agent(s). When your mover
loads the shipment on a vehicle for transportation, the bill of lading
must be in the possession of the driver responsible for the shipment. Your
mover must retain bills of lading for shipments it transported for at
least one year from the date your mover created the bill of lading.
Should I reach an agreement with my mover about pickup and delivery
times?
You and your mover should reach an agreement for pickup and delivery
times. It is your responsibility to determine on what date, or between
what dates, you need to have the shipment picked up and on what date, or
between what dates, you require delivery. It is your mover's
responsibility to tell you if it can provide service on or between those
dates, or, if not, on what other dates it can provide the service.
In the process of reaching an agreement with your mover, you may find
it necessary to alter your moving and travel plans if no mover can provide
service on the specific dates you desire.
Do not agree to have your shipment picked up or delivered "as soon as
possible." The dates or periods you and your mover agree upon should be
definite.
Once an agreement is reached, your mover must enter those dates upon
the order for service and the bill of lading.
Once your goods are loaded, your mover is contractually bound to
provide the service described in the bill of lading. Your mover's only
defense for not providing the service on the dates called for is the
defense of force majeure. This is a legal term. It means that when
circumstances change, were not foreseen, and are beyond the control of
your mover, preventing your mover from performing the service agreed to in
the bill of lading, your mover is not responsible for damages resulting
from its nonperformance.
This may occur when you do not inform your mover of the exact delivery
requirements. For example, because of restrictions trucks must follow at
your new location, the mover may not be able to take its truck down the
street of your residence and may need to shuttle the shipment using
another type of vehicle.
Must my mover determine the weight of my shipment?
Generally, yes. If your mover transports your household goods on a
non-binding estimate under the mover's tariffs based upon weight, your
mover must determine the weight of the shipment. If your mover provided a
binding estimate and has loaded your shipment without claiming you have
added additional items or services, the weight of the shipment will not
affect the charges you will pay. If your mover is transporting your
shipment based upon the volume of the shipment - that is, a set number of
cubic feet (or yards or meters) - the weight of the shipment likewise will
not affect the charges you will pay.
Your mover must determine the weight of your shipment before requesting
you to pay for any charges dependent upon your shipment's weight.
Most Moving Companies have a minimum weight or volume charge for
transporting a shipment. Generally, the minimum is the charge for
transporting a shipment of at least 3,000 pounds (1,362 kilograms).
If your shipment appears to weigh less than the mover's minimum weight,
your mover must advise you on the order for service of the minimum cost
before transporting your shipment. Should your mover fail to advise you of
the minimum charges and your shipment is less than the minimum weight,
your mover must base your final charges upon the actual weight, not upon
the minimum weight.
How must my mover determine the weight of my shipment?
Your mover must weigh your shipment upon a certified scale.
The weight of your shipment must be obtained by using one of two
methods.
ORIGIN WEIGHING - Your mover may weigh your shipment in the city or
area where it loads your shipment. If it elects this option, the driver
must weigh the truck before coming to your residence. This is called the
TARE WEIGHT. At the time of this first weighing, the truck may already be
partially loaded with another shipment(s). This will not affect the weight
of your shipment. The truck should also contain the pads, dollies, hand
trucks, ramps, and other equipment normally used in the transportation of
household goods shipments.
After loading, the driver will weigh the truck again to obtain the
loaded weight, called the GROSS WEIGHT. The net weight of your shipment is
then obtained by subtracting the tare weight before loading from the gross
weight.
GROSS WEIGHT - TARE WEIGHT BEFORE LOADING = NET WEIGHT.
DESTINATION WEIGHING (Also called BACK WEIGHING) - The mover is also
permitted to determine the weight of your shipment at the destination
after it delivers your load. Weighing your shipment at destination instead
of at origin will not affect the accuracy of the shipment weight. THE MOST
IMPORTANT DIFFERENCE IS THAT YOUR MOVER WILL NOT DETERMINE THE EXACT
CHARGES ON YOUR SHIPMENT BEFORE IT IS UNLOADED.
Destination weighing is done in reverse of origin weighing. After
arriving in the city or area where you are moving, the driver will weigh
the truck. Your shipment will still be on the truck. Your mover will
determine the GROSS WEIGHT before coming to your new residence to unload.
After unloading your shipment, the driver will again weigh the truck to
obtain the TARE WEIGHT. The net weight of your shipment will then be
obtained by subtracting the tare weight after delivery from the gross
weight.
GROSS WEIGHT - TARE WEIGHT AFTER DELIVERY= NET WEIGHT.
At the time of both weighings, your mover's truck must have installed
or loaded all pads, dollies, hand trucks, ramps, and other equipment
required in the transportation of your shipment. The driver and other
persons must be off the vehicle at the time of both weighings. The fuel
tanks on the vehicle must be full at the time of each weighing. In lieu of
this requirement, your mover must not add fuel between the two weighings
when the tare weighing is the first weighing performed.
