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Rights and Responsibility
In this pamphlet, you will find
a discussion of each of these topics:
SUBPART A - GENERAL REQUIREMENTS
SUBPART B - BEFORE REQUESTING SERVICES FROM ANY MOVER
SUBPART C - SERVICE OPTIONS PROVIDED
SUBPART D - ESTIMATING CHARGES
SUBPART E - PICKUP OF MY SHIPMENT OF HOUSEHOLD GOODS
SUBPART F - TRANSPORTATION OF MY SHIPMENT
SUBPART G - DELIVERY OF MY SHIPMENT
SUBPART H - COLLECTION OF CHARGES
SUBPART I - RESOLVING DISPUTES WITH MY MOVER
WHY WAS I GIVEN THIS PAMPHLET?
The Federal Motor Carrier
Safety Administration's (FMCSA) regulations protect
consumers on interstate moves and define the rights and
responsibilities of consumers and household goods
carriers.
The household goods carrier
(mover) gave you this booklet to provide information
about your rights and responsibilities as an individual
shipper of household goods. Your primary responsibility
is to select a reputable household goods carrier, ensure
that you understand the terms and conditions of the
contract, and understand and pursue the remedies that
are available to you in case problems arise. You should
talk to your mover if you have further questions. The
mover will also furnish you with additional written
information describing its procedure for handling your
questions and complaints. The additional written
information will include a telephone number you can call
to obtain additional information about your move.
WHAT ARE THE MOST IMPORTANT POINTS I SHOULD REMEMBER
FROM THIS PAMPHLET?
-
Movers must give written
estimates.
-
Movers may give binding
estimates.
-
Non-binding estimates are not
always accurate; actual charges may exceed the
estimate.
-
If your mover provides you (or
someone representing you) with any partially
complete document for your signature, you should
verify the document is as complete as possible
before signing it. Make sure the document contains
all relevant shipping information, except the actual
shipment weight and any other information necessary
to determine the final charges for all services
performed.
-
You may request from your
mover the availability of guaranteed pickup and
delivery dates.
-
Be sure you understand the
mover's responsibility for loss or damage, and
request an explanation of the difference between
valuation and actual insurance.
-
You have the right to be
present each time your shipment is weighed.
-
You may request a reweigh of
your shipment.
-
If you agree to move under a
non-binding estimate, you should confirm with your
mover - in writing - the method of payment at
delivery as cash, certified check, cashier's check,
money order, or credit card.
-
Movers must offer a dispute
settlement program as an alternative means of
settling loss or damage claims. ASK YOUR MOVER FOR
DETAILS.
-
You should ask the person you
speak to whether he or she works for the actual
mover or a household goods broker. A household goods
broker only arranges for the transportation. A
household goods broker must not represent itself as
a mover. A household goods broker does not own
trucks of its own. The broker is required to find an
authorized mover to provide the transportation. You
should know that a household goods broker generally
has no authority to provide you an estimate on
behalf of a specific mover. If a household goods
broker provides you an estimate, it may not be
binding on the actual mover and you may have to pay
the actual charges the mover incurs. A household
goods broker is not responsible for loss or damage.
-
You may request complaint
information about movers from the Federal Motor
Carrier Safety Administration under the Freedom of
Information Act. You may be assessed a fee to obtain
this information. See 49 CFR Part 7 for the schedule
of fees.
-
You should seek estimates from
at least three different movers. You should not
disclose any information to the different movers
about their competitors, as it may affect the
accuracy of their estimates.
WHAT IF I HAVE MORE QUESTIONS?
If this pamphlet does not
answer all of your questions about your move, do not
hesitate to ask your mover's representative who handled
the arrangements for your move, the driver who
transports your shipment, or the mover's main office for
additional information.
SUBPART A - GENERAL REQUIREMENTS
The primary responsibility for
your protection lies with you in selecting a reputable
household goods carrier, ensuring you understand the
terms and conditions of your contract with your mover,
and understanding and pursuing the remedies that are
available to you in case problems arise.
Who must follow the regulations?
The regulations inform motor
carriers engaged in the interstate transportation of
household goods (movers) what standards they must follow
when offering services to you. You, an individual
shipper, are not directly subject to the regulations.
However, your mover may be required by the regulations
to force you to pay on time. The regulations only apply
to your mover when the mover transports your household
goods by motor vehicle in interstate commerce - that is,
when you are moving from one State to another. The
regulations do not apply when your interstate move takes
place within a single commercial zone. A commercial zone
is roughly equivalent to the local metropolitan area of
a city or town. For example, a move between Brooklyn,
NY, and Hackensack, NJ, would be considered to be within
the New York City commercial zone and would not be
subject to these regulations. Commercial zones are
defined in 49 CFR part 372.
What definitions are used in this pamphlet?
ACCESSORIAL (ADDITIONAL) SERVICES - These are
services such as packing, appliance servicing,
unpacking, or piano stair carries that you request to be
performed (or that are necessary because of landlord
requirements or other special circumstances). Charges
for these services may be in addition to the line haul
charges.
ADVANCED CHARGES - These are charges for services
performed by someone other than the mover. A
professional, craftsman, or other third party may
perform these services at your request. The mover pays
for these services and adds the charges to your bill of
lading charges.
ADVERTISEMENT - This is any communication to the
public in connection with an offer or sale of any
interstate household goods transportation service. This
will include written or electronic database listings of
your mover's name, address, and telephone number in an
on-line database. This excludes listings of your mover's
name, address, and telephone number in a telephone
directory or similar publication. However, Yellow Pages
advertising is included within the definition.
AGENT - A local moving company authorized to act on
behalf of a larger, national company.
APPLIANCE SERVICE BY THIRD PARTY - The preparation
of major electrical appliances to make them safe for
shipment. Charges for these services may be in addition
to the line haul charges.
BILL OF LADING - The receipt for your goods and the
contract for their transportation.
CARRIER - The mover transporting your household
goods.
CASH ON DELIVERY (COD) - This means payment is
required at the time of delivery at the destination
residence (or warehouse).
CERTIFIED SCALE - Any scale designed for weighing
motor vehicles, including trailers or semitrailers not
attached to a tractor, and certified by an authorized
scale inspection and licensing authority. A certified
scale may also be a platform or warehouse type scale
that is properly inspected and certified.
ESTIMATE, BINDING - This is an agreement made in
advance with your mover. It guarantees the total cost of
the move based upon the quantities and services shown on
the estimate.
ESTIMATE, NON-BINDING - This is what your mover
believes the cost will be, based upon the estimated
weight of the shipment and the accessorial services
requested. A non-binding estimate is not binding on the
mover. The final charges will be based upon the actual
weight of your shipment, the services provided, and the
tariff provisions in effect.
