Download:
pdf |
pdfYour Rights and Responsibilities
When You Move
Furnished By Your Mover, As Required By Federal Law
Appendix A to Part 375—Your Rights and Responsibilities When You Move
You must furnish this document to prospective individual shippers as required by
49 CFR 375.213. The text as it appears in this appendix may be reprinted in a form
and manner chosen by you, provided it complies with § 375.213(b)(2) and (b)(3).
You are not required to italicize titles of sections.
YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU MOVE
OMB No. 2126–0025
Furnished by Your Mover, as Required by Federal Law
Authority: 49 U.S.C. 13301, 13704, 13707, and 14104; 49 CFR 1.73.
0
Table of Contents
What is Included in this Booklet? .......................................................................... 1
Why Was I Given This Booklet?............................................................................ 3
What Are the Most Important Points I Should Remember From This Booklet? .... 4
What If I Have More Questions? ........................................................................... 5
Subpart A—General Requirements ...................................................................... 6
Subpart B—Before Requesting Services From Any Mover................................. 13
Subpart C—Service Options Provided................................................................ 26
Subpart D—Estimating Charges ......................................................................... 29
Subpart E—Pickup of My Shipment of Household Goods .................................. 36
Subpart F—Transportation of My Shipment........................................................ 49
Subpart G—Delivery of My Shipment ................................................................. 53
Subpart H—Collection of Charges ...................................................................... 56
Subpart I—Resolving Disputes With My Mover .................................................. 62
0
What Is Included in This Booklet?
In this booklet, you will find a discussion of each of these topics:
Why Was I Given This Booklet?
What Are the Most Important Points I Should Remember From This Booklet?
What If I Have More Questions?
Subpart A—General Requirements
Who must follow the regulations?
What definitions are used in this booklet?
Where may other terms used in this booklet be defined?
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 rates or 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?
1
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?
2
Subpart G—Delivery of My Shipment
May my mover ask me to sign a delivery receipt purporting to release 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 upon 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 Booklet?
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.
3
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 and a telephone number you can call to
obtain additional information about your move.
What Are the Most Important Points I Should Remember
From This Booklet?
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 re-weigh of your shipment.
9.
If you agree to move under a non-binding estimate, you should confirm with
4
your mover—in writing—the method of payment at delivery as cash, certified
check, money order, cashier’s check, 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
assesses. A household goods broker is not responsible for loss or damage.
12. You may request complaint information about movers from FMCSA under
the Freedom of Information Act (FOIA). 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?
If this booklet 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.
5
Subpart A—General Requirements
The primary responsibility for your protection lies with you in selecting a
reputable household goods carrier, ensuring you understand the terms and
conditions of your contract with your mover, and understanding and pursuing
the remedies that are available to you in case problems arise.
Who Must Follow the Regulations?
The regulations inform motor carriers engaged in the interstate transportation
of household goods (movers) what standards they must follow when offering
services to you. You, an individual shipper, are not directly subject to the
regulations. However, your mover may be required by the regulations to force
you to pay on time. The regulations only apply to your mover when the mover
transports your household goods by motor vehicle in interstate commerce - that
is, when you are moving from one State to another. The regulations do not
apply when your interstate move takes place within a single commercial zone.
A commercial zone is roughly equivalent to the local metropolitan area of a city
or town. For example, a move between Brooklyn, New York, and Hackensack,
New Jersey, 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 Booklet?
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.
6
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, the Yellow Pages advertising is included within
the definition.
Agent—A local moving company authorized to act on behalf of a larger,
national company.
Appliance Service by Third Party—The preparation of major electrical
appliances to make them safe for shipment. Charges for these services may
be in addition to the line-haul charges.
Bill of Lading—The receipt for your goods and the contract for their
transportation.
Carrier—The mover transporting your household goods.
Cash on Delivery (COD) —This means payment is required at the time of
delivery at the destination residence (or warehouse).