Your mover may detach the trailer of a tractor trailer vehicle
combination from the tractor and have the trailer weighed separately at
each weighing provided the length of the scale platform is adequate to
accommodate and support the entire trailer.
Your mover may use an alternative method to weigh your shipment if it
weighs 3,000 pounds (1,362 kilograms) or less. The only alternative method
allowed is weighing the shipment upon a platform or warehouse certified
scale before loading your shipment for transportation or after unloading.
Your mover must use the net weight of shipments transported in large
containers, such as ocean or railroad containers. Your mover will
calculate the difference between the tare weight of the container
(including all pads, blocking and bracing used in the transportation of
your shipment) and the gross weight of the container with your shipment
loaded in the container.
You have the right, and your mover must inform you of your right, to
observe all weighings of your shipment. Your mover must tell you where and
when each weighing will occur. Your mover must give you a reasonable
opportunity to be present to observe the weighings.
You may waive your right to observe any weighing or reweighing. This
does not affect any of your other rights under Federal law.
Your mover may request you waive your right to have a shipment weighed
upon a certified scale. Your mover may want to weigh the shipment upon a
trailer's on-board, noncertified scale. You should demand your right to
have a certified scale used. The use of a noncertified scale may cause you
to pay a higher final bill for your move, if the noncertified scale does
not accurately weigh your shipment. Remember that certified scales are
inspected and approved for accuracy by a government inspection or
licensing agency. Noncertified scales are not inspected and approved for
accuracy by a government inspection or licensing agency.
Your mover must obtain a separate weight ticket for each weighing. The
weigh master must sign each weight ticket. Each weight ticket must contain
the following six items:
- The complete name and location of the scale.
- The date of each weighing.
- Identification of the weight entries as being the tare, gross, or
net weights.
- The company or mover identification of the vehicle.
- Your last name as it appears on the Bill of Lading.
- Your mover's shipment registration or Bill of Lading number.
Your mover must retain the original weight ticket or tickets relating
to the determination of the weight of your shipment as part of its file on
your shipment.
When both weighings are performed on the same scale, one weight ticket
may be used to record both weighings.
Your mover must present all freight bills with true copies of all
weight tickets. If your mover does not present its freight bill with all
weight tickets, your mover is in violation of Federal law.
Before the driver actually begins unloading your shipment weighed at
origin and after your mover informs you of the billing weight and total
charges, you have the right to demand a reweigh of your shipment. If you
believe the weight is not accurate, you have the right to request your
mover reweigh your shipment before unloading.
You have the right, and your mover must inform you of your right, to
observe all reweighings of your shipment. Your mover must tell you where
and when each reweighing will occur. Your mover must give you a reasonable
opportunity to be present to observe the reweighings.
You may waive your right to observe any reweighing; however, you must
waive that right in writing. You may send the written waiver via fax or
e-mail, as well as by overnight courier or certified mail, return receipt
requested.
This does not affect any of your other rights under Federal law.
Your mover is prohibited from charging you for the reweighing. If the
weight of your shipment at the time of the reweigh is different from the
weight determined at origin, your mover must recompute the charges based
upon the reweigh weight.
Before requesting a reweigh, you may find it to your advantage to
estimate the weight of your shipment using the following three-step
method:
- Count the number of items in your shipment. Usually there will be
either 30 or 40 items listed on each page of the inventory. For example,
if there are 30 items per page and your inventory consists of four
complete pages and a fifth page with 15 items listed, the total number
of items will be 135. If an automobile is listed on the inventory, do
not include this item in the count of the total items.
- Subtract the weight of any automobile included in your shipment from
the total weight of the shipment. If the automobile was not weighed
separately, its weight can be found on its title or license receipt.
- Divide the number of items in your shipment into the weight. If the
average weight resulting from this exercise ranges between 35 and 45
pounds (16 and 20 kilograms) per article, it is unlikely a reweigh will
prove beneficial to you. In fact, it could result in your paying higher
charges.
Experience has shown that the average shipment of household goods will
weigh about 40 pounds (18 kilograms) per item. If a shipment contains a
large number of heavy items, such as cartons of books, boxes of tools or
heavier than average furniture, the average weight per item may be 45
pounds or more (20 kilograms or more).
What must my mover do if I want to know the actual weight or charges
for my shipment before delivery?
If you request notification of the actual weight or volume and charges
upon your shipment, your mover must comply with your request if it is
moving your goods on a collect-on-delivery basis. This requirement is
conditioned upon your supplying your mover with an address or telephone
number where you will receive the communication. Your mover must make its
notification by telephone; fax transmissions; e-mail; overnight courier;
certified mail, return receipt requested; or in person.
You must receive the mover's notification at least one full 24-hour day
before its scheduled delivery, excluding Saturdays, Sundays, and Federal
holidays.
Your mover may disregard this 24-hour notification requirement on
shipments subject to one of the following three things:
- Back weigh (when your mover weighs your shipment at its
destination).
- Pickup and delivery encompassing two consecutive weekdays, if you
agree.
- Maximum payment amounts at time of delivery of 110 percent of the
estimated charges, if you agree.