EXPEDITED SERVICE - This is an agreement with the
mover to perform transportation by a set date in
exchange for charges based upon a higher minimum weight.
FLIGHT CHARGE - A charge for carrying items up or
down flights of stairs. Charges for these services may
be in addition to the line haul charges.
GUARANTEED PICKUP AND DELIVERY SERVICE - An
additional level of service featuring guaranteed dates
of service. Your mover will provide reimbursement to you
for delays. This premium service is often subject to
minimum weight requirements.
HIGH VALUE ARTICLE - These are items included in a
shipment valued at more than $100 per pound ($220 per
kilogram).
HOUSEHOLD GOODS, as used in connection with
transportation, means the personal effects or property
used, or to be used, in a dwelling, when part of the
equipment or supplies of the dwelling. Transportation of
the household goods must be arranged and paid for by you
or by another individual on your behalf. This may
include items moving from a factory or store when you
purchase them to use in your dwelling. You must request
that these items be transported, and you (or another
individual on your behalf) must pay the transportation
charges to the mover.
INVENTORY - The detailed descriptive list of your
household goods showing the number and condition of each
item.
LINE HAUL CHARGES - The charges for the vehicle
transportation portion of your move. These charges, if
separately stated, apply in addition to the accessorial
service charges.
LONG CARRY - A charge for carrying articles
excessive distances between the mover's vehicle and your
residence. Charges for these services may be in addition
to the line haul charges.
MAY - An option. You or your mover may do something,
but it is not a requirement.
MOVER - A motor carrier engaged in the
transportation of household goods and its household
goods agents.
MUST - A legal obligation. You or your mover must do
something.
ORDER FOR SERVICE - The document authorizing the
mover to transport your household goods.
ORDER (BILL OF LADING) NUMBER - The number used to
identify and track your shipment.
PEAK SEASON RATES - Higher line haul charges
applicable during the summer months.
PICKUP AND DELIVERY CHARGES - Separate
transportation charges applicable for transporting your
shipment between the storage-in-transit warehouse and
your residence.
REASONABLE DISPATCH - The performance of
transportation on the dates, or during the period of
time, agreed upon by you and your mover and shown on the
Order for Service/Bill of Lading. For example, if your
mover deliberately withholds any shipment from delivery
after you offer to pay the binding estimate or 110
percent of a non-binding estimate, your mover has not
transported the goods with reasonable dispatch. The term
"reasonable dispatch" excludes transportation provided
under your mover's tariff provisions requiring
guaranteed service dates. Your mover will have the
defense of force majeure, i.e., that the contract cannot
be performed owing to causes that are outside the
control of the parties and that could not be avoided by
exercise of due care.
SHOULD - A recommendation. We recommend you or your
mover do something, but it is not a requirement.
SHUTTLE SERVICE - The use of a smaller vehicle to
provide service to residences not accessible to the
mover's normal line haul vehicles.
STORAGE-IN-TRANSIT (SIT) - The temporary warehouse
storage of your shipment pending further transportation,
with or without notification to you. If you (or someone
representing you) cannot accept delivery on the
agreed-upon date or within the agreed-upon time period
(for example, because your home is not quite ready to
occupy), your mover may place your shipment into SIT
without notifying you. In those circumstances, you will
be responsible for the added charges for SIT service, as
well as the warehouse handling and final delivery
charges.
However, your mover also may place your shipment
into SIT if your mover was able to make delivery before
the agreed-upon date (or before the first day of the
agreed-upon delivery period), but you did not concur
with early delivery. In those circumstances, your mover
must notify you immediately of the SIT, and your mover
is fully responsible for redelivery charges, handling
charges, and storage charges.
SURFACE TRANSPORTATION BOARD - An agency within the
U.S. Department of Transportation that regulates
household goods carrier tariffs, among other
responsibilities. The Surface Transportation Board's
address is 1925 K Street NW., Washington, DC 20423-0001
Tele. 202-565-1674.
TARIFF - An issuance (in whole or in part)
containing rates, rules, regulations, classifications,
or other provisions. The Surface Transportation Board
requires that a tariff contain three specific items.
First, an accurate description of the services the mover
offers to the public. Second, the specific applicable
rates (or the basis for calculating the specific
applicable rates) and service terms for services offered
to the public. Third, the mover's tariff must be
arranged in a way that allows you to determine the exact
rate(s) and service terms applicable to your shipment.
VALUATION - The degree of worth of the shipment. The
valuation charge compensates the mover for assuming a
greater degree of liability than is provided for in its
base transportation charges.
WAREHOUSE HANDLING - A charge may be applicable each
time SIT service is provided. Charges for these services
may be in addition to the line haul charges. This charge
compensates the mover for the physical placement and
removal of items within the warehouse.
WE, US, and OUR - The Federal Motor Carrier Safety
Administration (FMCSA).
YOU and YOUR - You are an individual shipper of
household goods. You are a consignor or consignee of a
household goods shipment and your mover identifies you
as such in the bill of lading contract. You own the
goods being transported and pay the transportation
charges to the mover.
Where may other terms used in this pamphlet be defined?
You may find other terms used
in this pamphlet defined in 49 U.S.C. 13102. The statute
controls the definitions in this pamphlet. If terms are
used in this pamphlet and the terms are defined neither
here nor in 49 U.S.C. 13102, the terms will have the
ordinary practical meaning of such terms.
SUBPART B - BEFORE REQUESTING SERVICES FROM ANY MOVER
What is my mover's normal liability for loss or damage
when my mover accepts goods from me?
In general, your mover is
legally liable for loss or damage that occurs during
performance of any transportation of household goods and
of all related services identified on your mover's
lawful bill of lading.
Your mover is liable for loss
of, or damage to, any household goods to the extent
provided in the current Surface Transportation Board's
Released Rates Order. You may obtain a copy of the
current Released Rates Order by contacting the Surface
Transportation Board at the address provided under the
definition of the Surface Transportation Board. The rate
may be increased annually by your mover based on the
U.S. Department of Commerce's Cost of Living Adjustment.
Your mover may have additional liability if your mover
sells liability insurance to you.
All moving companies are
required to assume liability for the value of the goods
transported. However, there are different levels of
liability, and you should be aware of the amount of
protection provided and the charges for each option.
Basically, most movers offer
two different levels of liability (options 1 and two
below) under the terms of their tariffs and the Surface
Transportation Board's Released Rates Orders. These
orders govern the moving industry.