Certified Scale—Any scale designed for weighing motor vehicles, including
trailers or semitrailers not attached to a tractor, and certified by an authorized
7
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 a written agreement made in advance with your
mover. It guarantees the total cost of the move based upon the quantities and
services shown on the estimate.
Estimate, Non-Binding—This is what your mover believes the cost will be,
based upon the estimated weight of the shipment and the accessorial services
requested. A non-binding estimate is not binding on the mover. The final
charges will be based upon the actual weight of your shipment, the services
provided, and the tariff provisions in effect.
Expedited Service—This is an agreement with the mover to perform
transportation by a set date in exchange for charges based upon a higher
minimum weight.
Flight Charge—A charge for carrying items up or down flights of stairs.
Charges for these services may be in addition to the line-haul charges.
Guaranteed Pickup and Delivery Service— An additional level of service
featuring guaranteed dates of service. Your mover will provide reimbursement
to you for delays. This premium service is often subject to minimum weight
requirements.
High-Value Article—These are items included in a shipment valued at more
than $100 per pound ($220 per kilogram).
Household Goods, as used in connection with transportation, means the
personal effects or property used, or to be used, in a dwelling, when part of the
equipment or supplies of the dwelling. Transporting of the household goods
8
must be arranged for and paid by you or 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.
Household Goods Motor Carrier means a motor carrier that, in the ordinary
course of its business of providing transportation of household goods, offers
some or all of the following additional services: (1) Binding and non-binding
estimates, (2) Inventory, (3) Protective packing and unpacking of individual
items at personal residences, and (4) Loading and unloading at personal
residences. The term does not include a motor carrier when the motor carrier
provides transportation of household goods in containers or trailers that are
entirely loaded and unloaded by an individual (other than an employee or agent
of the motor carrier).
Individual Shipper—Any person who:
1. is the shipper, consignor, or consignee of a household goods shipment;
2. is identified as the shipper, consignor, or consignee on the face of the
bill of lading;
3. owns the goods being transported; and
4. pays his or her own tariff transportation charges.
Impracticable Operations generally refer to services required when operating
conditions make it physically impossible for the carrier to perform pickup or
delivery with its normally assigned road-haul equipment; requires the use of
smaller equipment and/or additional labor to complete pickup or delivery of a
shipment. A mover may require payment of additional charges for
impracticable operations, even if you do not request these services. The
specific services considered to be impracticable operations by your mover are
defined in your mover’s tariff.
9
Inventory—The detailed descriptive list of your household goods showing the
number and condition of each item.
Line-Haul Charges—The charges for the vehicle transportation portion of your
move. These charges, if separately stated, apply in addition to the accessorial
service charges.
Long Carry—A charge for carrying articles excessive distances between the
mover’s vehicle and your residence. Charges for these services may be in
addition to the line-haul charges.
May—An option. You or your mover may do something, but it is not a
requirement.
Mover—A motor carrier engaged in the transportation of household goods and
its household goods agents.
Must—A legal obligation. You or your mover must do something.
Order for Service—The document authorizing the mover to transport your
household goods.
Order (Bill of Lading) Number—The number used to identify and track your
shipment.
Peak Season Rates—Higher line-haul charges applicable during the summer
months. 4700 E:\FR\FM\05MRR3.SGM 05MRR3
Pickup and Delivery Charges—Separate transportation charges applicable
for transporting your shipment between the storage-in-transit warehouse and
your residence.
10
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, plus any charges for
additional services you requested, or permissible charges for impracticable
operations that were not included in the 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., 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
11
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, Telephone 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).
12
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 Booklet Be Defined?
You may find other terms used in this booklet defined in 49 U.S.C. 13102. The
statute controls the definitions in this booklet. If terms are used in this booklet and
the terms are defined neither here nor in 49 U.S.C. 13102, the terms will have the
ordinary practical meaning of such terms.
Subpart B—Before Requesting Services From Any Mover
What Is My Mover’s Normal Liability for Loss or Damage When My Mover
Accepts Goods From Me?