PART F - TRANSPORTATION OF MY SHIPMENT
Must my mover transport the shipment in a timely manner?
Yes, your mover must transport your household goods in a timely manner.
This is also known as "reasonable dispatch service." Your mover must
provide reasonable dispatch service to you, except for transportation on
the basis of guaranteed delivery dates.
When your mover is unable to perform either the pickup or delivery of
your shipment on the dates or during the periods of time specified in the
order for service, your mover must notify you of the delay, at the mover's
expense. As soon as the delay becomes apparent to your mover, it must give
you notification it will be unable to provide the service specified in the
terms of the order for service. Your mover may notify you of the delay in
any of the following ways: by telephone; fax transmissions; e-mail;
overnight courier; certified mail, return receipt requested; or in person.
When your mover notifies you of a delay, it also must advise you of the
dates or periods of time it may be able to pick up and/or deliver the
shipment. Your mover must consider your needs in its advisement.
Your mover must prepare a written record of the date, time, and manner
of its notification. Your mover must prepare a written record of its
amended date or period for delivery. Your mover must retain these records
as a part of its file on your shipment. The retention period is one year
from the date of notification. Your mover must furnish a copy of the
notification to you either by first class mail or in person, if you
request a copy of the notice.
Your mover must tender your shipment for delivery on the agreed=upon
delivery date or within the period specified on the bill of lading. Upon
your request or concurrence, your mover may deliver your shipment on
another day.
The establishment of a delayed pickup or delivery date does not relieve
your mover from liability for damages resulting from your mover's failure
to provide service as agreed. However, when your mover notifies you of
alternate delivery dates, it is your responsibility to be available to
accept delivery on the dates specified. If you are not available and are
not willing to accept delivery, your mover has the right to place your
shipment in storage at your expense or hold the shipment on its truck and
assess additional charges.
If after the pickup of your shipment, you request your mover to change
the delivery date, most Moving Companies will agree to do so provided your
request will not result in unreasonable delay to its equipment or
interfere with another customer's move. However, your mover is under no
obligation to consent to amended delivery dates. Your mover has the right
to place your shipment in storage at your expense if you are unwilling or
unable to accept delivery on the date agreed to in the bill of lading.
If your mover fails to pick up and deliver your shipment on the date
entered on the bill of lading and you have expenses you otherwise would
not have had, you may be able to recover those expenses from your mover.
This is what is called an inconvenience or delay claim. Should your mover
refuse to honor such a claim and you continue to believe you are entitled
to be paid damages, you may take your mover to court under 49 U.S.C.
14706. The Federal Motor Carrier Safety Administration (FMCSA) has no
authority to order your mover to pay such claims.
While we hope your mover delivers your shipment in a timely manner, you
should consider the possibility your shipment may be delayed, and find out
what payment you can expect if a mover delays service through its own
fault, before you agree with the mover to transport your shipment.
What must my mover do if it is able to deliver my shipment more than
24 hours before I am able to accept delivery?
At your mover's discretion, it may place your shipment in storage. This
will be under its own account and at its own expense in a warehouse
located in proximity to the destination of your shipment. Your mover may
do this if you fail to request or concur with an early delivery date, and
your mover is able to deliver your shipment more than 24 hours before your
specified date or the first day of your specified period.
If your mover exercises this option, your mover must immediately notify
you of the name and address of the warehouse where your mover places your
shipment. Your mover must make and keep a record of its notification as a
part of its shipment records. Your mover has full responsibility for the
shipment under the terms and conditions of the bill of lading. Your mover
is responsible for the charges for redelivery, handling, and storage until
it makes final delivery. Your mover may limit its responsibility to the
agreed-upon delivery date or the first day of the period of delivery as
specified in the bill of lading.
What must my mover do for me when I store household goods in
transit?
If you request your mover to hold your household goods in storage in
transit and the storage period is about to expire, your mover must notify
you, in writing, about the four following items:
- The date when storage-in-transit will convert to permanent storage.
- The existence of a nine-month period after the date of conversion to
permanent storage, during which you may file claims against your mover
for loss or damage occurring to your goods while in transit or during
the storage-in-transit period.
- Your mover's liability will end.
- Your property will be subject to the rules, regulations, and charges
of the warehouseman.
Your mover must make this notification at least 10 days before the
expiration date of one of the following two periods of time:
- The specified period of time when your mover is to hold your goods
in storage.
- The maximum period of time provided in its tariff for storage in
transit.
Your mover must notify you by facsimile transmission; overnight
courier; e-mail; or certified mail, return receipt requested.
If your mover holds your household goods in storage-in-transit for less
than 10 days, your mover must notify you, one day before the
storage-in-transit period expires, of the same information specified
above.
Your mover must maintain a record of all notifications to you as part
of the records of your shipment. Under the applicable tariff provisions
regarding storage-in-transit, your mover's failure or refusal to notify
you will automatically extend your mover's liability until the end of the
day following the date when your mover actually gives you notice.
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