OPTION 1: RELEASED VALUE
This is the most economical
protection option available. This no-additional-cost
option provides minimal protection. Under this option,
the mover assumes liability for no more than 60 cents
per pound ($1.32 cents per kilogram), per article. Loss
or damage claims are settled based upon the pound
(kilogram) weight of the article multiplied by 60 cents
per pound ($1.32 cents per kilogram). For example, if
your mover lost or destroyed a 10-pound (4.54-kilogram)
stereo component valued at $1,000, your mover would be
liable for no more than $6.00. Obviously, you should
think carefully before agreeing to such an arrangement.
There is no extra charge for this minimal protection,
but you must sign a specific statement on the bill of
lading agreeing to it.
OPTION 2: FULL VALUE PROTECTION (FVP)
Under this option, the mover is
liable for the replacement value of lost or damaged
goods (as long as it doesn't exceed the total declared
value of the shipment). If you elect to purchase full
value protection, and your mover loses, damages or
destroys your articles, your mover must repair, replace
with like items, or settle in cash at the current market
replacement value, regardless of the age of the lost or
damaged item. The minimum declared value of a shipment
under this option is $5,000 or $4.00 times the actual
total weight (in pounds) of the shipment, whichever is
greater. For example, the minimum declared value for a
4,000-pound (1,814.4-kilogram) shipment would be
$16,000. Your mover may offer you FVP with a $250 or
$500 deductible, or with no deductible at all. The
amount of the deductible will affect the cost of your
FVP coverage. The $4.00 per pound minimum valuation rate
may be increased annually by your mover based on changes
in the household furnishings element of the Consumer
Price Index established by the U.S. Department of
Labor's Bureau of Labor Statistics.
Unless you specifically agree
to other arrangements, the mover must assume liability
for the entire shipment based upon this option. The
approximate cost for FVP is $8.50 for each $1,000 of
declared value; however, it may vary by mover. In the
example above, the valuation charge for a shipment
valued at $16,000 would be $136.00. As noted above, this
fee may be adjusted annually by your mover based on
changes in the household furnishings element of the
Consumer Price Index.
Under both of these liability
options, movers are permitted to limit their liability
for loss or damage to articles of extraordinary value,
unless you specifically list these articles on the
shipping documents. An article of extraordinary value is
any item whose value exceeds $100 per pound ($220 per
kilogram). Ask your mover for a complete explanation of
this limitation before your move. It is your
responsibility to study this provision carefully and
make the necessary declaration.
These optional levels of
liability are not insurance agreements governed by State
insurance laws, but instead are authorized under
Released Rates Orders of the Surface Transportation
Board of the U.S. Department of Transportation.
In addition to these options,
some movers may also offer to sell, or procure for you,
separate liability insurance from a third-party
insurance company when you release your shipment for
transportation at the minimum released value of 60 cents
per pound ($1.32 per kilogram) per article (option 1).
This is not valuation coverage governed by Federal law,
but optional insurance regulated under State law. If you
purchase this separate coverage and your mover is
responsible for loss or damage, the mover is liable only
for an amount not exceeding 60 cents per pound ($1.32
per kilogram) per article, and the balance of the loss
is recoverable from the insurance company up to the
amount of insurance purchased. The mover's
representative can advise you of the availability of
such liability insurance, and the cost.
If you purchase liability
insurance from or through your mover, the mover is
required to issue a policy or other written record of
the purchase and to provide you with a copy of the
policy or other document at the time of purchase. If the
mover fails to comply with this requirement, the mover
becomes fully liable for any claim for loss or damage
attributed to its negligence.
What actions by me limit or reduce my mover's normal
liability?
Your actions may limit or
reduce your mover's normal liability under the following
three circumstances:
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You include perishable,
dangerous, or hazardous materials in your household
goods without your mover's knowledge.
-
You choose liability option 1
but ship household goods valued at more than 60
cents per pound ($1.32 per kilogram) per article.
-
You fail to notify your mover
in writing of articles valued at more than $100 per
pound ($220 per kilogram). (If you do notify your
mover, you will be entitled to full recovery up to
the declared value of the article or articles, not
to exceed the declared value of the entire
shipment.)
What are dangerous or hazardous materials that may limit
or reduce my mover's normal liability?
Federal law forbids you to ship
hazardous materials in your household goods boxes or
luggage without informing your mover. A violation can
result in five years' imprisonment and penalties of
$250,000 or more (49 U.S.C. 5124). You could also lose
or damage your household goods by fire, explosion, or
contamination.
If you offer hazardous
materials to your mover, you are considered a hazardous
materials shipper and must comply with the hazardous
materials requirements in 49 CFR parts 171, 172, and
173, including but not limited to package labeling and
marking, shipping papers, and emergency response
information. Your mover must comply with 49 CFR parts
171, 172, 173, and 177 as a hazardous materials carrier.
Hazardous materials include
explosives, compressed gases, flammable liquids and
solids, oxidizers, poisons, corrosives, and radioactive
materials. Examples: Nail polish remover, paints, paint
thinners, lighter fluid, gasoline, fireworks, oxygen
bottles, propane cylinders, automotive repair and
maintenance chemicals, and radio-pharmaceuticals.
There are special exceptions
for small quantities (up to 70 ounces total) of
medicinal and toilet articles carried in your household
goods and certain smoking materials carried on your
person. For further information, contact your mover.
May my mover have agents?
Yes, your mover may have
agents. If your mover has agents, your mover must have
written agreements with its prime agents. Your mover and
its retained prime agent must sign their agreements.
Copies of your mover's prime agent agreements must be in
your mover's files for a period of at least 24 months
following the date of termination of each agreement.
What items must be in my mover's advertisements?
Your mover must publish and use
only truthful, straightforward, and honest
advertisements. Your mover must include certain
information in all advertisements for all services
(including any accessorial services incidental to or
part of interstate transportation). Your mover must
require each of its agents to include the same
information in its advertisements. The information must
include the following two pieces of information about
your mover:
-
Name or trade name of the
mover under whose USDOT number the advertised
service will originate.
-
USDOT number, assigned by
FMCSA, authorizing your mover to operate. Your mover
must display the information as: USDOT No. (assigned
number).
You should compare the name or
trade name of the mover and its USDOT number to the name
and USDOT number on the sides of the truck(s) that
arrive at your residence. The names and numbers should
be identical. If the names and numbers are not
identical, you should ask your mover immediately why
they are not. You should not allow the mover to load
your household goods on its truck(s) until you obtain a
satisfactory response from the mover's local agent. The
discrepancies may warn of problems you will have later
in your business dealings with this mover.
How must my mover handle complaints and inquiries?
All movers are expected to
respond promptly to complaints or inquiries from you,
the customer. Should you have a complaint or question
about your move, you should first attempt to obtain a
satisfactory response from the mover's local agent, the
sales representative who handled the arrangements for
your move, or the driver assigned to your shipment.