In general, your mover is legally liable for loss or damage that occurs during
performance of any transportation of household goods and of all related services
identified on your mover’s lawful bill of lading.
Your mover is liable for loss of, or damage to, any household goods to the extent
provided in the current Surface Transportation Board’s Released Rates Order.
You may obtain a copy of the current Released Rates Order by contacting the
Surface Transportation Board at the address provided under the definition of the
Surface Transportation Board. The rate may be increased annually by your mover
based on the U.S. Department of Commerce’s Cost of Living Adjustment. Your
mover may have additional liability if your mover sells liability insurance to you.
All moving companies are required to assume liability for the value of the goods
transported. However, there are different levels of liability, and you should be
aware of the amount of protection provided and the charges for each option.
13
Basically, most movers offer two different levels of liability under the terms of their
tariffs and the Surface Transportation Board’s Released Rates Orders. These
orders govern the moving industry.
Full-Value Protection (FVP) —This is the most comprehensive option available
for the protection of your goods. Unless you waive full-value protection in
writing and agree to Released Value Protection as described below, your
shipment will be transported under your mover’s FULL (REPLACEMENT)
VALUE level of liability. If any article is lost, destroyed, or damaged while in your
mover’s custody, your mover will, at its option, either: 1) repair the article to the
extent necessary to restore it to the same condition as when it was received by
your mover, or pay you for the cost of such repairs; 2) replace the article with an
article of like kind; or 3) pay you for the cost of a replacement article at the current
market replacement value, regardless of the age of the lost or damaged article.
Your mover will charge you for this level of protection, or you may select the
alternative level of liability described below.
The cost for FVP is based on the value that you place on your shipment; for
example, the valuation charge for a shipment valued at $25,000 would be about
$250.00. However, the exact cost for full-value protection may vary by mover and
may be further subject to various deductible levels of liability that may reduce your
cost. Ask your mover for the details and cost of its specific plan.
Under the FVP level of liability, 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 (for example, jewelry, silverware, china, furs,
antiques, oriental rugs, and computer software). Ask your mover for a complete
explanation of this limitation before your move. It is your responsibility to study this
provision carefully and to make the necessary declaration.
14
Release Value of 60 Cents Per Pound Per Article. This is the most economical
protection option available; however, this no-cost option provides only minimal
protection. Under this option, the mover assumes liability for no more than
60 cents per pound, per article. Loss or damage claims are settled based on the
weight of the article multiplied by 60 cents per pound. For example, if a 10-pound
stereo component, valued at $1,000 were lost or destroyed, the mover would be
liable for no more than $6.00 (10 pounds x 60 cents per pound). 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. If you do not select this alternative level of liability, your
shipment will be transported at the Full (Replacement) Value level of liability and
you will be assessed the applicable valuation charge.
These two levels of liability are not insurance agreements that are governed
by State insurance laws, but instead are contractual tariff levels of liability
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
[60 cents per pound ($1.32 per kilogram) per article]. 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.
15
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 the alternative level of liability (60 cents per pound per article)
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
16
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
include the following: 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:
17
1. Name or trade name of the mover under whose U.S. DOT number the
advertised service will originate.
2. U.S. DOT number, assigned by FMCSA, authorizing your mover to operate.
Your mover must display the information as: U.S. DOT No. (assigned
number).
You should compare the name or trade name of the mover and its U.S. DOT
number to the name and U.S. DOT 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 disputes involving loss of or damage to your household goods
shipment and disputes regarding charges that your mover billed in addition to
18
those collected at delivery. 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 items:
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 Rates or
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. Mover’s 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
19
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 and disputes regarding
charges that were billed to you in addition to those collected at delivery of your
shipment. 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 items:
a. A summary of the arbitration procedure.
b. Any applicable costs.
c. A disclosure of the legal effects of electing to use arbitration.
20
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 and your mover will be bound by arbitration for claims of $10,000 or less
if you request arbitration.
8.
You and your mover will be bound by arbitration for claims of more than
$10,000 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, and accurate summary of its
arbitration program.