If for any reason you are
unable to obtain a satisfactory response from one of
these persons, you should then contact the mover's
principal office. When you make such a call, be sure to
have available your copies of all documents relating to
your move. Particularly important is the number assigned
to your shipment by your mover.
Interstate movers are also
required to offer neutral arbitration as a means of
resolving consumer loss or damage disputes involving
loss of or damage to household goods. Your mover is
required to provide you with information regarding its
arbitration program. You have the right to pursue court
action under 49 U.S.C. 14706 to seek judicial redress
directly rather than participate in your mover's
arbitration program.
All interstate moving companies
are required to maintain a complaint and inquiry
procedure to assist their customers. At the time you
make the arrangements for your move, you should ask the
mover's representative for a description of the mover's
procedure, the telephone number to be used to contact
the mover, and whether the mover will pay for such
telephone calls. Your mover's procedure must include the
following four things:
-
A communications system
allowing you to communicate with your mover's
principal place of business by telephone.
-
A telephone number.
-
A clear and concise statement
about who must pay for complaint and inquiry
telephone calls.
-
A written or electronic record
system for recording all inquiries and complaints
received from you by any means of communication.
Your mover must give you a
clear and concise written description of its procedure.
You may want to be certain that the system is in place.
Do I have the right to inspect my mover's tariffs
(schedules of charges) applicable to my move?
Federal law requires your mover
to advise you of your right to inspect your mover's
tariffs (its schedules of rates or charges) governing
your shipment. Movers' tariffs are made a part of the
contract of carriage (bill of lading) between you and
the mover. You may inspect the tariff at the mover's
facility, or, upon request, the mover will furnish you a
free copy of any tariff provision containing the mover's
rates, rules, or charges governing your shipment.
Tariffs may include provisions
limiting the mover's liability. This would generally be
described in a section on declaring value on the bill of
lading. A second tariff provision may set the periods
for filing claims. This would generally be described in
Section 6 on the reverse side of a bill of lading. A
third tariff provision may reserve your mover's right to
assess additional charges for additional services
performed. For non-binding estimates, another tariff
provision may base charges upon the exact weight of the
goods transported. Your mover's tariff may contain other
provisions that apply to your move. Ask your mover what
they might be, and request a copy.
Must my mover have an arbitration program?
Your mover must have an
arbitration program for your use in resolving disputes
concerning loss or damage to your household goods. You
have the right not to participate in the arbitration
program. You may pursue court action under 49 U.S.C.
14706 to seek judicial remedies directly. Your mover
must establish and maintain an arbitration program with
the following 11 minimum elements:
-
The arbitration program
offered to you must prevent your mover from having
any special advantage because you live or work in a
place distant from the mover's principal or other
place of business.
-
Before your household goods
are tendered for transport, your mover must provide
notice to you of the availability of neutral
arbitration, including the following three things:
-
A summary of the
arbitration procedure.
-
Any applicable costs.
-
A disclosure of the legal
effects of electing to use arbitration.
-
Upon your request, your mover
must provide information and forms it considers
necessary for initiating an action to resolve a
dispute under arbitration.
-
Each person authorized to
arbitrate must be independent of the parties to the
dispute and capable of resolving such disputes
fairly and expeditiously. Your mover must ensure the
arbitrator is authorized and able to obtain from you
or your mover any material or relevant information
to carry out a fair and expeditious decision-making
process.
-
You must not be required to
pay more than one-half of the arbitration's cost.
The arbitrator may determine the percentage of
payment of the costs for each party in the
arbitration decision, but must not make you pay more
than half.
-
Your mover must not require
you to agree to use arbitration before a dispute
arises.
-
You will be bound by
arbitration for claims of $5,000 or less if you
request arbitration.
-
You will be bound by
arbitration for claims of more than $5,000 only if
you request arbitration and your mover agrees to it.
-
If you and your mover both
agree, the arbitrator may provide for an oral
presentation of a dispute by a party or
representative of a party.
-
The arbitrator must render a
decision within 60 days of receipt of written
notification of the dispute, and a decision by an
arbitrator may include any remedies appropriate
under the circumstances.
-
The 60-day period may be
extended for a reasonable period if you fail, or
your mover fails, to provide information in a timely
manner.
Your mover must produce and
distribute a concise, easy-to-read, accurate summary of
its arbitration program.
Must my mover inform me about my rights and
responsibilities under Federal law?
Yes, your mover must inform you
about your rights and responsibilities under Federal
law. Your mover must produce and distribute this
document. It should be in the general order and contain
the text of appendix A to 49 CFR Part 375.
What other information must my mover provide me?
Before your mover executes an
order for service for a shipment of household goods,
your mover must furnish you with the following four
documents:
-
The contents of appendix A,
"Your Rights and Responsibilities When You Move" -
this pamphlet.
-
A concise, easy-to-read,
accurate summary of your mover's arbitration
program.
-
A notice of availability of
the applicable sections of your mover's tariff for
the estimate of charges, including an explanation
that you may examine the tariff sections or have
copies sent to you upon request.
-
A concise, easy-to-read,
accurate summary of your mover's customer complaint
and inquiry handling procedures. Included in this
summary must be the following two items:
-
The main telephone number
you may use to communicate with your mover.
-
A clear and concise
statement concerning who must pay for telephone
calls.
Your mover may, at its
discretion, provide additional information to you.
How must my mover collect charges?
Your mover must issue you an
honest, truthful freight or expense bill for each
shipment transported. Your mover's freight or expense
bill must contain the following 19 items:
-
Name of the consignor.
-
Name of the consignees.
-
Date of the shipment.
-
Origin point.
-
Destination points.
-
Number of packages.
-
Description of the freight.
-
Weight of the freight (if
applicable to the rating of the freight).
-
The volume of the freight (if
applicable to the rating of the freight).
-
The measurement of the freight
(if applicable to the rating of the freight).
-
Exact rate(s) assessed.
-
Disclosure of the actual
rates, charges, and allowances for the
transportation service, when your mover
electronically presents or transmits freight or
expense bills to you. These rates must be in
accordance with the mover's applicable tariff.
-
An indication of whether
adjustments may apply to the bill.
-
Total charges due and
acceptable methods of payment.
-
The nature and amount of any
special service charges.
-
The points where special
services were rendered.
-
Route of movement and name of
each mover participating in the transportation.
-
Transfer points where
shipments moved.
-
Address where you must pay or
address of bill issuer's principal place of
business.
Your mover must present its
freight or expense bill to you within 15 days of the
date of delivery of a shipment at its destination. The
computation of time excludes Saturdays, Sundays, and
Federal holidays. (Bills for charges exceeding 110
percent of a non-binding estimate, and for additional
services requested or found necessary after the shipment
is in transit, will be presented no sooner than 30 days
after the date of delivery.)
If your mover lacks sufficient
information to compute its charges, your mover must
present its freight bill for payment within 15 days of
the date when sufficient information does become
available.
May my mover collect charges upon delivery?
Yes. Your mover must specify
the form of payment acceptable at delivery when the
mover prepares an estimate and order for service. The
mover and its agents must honor the form of payment at
delivery, except when you mutually agree to a change in
writing. The mover must also specify the same form of
payment when it prepares your bill of lading, unless you
agree to a change. See also "May my mover accept charge
or credit cards for my payments?"
You must be prepared to pay 10
percent more than the estimated amount, if your goods
are moving under a non-binding estimate. Every
collect-on-delivery shipper must have available 110
percent of the estimate at the time of delivery.
May my mover extend credit to me?
Extending credit to you is not
the same as accepting your charge or credit card(s) as
payment. Your mover may extend credit to you in the
amount of the tariff charges. If your mover extends
credit to you, your mover becomes like a bank offering
you a line of credit, whose size and interest rate are
determined by your ability to pay its tariff charges
within the credit period. Your mover must ensure you
will pay its tariff charges within the credit period.
Your mover may relinquish possession of freight before
you pay its tariff charges, at its discretion.
The credit period must begin on
the day following presentation of your mover's freight
bill to you. Under Federal regulation, the standard
credit period is 7 days, excluding Saturdays, Sundays,
and Federal holidays. Your mover must also extend the
credit period to a total of 30 calendar days if the
freight bill is not paid within the 7-day period. A
service charge equal to one percent of the amount of the
freight bill, subject to a $20 minimum, will be assessed
for this extension and for each additional 30-day period
the charges go unpaid.
Your failure to pay within the
credit period will require your mover to determine
whether you will comply with the Federal household goods
transportation credit regulations in good faith in the
future before extending credit again.
May my mover accept charge or credit cards for my
payments?
Your mover may allow you to use
a charge or credit card for payment of the freight
charges. Your mover may accept charge or credit cards
whenever you ship with it under an agreement and tariff
requiring payment by cash or cash equivalents. Cash
equivalents are a certified check, money order, or
cashier's check (a check that a financial institution -
bank, credit union, savings and loan - draws upon itself
and that is signed by an officer of the financial
institution).
If your mover allows you to pay
for a freight or expense bill by charge or credit card,
your mover deems such a payment to be equivalent to
payment by cash, certified check, or cashier's check. It
must note in writing on the order for service and the
bill of lading whether you may pay for the
transportation and related services using a charge or
credit card. You should ask your mover at the time the
estimate is written whether it will accept charge or
credit cards at delivery.
The mover must specify what
charge or credit cards it will accept, such as American
Express, Discover, MasterCard, or Visa. If your mover
agrees to accept payment by charge or credit card, you
must arrange with your mover for the delivery only at a
time when your mover can obtain authorization for your
credit card transaction.
If you cause a charge or credit
card issuer to reverse a transaction, your mover may
consider your action tantamount to forcing your mover to
provide an involuntary extension of its credit.
SUBPART C - SERVICE OPTIONS PROVIDED
What service options may my mover provide?
Your mover may provide any
service options it chooses. It is customary for movers
to offer several price and service options.
The total cost of your move may
increase if you want additional or special services.
Before you agree to have your shipment moved under a
bill of lading providing special service, you should
have a clear understanding with your mover of what the
additional cost will be. You should always consider
whether other movers may provide the services you
require without requiring you to pay the additional
charges.
One service option is a SPACE
RESERVATION. If you agree to have your shipment
transported under a space reservation agreement, you
will pay for a minimum number of cubic feet of space in
the moving van regardless of how much space in the van
your shipment actually occupies.
A second option is EXPEDITED
SERVICE. This aids you if you must have your shipments
transported on or between specific dates when the mover
could not ordinarily agree to do so in its normal
operations.
A third customary service
option is EXCLUSIVE USE OF A VEHICLE. If for any reason
you desire or require that your shipment be moved by
itself on the mover's truck or trailer, most movers will
provide such service.
Another service option is
GUARANTEED SERVICE ON OR BETWEEN AGREED DATES. You enter
into an agreement with the mover where the mover
provides for your shipment to be picked up, transported
to destination, and delivered on specific guaranteed
dates. If the mover fails to provide the service as
agreed, you are entitled to be compensated at a
predetermined amount or a daily rate (per diem)
regardless of the expense you might actually have
incurred as a result of the mover's failure to perform.
Before requesting or agreeing
to any of these price and service options, be sure to
ask the mover's representatives about the final costs
you will pay.
TRANSPORT OF SHIPMENTS ON TWO OR MORE VEHICLES
Although all movers try to move
each shipment on one truck, it becomes necessary, at
times, to divide a shipment among two or more trucks.
This may occur if your mover has underestimated the
cubic feet (meters) of space required for your shipment
and it will not all fit on the first truck. Your mover
will pick up the remainder, or "leave behind," on a
second truck at a later time, and this part of your
shipment may arrive at the destination later than the
first truck. When this occurs, your transportation
charges will be determined as if the entire shipment had
moved on one truck.
If it is important for you to
avoid this inconvenience of a "leave behind," be sure
your estimate includes an accurate calculation of the
cubic feet (meters) required for your shipment. Ask your
estimator to use a "Table of Measurements" form in
making this calculation. Consider asking for a binding
estimate. A binding estimate is more likely to be
conservative with regard to cubic feet (meters) than a
non-binding estimate. If the mover offers space
reservation service, consider purchasing this service
for the necessary amount of space plus some margin for
error. In any case, you would be prudent to "prioritize"
your goods in advance of the move so the driver will
load the more essential items on the first truck if some
are left behind.
If my mover sells liability insurance coverage, what
must my mover do?
If your mover provides the
service of selling additional liability insurance, your
mover must follow certain regulations.
Your mover, its employees, or
its agents, may sell, offer to sell, or procure
additional liability insurance coverage for you for loss
or damage to your shipment if you release the shipment
for transportation at a value not exceeding 60 cents per
pound ($1.32 per kilogram) per article.
Your mover may offer, sell, or
procure any type of insurance policy covering loss or
damage in excess of its specified liability.
Your mover must issue you a
policy or other appropriate evidence of the insurance
you purchased. Your mover must provide a copy of the
policy or other appropriate evidence to you at the time
your mover sells or procures the insurance. Your mover
must issue policies written in plain English.