21
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 To Me?
At the time your mover provides a written estimate, it must provide you with a copy
of the U.S. Department of Transportation publication FMCSA-ESA-03-005 entitled
“Ready to Move?” (or its successor publication). 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 booklet.
2. A concise, easy-to-read, and 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.
22
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 17 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 your shipment is moved under a non-binding
estimate).
9. Exact rate(s) assessed.
10. 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.
11. An indication of whether adjustments may apply to the bill.
12. Total charges due and acceptable methods of payment.
13. The nature and amount of any special service charges.
14. The points where special services were rendered.
15. Route of movement and name of each mover participating in the
transportation.
16. Transfer points where shipments moved.
17. 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
23
Saturdays, Sundays, and Federal holidays. 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 ten 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. In addition,
your mover may also collect at the time of delivery the cost of any additional
services that you requested after the contract with your mover was executed that
were not included in the estimate, and the charges for impracticable operations
needed to accomplish delivery, as defined by the carrier’s tariff. Additional
charges collected at the time of delivery for impracticable operations may not
exceed 15 percent of all other charges due at the time of delivery. You must pay all
remaining charges for impracticable operations within 30 days after you receive
the mover’s freight bill.
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
24
will pay its tariff charges within the credit period. Your mover may relinquish
possession of freight before you pay its tariff charges, at its discretion.
The credit period must begin on the day following presentation of your mover’s
freight bill to you. Under Federal regulation, the standard credit period is 7 days,
excluding Saturdays, Sundays, and Federal holidays. Your mover must also
extend the credit period to a total of 30 calendar days if the freight bill is not paid
within the 7-day period. A service charge equal to one percent of the amount of the
freight bill, subject to a $20 minimum, will be assessed for this extension and for
each additional 30-day period the charges go unpaid.
Your failure to pay within the credit period will require your mover to determine
whether you will comply with the Federal household goods transportation credit
regulations in good faith in the future before extending credit again.
May My Mover Accept Charge or Credit Cards for My Payments?
Your mover may allow you to use a charge or credit card for payment of the freight
charges. Your mover may accept charge or credit cards whenever you ship with it
under an agreement and tariff requiring payment by cash or cash equivalents.
Cash equivalents are a certified check, money order, or cashier’s check (a check
that a financial institution—bank, credit union, savings and loan—draws upon itself
and that is signed by an officer of the financial institution).
If your mover allows you to pay for a freight or expense bill by charge or credit card,
your mover deems such a payment to be equivalent to payment by cash, certified
check, or cashier’s check. It must note in writing on the order for service and the
bill of lading whether you may pay for the transportation and related services using
a charge or credit card. You should ask your mover at the time the estimate is
written whether it will accept charge or credit cards at the time of delivery.
25
The mover must specify what charge or credit cards it will accept, such as
American Express™, Discover™, MasterCard™, or Visa™. If your mover agrees
to accept payment by charge or credit card, you must arrange with your mover for
the delivery only at a time when your mover can obtain authorization for your credit
card transaction. If you cause a charge or credit card issuer to reverse a
transaction, your mover may consider your action tantamount to forcing your
mover to provide an involuntary extension of its credit.
Subpart C—Service Options Provided
What Service Options May My Mover Provide?
Your mover may provide any service options it chooses. It is customary for movers
to offer several price and service options.
The total cost of your move may increase if you want additional or special services.
Before you agree to have your shipment moved under a bill of lading providing
special service, you should have a clear understanding with your mover of what
the additional cost will be. You should always consider whether other movers
might 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.
26
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
27
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
28
liability for the value of the shipment. This would offer you a degree of protection in
the event your mover fails to issue you a policy or other appropriate evidence of
insurance at the time of purchase.
Subpart D—Estimating Charges
Must My Mover Estimate the Transportation and Accessorial Charges for My
Move?
We require your mover to prepare a written estimate on every shipment
transported for you. You are entitled to a copy of the written estimate when your
mover prepares it. Your mover must provide you a written estimate of all charges,
including transportation, accessorial, and advance charges. Your mover’s ‘‘rate
quote’’ is not an estimate. You and your mover must sign the estimate of charges.
Your mover must provide you with a dated copy of the estimate of charges at the
time you sign the estimate.
If the location that you are moving from is located within a 50 mile radius of your
mover’s (or its agent’s) place of business, the estimate that your mover provides to
you must be based on a physical survey of your goods. You may waive the
requirement for a physical survey if you choose, but your waiver must be in the
form of a written agreement signed by you before your shipment is loaded.
You should be aware that if you receive an estimate from a household goods
broker, the mover may not be 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
29
American Express™, a specific credit card such as Visa™, and your mover’s own
credit.
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 a written agreement made in advance with your mover,
indicating you and the mover are bound by the charges. 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. The
estimate must indicate that your final charges will be based upon the actual weight
of your shipment, the services provided, and the mover’s tariff provisions in effect.
You should be prepared to pay ten percent more than the estimated amount at
delivery.
You must also be prepared to pay at delivery the cost of any additional services
that you requested after the contract was executed that were not included in the
estimate and charges for impracticable operations. Impracticable operations are
defined in your mover’s tariff and you should ask to see the mover’s tariff to
determine what services constitute impracticable operations. Charges for
impracticable operations due at delivery may not exceed 15 percent of all other
charges due at delivery.
30
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, your mover will collect the
charges for those services when your shipment is delivered. However, charges for
impracticable operations due at delivery may not exceed 15 percent of all other
charges due at delivery.
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 to
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.
31
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 provide one of the following three
items:
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.
If you request additional services after the bill of lading is executed, your
mover will collect the charges for these additional services when your
shipment is delivered.
7.
If your mover must perform impracticable operations, as defined in its tariff, to
accomplish the delivery of your shipment, your mover will collect the charges
for these services when your shipment is delivered. However, charges for
impracticable operations collected at delivery must not exceed 15 percent of
32
all other charges due at delivery. Any remaining impracticable operations
charges must be paid within 30 days after you receive the mover’s freight bill.
8.
Failure of your mover to relinquish possession of a shipment upon your offer
to pay the binding estimate amount plus the cost of any additional services
that you requested after the contract was executed, and the charges for
impracticable operations, not to exceed 15 percent of all other charges due at
delivery, constitutes 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 calculated based on your mover’s tariffs. Federal law
requires your mover to collect the charges in accordance with 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 not be the
amount that you will ultimately have to pay.
You must be prepared to pay ten 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 collect the charges
for those additional services when your shipment is delivered.
33
You may also have to pay additional charges at delivery for impracticable
operations performed by your mover.
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:
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.
34
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 provide one of the following
two estimates:
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 for the services and quantities shown on the estimate.
9.
If you request additional services after the bill of lading is executed, your
mover will collect the charges for these additional services when your
shipment is delivered.
10.
If your mover must perform impracticable operations, as defined in its tariff, to
accomplish the delivery of your shipment, your mover will collect the charges
for these services when your shipment is delivered. However, charges for
impracticable operations collected at delivery must not exceed 15 percent of
all other charges due at delivery. Any remaining impracticable operations
charges must be paid within 30 days after you receive the mover’s freight bill.
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.
35
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, and
defer billing for the remaining charges for at least 30 days.
There are two exceptions to this requirement. Your mover may demand payment
at the time of delivery of the cost of any additional services that you requested after
the contract was executed that were not included in the estimate. Your mover may
also require you to pay charges for impracticable operations at the time of delivery,
provided these charges do not exceed 15 percent of all other charges due at
delivery. Impracticable operations charges that exceed 15 percent of all other
charges due at delivery are due within 30 days after you receive the mover’s freight
bill. 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, plus the cost of any additional services that you requested after the
contract was executed that were not included in the estimate, and the charges for
impracticable operations, not to exceed 15 percent of all other charges due at
delivery, constitutes failure to transport the shipment with ‘‘reasonable dispatch’’
and subjects your mover to cargo delay claims under 49 CFR Part 370.