Your mover must clearly specify
the nature and extent of coverage under the policy. Your
mover's failure to issue you a policy, or other
appropriate evidence of insurance you purchased, will
subject your mover to full liability for any claims to
recover loss or damage attributed to it.
Your mover's tariff must
provide for liability insurance coverage. The tariff
must also provide for the base transportation charge,
including its assumption of full liability for the value
of the shipment. This would offer you a degree of
protection in the event your mover fails to issue you a
policy or other appropriate evidence of insurance at the
time of purchase.
SUBPART D - ESTIMATING CHARGES
Must my mover estimate the transportation and
accessorial charges for my move?
We require your mover to
prepare a written estimate on every shipment transported
for you. You are entitled to a copy of the written
estimate when your mover prepares it. Your mover must
provide you a written estimate of all charges, including
transportation, accessorial, and advance charges. Your
mover's "rate quote" is not an estimate. You and your
mover must sign the estimate of charges. Your mover must
provide you with a dated copy of the estimate of charges
at the time you sign the estimate.
You should be aware that if you
receive an estimate from a household goods broker, the
mover is not required to accept the estimate. Be sure to
obtain a written estimate from the mover if a mover
tells you orally that it will accept the broker's
estimate.
Your mover must specify the
form of payment the mover and its delivering agent will
honor at delivery. Payment forms may include but are not
limited to cash, certified check, money order, cashier's
check, a specific charge card such as American Express,
a specific credit card such as Visa, and your mover's
own credit.
If your mover provides you with
an estimate based on volume that will later be converted
to a weight-based rate, the mover must provide you an
explanation in writing of the formula used to calculate
the conversion to weight. Your mover must specify that
the final charges will be based on actual weight and
services. Before loading your household goods, and upon
mutual agreement between you and your mover, your mover
may amend an estimate of charges. Your mover may not
amend the estimate after loading the shipment.
A binding estimate is an
agreement made in advance with your mover. It guarantees
the total cost of the move based upon the quantities and
services shown on your mover's estimate.
A non-binding estimate is what
your mover believes the total cost will be for the move,
based upon the estimated weight of the shipment and the
accessorial services requested. A non-binding estimate
is not binding on your mover. Your mover will base the
final charges upon the actual weight of your shipment,
the services provided, and its tariff provisions in
effect. You must be prepared to pay 10 percent more than
the estimated amount at delivery.
How must my mover estimate charges under the
regulations?
BINDING ESTIMATES Your mover may charge you for
providing a binding estimate. The binding estimate must
clearly describe the shipment and all services provided.
When you receive a binding
estimate, you cannot be required to pay any more than
the estimated amount at delivery. If you have requested
the mover provide more services than those included in
the estimate, the mover must not demand full payment for
those added services at time of delivery. Instead, the
mover must bill for those services later, as explained
below. Such services might include destination charges
that often are not known at origin (such as long carry
charges, shuttle charges, or extra stair carry charges).
A binding estimate must be in
writing, and a copy must be made available to you before
you move.
If you agree to a binding
estimate, you are responsible for paying the charges due
by cash, certified check, money order, or cashier's
check. The charges are due your mover at the time of
delivery unless your mover agrees, before you move, to
extend credit or to accept payment by a specific charge
card such as American Express or a specific credit card
such as Visa. If you are unable to pay at the time the
shipment is delivered, the mover may place your shipment
in storage at your expense until you pay the charges.
Other requirements of binding
estimates include the following eight elements:
-
Your mover must retain a copy
of each binding estimate as an attachment to the
bill of lading.
-
Your mover must clearly
indicate upon each binding estimate's face that the
estimate is binding upon you and your mover. Each
binding estimate must also clearly indicate on its
face that the charges shown are the charges to be
assessed for only those services specifically
identified in the estimate.
-
Your mover must clearly
describe binding estimate shipments and all services
to be provided.
-
If, before loading your
shipment, your mover believes you are tendering
additional household goods or are requiring
additional services not identified in the binding
estimate, and you and your mover cannot reach an
agreement, your mover may refuse to service the
shipment. If your mover agrees to service the
shipment, your mover must do one of the following
three things:
-
Reaffirm the binding
estimate.
-
Negotiate a revised
written binding estimate listing the additional
household goods or services.
-
Add an attachment to the
contract, in writing, stating you both will
consider the original binding estimate as a
non-binding estimate. You should read more
below. This may seriously affect how much you
may pay for the entire move.
-
Once your mover loads your
shipment, your mover's failure to execute a new
binding estimate or to agree with you to treat the
original estimate as a non-binding estimate
signifies it has reaffirmed the original binding
estimate. Your mover may not collect more than the
amount of the original binding estimate, except as
provided in the next two paragraphs.
-
Your mover may believe
additional services are necessary to properly
service your shipment after your household goods are
in transit. Your mover must inform you what the
additional services are before performing them. Your
mover must allow you at least one hour to determine
whether you want the additional services performed.
Such additional services include carrying your
furniture up additional stairs or using an elevator.
If these services do not appear on your mover's
estimate, your mover must deliver your shipment and
bill you later for the additional services.
If you agree to pay for the additional services,
your mover must execute a written attachment to be
made an integral part of the bill of lading and have
you sign the written attachment. This may be done
through fax transmissions. You will be billed for
the additional services 30 days following the date
of delivery.
-
If you add additional services
after your household goods are in transit, you will
be billed for the additional services but only be
expected to pay the full amount of the binding
estimate to receive delivery. Your mover must bill
you for the balance of any remaining charges for
these additional services no sooner than 30 days
after delivery. For example, if your binding
estimate shows total charges at delivery should be
$1,000 but your actual charges at destination are
$1,500, your mover must deliver the shipment upon
payment of $1,000. The mover must bill you for the
remaining $500 no sooner than 30 days after the date
of delivery.
-
Failure of your mover to
relinquish possession of a shipment upon your offer
to pay the binding estimate amount constitutes your
mover's failure to transport a shipment with
"reasonable dispatch" and subjects your mover to
cargo delay claims pursuant to 49 CFR Part 370.
NON-BINDING ESTIMATES
Your mover is not permitted to
charge you for giving a non-binding estimate.
A non-binding estimate is not a
bid or contract. Your mover provides it to you to give
you a general idea of the cost of the move, but it does
not bind your mover to the estimated cost. You should
expect the final cost to be more than the estimate. The
actual cost will be in accordance with your mover's
tariffs. Federal law requires your mover to collect the
charges shown in its tariffs, regardless of what your
mover writes in its non-binding estimates. That is why
it is important to ask for copies of the applicable
portions of the mover's tariffs before deciding on a
mover. The charges contained in movers' tariffs are
essentially the same for the same weight shipment moving
the same distance. If you obtain different non-binding
estimates from different movers, you must pay only the
amount specified in your mover's tariff. Therefore, a
non-binding estimate may have no effect on the amount
that you will ultimately have to pay.