Subpart E—Pickup of My Shipment of Household Goods
Must My Mover Write Up an Order for Service?
We require your mover to prepare an order for service on every shipment
transported for you. You are entitled to a copy of the order for service when your
mover prepares it.
36
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:
1.
Your mover’s name and address and the U.S. DOT 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:
a. The agreed-upon pickup date and agreed delivery date of your
move.
b. The agreed-upon period(s) of the entire move.
c. 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.
37
9.
The maximum amount your mover will demand, based on the mover’s
estimate, 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 Surface Transportation 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.
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(s) 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.
38
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 an order for service for a shipment 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
39
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.
40
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.
41
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, based on the
mover’s estimate, 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 for 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:
a. The binding or non-binding estimate.
b. The order for service.
c. 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
42
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 they 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, your mover must determine the actual weight of the shipment in order to
43
calculate its lawful tariff charge. 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.
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 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 or destination weighing.
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
44
weight of your shipment is then obtained by subtracting the tare weight before
loading from the gross weight.
Gross Weight Less the 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 Less the 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 normally 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
45
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 re-weighing. 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, non-certified scale. You should demand your right to have a certified
scale used. The use of a non-certified scale may cause you to pay a higher final
bill for your move, if the non-certified scale does not accurately weigh your
shipment. Remember that certified scales are inspected and approved for
accuracy by a government inspection or licensing agency. Non-certified scales
are not inspected and approved for accuracy by a government inspection or
licensing agency.
46
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 re-weigh of your shipment. If you believe the weight is not
accurate, you have the right to request your mover re-weigh your shipment before
unloading.
You have the right, and your mover must inform you of your right, to observe all
re-weighings of your shipment. Your mover must tell you where and when each
re-weighing will occur. Your mover must give you a reasonable opportunity to be
present to observe the re-weighings. You may waive your right to observe any
re-weighing; however, you must waive that right in writing. You may send the
47
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 re-weighing. If the weight of
your shipment at the time of the re-weigh is different from the weight determined at
origin, your mover must re-compute the charges based upon the re-weigh weight.
Before requesting a re-weigh, 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 re-weigh 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).
48
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 and charges of 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 with 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 situations:
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
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.
49
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, they must give you notification they
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 with 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 they 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. If you
request a copy of the notice, your mover must furnish a copy of the notification to
you either by first class mail or in person.
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
50
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. If you are unwilling or
unable to accept delivery on the date agreed to in the bill of lading, your mover has
the right to place your shipment in storage at your expense.
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. 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. Before you agree with the
mover to transport your shipment, find out what payment you can expect if a mover
delays service through its own fault.
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.
51
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 re-delivery, 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 ten 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 fax transmission, overnight courier, e-mail; or
certified mail with return receipt requested, or in person.
52
If your mover holds your household goods in storage-in-transit for less than ten
days, your mover must notify you, one day before the storage-in-transit period
expires, of the same information specified above.
Your mover must maintain a record of all notifications to you as part of the records
of your shipment. Under the applicable tariff provisions regarding
storage-in-transit, your mover’s failure or refusal to notify you will automatically
extend your mover’s liability until the end of the day following the date when your
mover actually gives you notice.
Subpart G—Delivery of My Shipment
May My Mover Ask Me To Sign a Delivery Receipt Purporting To Release It
From Liability?
At the time of delivery, your mover will expect you to sign a receipt for your
shipment. Normally, you will sign each page of your mover’s copy of the inventory.
Your mover’s delivery receipt or shipping document must not contain any language
purporting to release or discharge it or its agents from liability.
Your mover may include a statement about your receipt of your property in
apparent good condition, except as noted on the shipping documents.
Do not sign the delivery receipt if it contains any language purporting to release or
discharge your mover or its agents from liability. Strike out such language before
signing, or refuse delivery if the driver or mover refuses to provide a proper delivery
receipt.