You must be prepared to pay 10
percent more than the estimated amount at the time of
delivery. Every collect-on-delivery shipper must have
available 110 percent of the estimate at the time of
delivery. If you order additional services from your
mover after your goods are in transit, the mover will
then bill you 30 days after delivery for any remaining
charges.
Non-binding estimates must be
in writing and clearly describe the shipment and all
services provided. Any time a mover provides such an
estimate, the amount of the charges estimated must be on
the order for service and bill of lading related to your
shipment. When you are given a non-binding estimate, do
not sign or accept the order for service or bill of
lading unless the mover enters the amount estimated on
each form it prepares.
Other requirements of
non-binding estimates include the following ten
elements:
-
Your mover must provide
reasonably accurate non binding estimates based upon
the estimated weight of the shipment and services
required.
-
Your mover must explain to you
that all charges on shipments moved under non
binding estimates will be those appearing in your
mover's tariffs applicable to the transportation. If
your mover provides a non-binding estimate of
approximate costs, your mover is not bound by such
an estimate.
-
Your mover must furnish non
binding estimates without charge and in writing to
you.
-
Your mover must retain a copy
of each non-binding estimate as an attachment to the
bill of lading.
-
Your mover must clearly
indicate on the face of a non-binding estimate that
the estimate is not binding upon your mover and the
charges shown are the approximate charges to be
assessed for the services identified in the
estimate.
-
Your mover must clearly
describe on the face of a non binding estimate the
entire shipment and all services to be provided.
-
If, before loading your
shipment, your mover believes you are tendering
additional household goods or requiring additional
services not identified in the non-binding estimate,
and you and your mover cannot reach an agreement,
your mover may refuse to service the shipment. If
your mover agrees to service the shipment, your
mover must do one of the following two things:
-
Reaffirm the non-binding
estimate.
-
Negotiate a revised
written non-binding estimate listing the
additional household goods or services.
-
Once your mover loads your
shipment, your mover's failure to execute a new
estimate signifies it has reaffirmed the original
non-binding estimate. Your mover may not collect
more than 110 percent of the amount of this estimate
at destination.
-
Your mover may believe
additional services are necessary to properly
service your shipment after your household goods are
in transit. Your mover must inform you what the
additional services are before performing them. Your
mover must allow you at least one hour to determine
whether you want the additional services performed.
Such additional services include carrying your
furniture up additional stairs or using an elevator.
If these services do not appear on your mover's
estimate, your mover must deliver your shipment and
bill you later for the additional services.
If you agree to pay for the additional services,
your mover must execute a written attachment to be
made an integral part of the bill of lading and have
you sign the written attachment. This may be done
through fax transmissions. You will be billed for
the additional services after 30 days from delivery.
-
If you add additional services
after your household goods are in transit, you will
be billed for the additional services. To receive
delivery, however, you are required to pay no more
than 110 percent of the non-binding estimate. At
least 30 days after delivery, your mover must bill
you for any remaining balance, including the
additional services you requested. For example, if
your non-binding estimate shows total charges at
delivery should be $1,000 but your actual charges at
destination are $1,500, your mover must deliver the
shipment upon payment of $1,100. The mover must bill
you for the remaining $400 no sooner than 30 days
after the date of delivery.
If your mover furnishes a non
binding estimate, your mover must enter the estimated
charges upon the order for service and upon the bill of
lading.
Your mover must retain a record
of all estimates of charges for each move performed for
at least one year from the date your mover made the
estimate.
What payment arrangements must my mover have in place to
secure delivery of my household goods shipment?
If your total bill is 110
percent or less of the non-binding estimate, the mover
can require payment in full upon delivery. If the bill
exceeds 110 percent of the non-binding estimate, your
mover must relinquish possession of the shipment at the
time of delivery upon payment of 110 percent of the
estimated amount. Your mover should have specified its
acceptable form of payment on the estimate, order for
service, and bill of lading. Your mover's failure to
relinquish possession of a shipment after you offer to
pay 110 percent of the estimated charges constitutes its
failure to transport the shipment with "reasonable
dispatch" and subjects your mover to your cargo delay
claims under 49 CFR Part 370.
Your mover must bill for the
payment of the balance of any remaining charges after 30
days from delivery.
SUBPART E - PICKUP OF MY SHIPMENT OF HOUSEHOLD GOODS
Must my mover write up an order for service?
We require your mover to
prepare an order for service on every shipment
transported for you. You are entitled to a copy of the
order for service when your mover prepares it.
The order for service is not a
contract. Should you cancel or delay your move or if you
decide not to use the mover, you should promptly cancel
the order.
If you or your mover change any
agreed-upon dates for pickup or delivery of your
shipment, or agree to any change in the non-binding
estimate, your mover may prepare a written change to the
order for service. The written change must be attached
to the order for service.
The order for service must
contain the following 15 elements:
-
Your mover's name and address
and the USDOT number assigned to your mover.
-
Your name, address and, if
available, telephone number(s).
-
The name, address, and
telephone number of the delivering mover's office or
agent at or nearest to the destination of your
shipment.
-
A telephone number where you
may contact your mover or its designated agent.
-
One of the following three
dates and times:
-
The agreed-upon pickup
date and agreed delivery date of your move.
-
The agreed-upon period(s)
of the entire move.
-
If your mover is
transporting the shipment on a guaranteed
service basis, the guaranteed dates or periods
of time for pickup, transportation, and
delivery. Your mover must enter any penalty or
per diem requirements upon the agreement under
this item.
-
The names and addresses of any
other motor carriers, when known, that will
participate in interline transportation of the
shipment.
-
The form of payment your mover
will honor at delivery. The payment information must
be the same as was entered on the estimate.
-
The terms and conditions for
payment of the total charges, including notice of
any minimum charges.
-
The maximum amount your mover
will demand at the time of delivery to obtain
possession of the shipment, when transported on a
collect-on-delivery basis.
-
If not provided in the bill of
lading, the Surface Transportation Board's required
released rates valuation statement, and the charges,
if any, for optional valuation coverage. The STB's
required released rates may be increased annually by
your mover based on the U.S. Department of
Commerce's Cost of Living Adjustment.
-
A complete description of any
special or accessorial services ordered and minimum
weight or volume charges applicable to the shipment.
-
Any identification or
registration number your mover assigns to the
shipment.
-
For non binding estimated
charges, your mover's reasonably accurate estimate
of the amount of the charges, the method of payment
of total charges, and the maximum amount (110
percent of the non-binding estimate) your mover will
demand at the time of delivery for you to obtain
possession of the shipment.
-
For binding estimated charges,
the amount of charges your mover will demand based
upon the binding estimate and the terms of payment
under the estimate.
-
An indication of whether you
request notification of the charges before delivery.
You must provide your mover with the telephone
number(s) or address(es) where your mover will
transmit such communications.
You and your mover must sign
the order for service. Your mover must provide a dated
copy of the order for service to you at the time your
mover signs the order. Your mover must provide you the
opportunity to rescind the order for service without any
penalty for a three-day period after you sign the order
for service, if you scheduled the shipment to be loaded
more than three days after you sign the order.
Your mover should provide you
with documents that are as complete as possible, and
with all charges clearly identified. However, as a
practical matter, your mover usually cannot give you a
complete bill of lading before transporting your goods.
This is both because the shipment cannot be weighed
until it is in transit and because other charges for
service, such as unpacking, storage-in-transit, and
various destination charges, cannot be determined until
the shipment reaches its destination.
Therefore, your mover can
require you to sign a partially complete bill of lading
if it contains all relevant information except the
actual shipment weight and any other information
necessary to determine the final charges for all
services provided. Signing the bill of lading allows you
to choose the valuation option, request special
services, and/or acknowledge the terms and conditions of
released valuation.
Your mover also may provide
you, strictly for informational purposes, with blank or
incomplete documents pertaining to the move.
Before loading your shipment,
and upon mutual agreement of both you and your mover,
your mover may amend an order for service. Your mover
must retain records of an order for service it
transported for at least one year from the date your
mover wrote the order.
Your mover must inform you,
before or at the time of loading, if the mover
reasonably expects a special or accessorial service is
necessary to transport a shipment safely. Your mover
must refuse to accept the shipment when your mover
reasonably expects a special or accessorial service is
necessary to transport a shipment safely, but you refuse
to purchase the special or accessorial service. Your
mover must make a written note if you refuse any special
or accessorial services that your mover reasonably
expects to be necessary.
Must my mover write up an inventory of the shipment?
Yes. Your mover must prepare an
inventory of your shipment before or at the time of
loading. If your mover's driver fails to prepare an
inventory, you should write a detailed inventory of your
shipment listing any damage or unusual wear to any
items. The purpose is to make a record of the existence
and condition of each item.
After completing the inventory,
you should sign each page and ask the mover's driver to
sign each page. Before you sign it, it is important you
make sure that the inventory lists every item in the
shipment and that the entries regarding the condition of
each item are correct. You have the right to note any
disagreement. If an item is missing or damaged when your
mover delivers the shipment, your subsequent ability to
dispute the items lost or damaged may depend upon your
notations.
You should retain a copy of the
inventory. Your mover may keep the original if the
driver prepared it. If your mover's driver completed an
inventory, the mover must attach the complete inventory
to the bill of lading as an integral part of the bill of
lading.
Must my mover write up a bill of lading?
The bill of lading is the
contract between you and the mover. The mover is
required by law to prepare a bill of lading for every
shipment it transports. The information on a bill of
lading is required to be the same information shown on
the order for service. The driver who loads your
shipment must give you a copy of the bill of lading
before or at the time of loading your furniture and
other household goods.
IT IS YOUR RESPONSIBILITY TO
READ THE BILL OF LADING BEFORE YOU ACCEPT IT. It is your
responsibility to understand the bill of lading before
you sign it. If you do not agree with something on the
bill of lading, do not sign it until you are satisfied
it is correct.
The bill of lading requires the
mover to provide the service you have requested. You
must pay the charges set forth in the bill of lading.
THE BILL OF LADING IS AN
IMPORTANT DOCUMENT. DO NOT LOSE OR MISPLACE YOUR COPY.
Have it available until your shipment is delivered, all
chargves are paid, and all claims, if any, are settled.
A bill of lading must include
the following 14 elements:
-
Your mover's name and address,
or the name and address of the motor carrier issuing
the bill of lading.
-
The names and addresses of any
other motor carriers, when known, who will
participate in the transportation of the shipment.
-
The name, address, and
telephone number of the office of the motor carrier
you must contact in relation to the transportation
of the shipment.
-
The form of payment your mover
will honor at delivery. The payment information must
be the same that was entered on the estimate and
order for service.
-
When your mover transports
your shipment under a collect-on-delivery basis,
your name, address, and telephone number where the
mover will notify you about the charges.
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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.
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For guaranteed service, the
dates for pickup and delivery and any penalty or per
diem entitlements due you under the agreement.
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The actual date of pickup.
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The identification number(s)
of the vehicle(s) in which your mover loads your
shipment.
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The terms and conditions for
payment of the total charges including notice of any
minimum charges.
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The maximum amount your mover
will demand from you at the time of delivery for you
to obtain possession of your shipment, when your
mover transports under a collect-on-delivery basis.
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If not provided in the order
for service, the Surface Transportation Board's
required released rates valuation statement, and the
charges, if any, for optional valuation coverage.
The Board's required released rates may be increased
annually by your mover based on the U.S. Department
of Commerce's Cost of Living Adjustment.
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Evidence of any insurance
coverage sold to or procured for you from an
independent insurer, including the amount of the
premium for such insurance.
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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:
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The binding or non-binding
estimate.
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The order for service.
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The inventory.
A copy of the bill of lading
must accompany your shipment at all times while in the
possession of your mover or its agent(s). When your
mover loads the shipment on a vehicle for
transportation, the bill of lading must be in the
possession of the driver responsible for the shipment.
Your mover must retain bills of lading for shipments it
transported for at least one year from the date your
mover created the bill of lading.
Should I reach an agreement with my mover about pickup
and delivery times?
You and your mover should reach
an agreement for pickup and delivery times. It is your
responsibility to determine on what date, or between
what dates, you need to have the shipment picked up and
on what date, or between what dates, you require
delivery. It is your mover's responsibility to tell you
if it can provide service on or between those dates, or,
if not, on what other dates it can provide the service.
In the process of reaching an
agreement with your mover, you may find it necessary to
alter your moving and travel plans if no mover can
provide service on the specific dates you desire.
Do not agree to have your
shipment picked up or delivered "as soon as possible."
The dates or periods you and your mover agree upon
should be definite.
Once an agreement is reached,
your mover must enter those dates upon the order for
service and the bill of lading.
Once your goods are loaded,
your mover is contractually bound to provide the service
described in the bill of lading. Your mover's only
defense for not providing the service on the dates
called for is the defense of force majeure. This is a
legal term. It means that when circumstances change,
were not foreseen, and are beyond the control of your
mover, preventing your mover from performing the service
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