53
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,
plus the cost of any additional services that you requested after the contract was
executed that were not included in the estimate, and any charges for impracticable
operations, not to exceed 15 percent of all other charges due at delivery. 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, plus the cost of any additional services that you requested after
the contract was executed that were not included in the estimate, and any charges
for impracticable operations, not to exceed 15 percent of all other charges due at
delivery. 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.
54
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.
If you pack a hazardous material (for example, gasoline, aerosol cans, motor oil)
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.
If your mover chooses, your mover may first collect its freight charges for the entire
shipment.. 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.
55
How Must My Mover Calculate the Charges Applicable to the Shipment as
Delivered?
Your mover must multiply the percentage corresponding to the delivered shipment
times the total charges applicable to the shipment tendered by you to obtain the
total charges it must collect from you.
If your mover’s computed charges exceed the charges otherwise applicable to the
shipment as delivered, the lesser of those charges must apply. This will apply only
to the transportation of your household goods.
Your mover must require you to pay any specific valuation charge due.
Your mover may not refund the freight charges if the loss or destruction was due to
an act or omission by you. For example, you fail to disclose to your mover that
your shipment contains perishable live plants. Your mover may disregard its loss
or destruction of your plants, because you failed to inform your mover you were
transporting live plants.
Your mover must determine, at its own expense, the proportion of the shipment,
based on actual or constructive weight, not lost or destroyed in transit.
Your rights are in addition to, and not in lieu of, any other rights you may have with
respect to your shipment of household goods your mover lost or destroyed, or
partially lost or destroyed, in transit. This applies whether or not you have
exercised your rights provided above.
Subpart H—Collection of Charges
Does This Subpart Apply to Most Shipments?
It applies to all shipments of household goods that involve a balance due freight or
expense bill or are shipped on credit.
56
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,
plus the cost of any additional services that you requested after the contract was
executed that were not included in the estimate, and any charges for impracticable
operations, not to exceed 15 percent of all other charges due at the time of
delivery.
57
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 receive a refund. 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 delivered 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
charges based on the weight of the shipment will be presented 30 days after
delivery; charges for impracticable operations not paid at delivery are due within 30
days of the invoice.)
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.
58
If your mover extends credit to you, freight bills or a separate written notice
accompanying a freight bill or a group of freight bills presented at one time must
state, ‘‘You may be subject to tariff penalties for failure to timely pay freight
charges,’’ or a similar statement. Your mover must state on its freight bills or other
notices when it expects payment, and any applicable service charges, collection
expense charges, and discount terms.
When your mover lacks sufficient information to compute its tariff charges at the
time of billing, your mover must present its freight bill for payment within 15 days
following the day when sufficient information becomes available. This period
excludes Saturdays, Sundays, and Federal holidays.
Your mover must not extend additional credit to you if you fail to furnish sufficient
information to your mover. Your mover must have sufficient information to render
a freight bill within a reasonable time after shipment.
When your mover presents freight bills by mail, it must deem the time of mailing to
be the time of presentation of the bills. The term ‘‘freight bills,’’ as used in this
paragraph, includes both paper documents and billing by use of electronic media
such as computer tapes, disks, or the Internet (e-mail).
When you mail acceptable checks or drafts in payment of freight charges, your
mover must deem the act of mailing the payment within the credit period to be the
proper collection of the tariff charges within the credit period for the purposes of
Federal law. In case of a dispute as to the date of mailing, your mover must accept
the postmark as the date of mailing.
If I Forced My Mover To Relinquish a Collect-on-Delivery Shipment Before
the Payment of ALL Charges, How Must My Mover Collect the Balance?
On ‘‘collect-on-delivery’’ shipments, your mover must present its freight bill for
transportation charges within 15 days, calculated from the date the shipment was
59
delivered at your destination. This period excludes Saturdays, Sundays, and
Federal holidays. (Bills for additional charges based on the weight of the shipment
will be presented 30 days after delivery; charges for impracticable operations not
paid at delivery are due within 30 days of the invoice.)
What Actions May My Mover Take To Collect From Me the Charges Upon Its
Freight Bill?
Your mover must present a freight bill within 15 days (excluding Saturdays,
Sundays, and Federal holidays) of the date of delivery of a shipment at your
destination. (Bills for additional charges based on the weight of the shipment will
be presented 30 days after delivery; charges for impracticable operations not paid
at delivery are due within 30 days of the invoice.)
Your mover must provide in its tariffs the following three provisions:
1. A provision indicating its credit period is a total of 30 calendar days.
2. A provision indicating you will be assessed a service charge by your mover
equal to one percent of the amount of the freight bill, subject to a $20
minimum charge, for the extension of the credit period. The mover will
assess the service charge for each 30-day extension that the charges go
unpaid.
3. A provision that your mover must deny credit to you if you fail to pay a duly
presented freight bill within the 30-day period. Your mover may grant credit
to you, at its discretion, when you satisfy your mover’s condition that you will
pay all future freight bills duly presented. Your mover must ensure all your
payments of freight bills are strictly in accordance with Federal rules and
regulations for the settlement of its rates and charges.
60
Do I Have a Right To File a Claim To Recover Money for Property My Mover
Lost or Damaged?
Should your move result in the loss of or damage to any of your property, you have
the right to file a claim with your mover to recover money for such loss or damage.
You should file a claim as soon as possible. If you fail to file a claim within
9 months, your mover may not be required to accept your claim. If you institute a
court action and win, you may be entitled to attorney’s fees if you submitted your
claim to the mover within 120 days after delivery or the date delivery is scheduled
(whichever is later); and (1) the mover did not advise you during the claim
settlement process of the availability of arbitration as a means for resolving the
dispute; (2) a decision was not rendered through arbitration within the time
required by law; or (3) you are instituting a court action to enforce an arbitration
decision with which the mover has not complied.
While the Federal Government maintains regulations governing the processing of
loss and damage claims (49 CFR Part 370), it cannot resolve those claims. If you
cannot settle a claim with the mover, you may file a civil action to recover your
claim in court under 49 U.S.C. 14706. You may obtain the name and address of
the mover’s agent for service of legal process in your State by contacting FMCSA.
You may also obtain the name of a process agent via the Internet. Go to
http://www.fmcsa.dot.gov then click on Licensing and Insurance (L&I) section.
In addition, your mover must participate in an arbitration program. As described
earlier in this booklet, an arbitration program gives you the opportunity to settle
certain types of unresolved loss or damage claims and disputes regarding charges
that were billed to you by your mover after your shipment was delivered through a
neutral arbitrator. You may find submitting your claim to arbitration under such a
program to be a less expensive and more convenient way to seek recovery of your
claim. Your mover is required to provide you with information about its arbitration
61
program before you move; if your mover fails to do so, ask the mover for more
details.
Subpart I—Resolving Disputes With My Mover
What May I Do To Resolve Disputes With My Mover?
FMCSA does not help you settle your dispute with your mover.
Generally, you must resolve your own loss and damage disputes with your mover.
You enter a contractual arrangement with your mover. You are bound by each of
the following three terms and conditions:
1. The terms and conditions you negotiated before your move.
2. The terms and conditions you accepted when you signed the bill of lading.
3. The terms and conditions you accepted when you signed for delivery of your
goods.
You have the right to take your mover to court. We require your mover to offer you
arbitration to settle your disputes with it.
If your mover holds your goods ‘‘hostage’’ - refuses delivery unless you pay an
amount you believe the mover is not entitled to charge - FMCSA does not have the
resources to seek a court injunction on your behalf.
62
FMCSA-ESA-03-006
Revised April 2006
| File Type | application/pdf |
| File Title | Department of Transportation |
| Author | dhauenstein |
| File Modified | 2007-10-12 |
| File Created | 2006-04-20 |