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The following questions and answers are adapted from
the FMCSA's Household Goods Guide.
- Are movers obligated to move my goods
for the estimate they quote?
- What do the following estimate terms
mean: non-binding estimate, 110% provision/rule, binding
estimate?
- What information and paperwork is
the mover required to provide?
- What is an Order for Service?
- What is a Bill of Lading?
- What happens if the mover does not
pick-up or deliver my goods according to the spread
dates provided?
- What types of insurance will I be
offered?
- If there is loss or damage to my goods,
how much time do I have to file a claim?
- If I do my own packing, is the mover
still responsible if something is lost or broken?
- What should I know about the pick-up
and delivery dates?
- What should I know about the pick-up
of my furniture?
- What should I know about the delivery
of my furniture?
Are movers obligated to move my
goods for the estimate they quote?
It depends on whether the estimate provided is a non-binding
or a binding estimate. A mover is not required to provide
an estimate to a shipper. However, if a shipper requests
an estimate over the telephone or Internet, and the
mover calls it an "estimate", it must be in
writing. The mover may provide a non-binding or binding
estimate and the estimate itself must clearly state
whether it is non-binding or binding.
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What do the following estimate terms
mean: non-binding estimate, 110% provision/rule, binding
estimate?
Non-binding Estimate:
A non-binding estimate is only an approximate cost,
it is NOT binding. It is based on the weight of the
goods to be transported and the distance they will be
moved. Since a non-binding estimate should be reasonably
accurate and provide the shipper with a general idea
of the cost of packing and moving the goods, a mover
should physically review the household goods (by scheduling
an onsite estimate) to be transported. Non-binding estimates
should cover the goods and services listed on the estimate.
If you add items or request additional services, the
mover may void the estimate or revise it. The non-binding
estimate must be in writing and state that it is non-binding.
110% Provision/Rule:
If the final charges exceed the non-binding estimated
amount, the mover must deliver the household goods upon
payment of the estimated amount plus 10% of that amount.
The mover must then defer the balance due on the charges
for 30 days. However, the mover may collect payment
for unexpected charges or services upon delivery.
Binding Estimate:
Binding estimates must be in writing and are usually
based on constructive weight. Movers may use other terms
to designate a binding estimate or set price, but all
such estimates shall have clearly indicated on their
faces that the estimate is binding on the mover.
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What information and paperwork is
the mover required to provide?
At the time of the Estimate and/or prior to the
execution of the Order for Service:
- A copy of its written non-binding
or binding estimate.
- A copy of the U.S. DOT publication,
"Your Rights and Responsibilities When You Move".
- Neutral dispute settlement/arbitration
program information.
- Telephone number for the mover
for inquires and complaints.
At the time when the Order for Service has been
executed:
- A copy of the order for service
after it has been signed and dated by you and the
mover.
At loading time at the time of pick-up:
- A copy of the Bill of Lading/Freight
Bill (and scale weight tickets when freight bill has
been paid).
At unloading time at the time of delivery:
- A copy of the completed Bill
of Lading/Freight Bill (and scale weight tickets when
freight bill has been paid).
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What is an Order for Service?
Moving companies are required to prepare an order for
service on every shipment transported for an individual
shipper. You are entitled to a copy of the order for
service when it is prepared. The order for service is
NOT a contract. It will note the estimated charge of
the move and any special services you require such as
packing and storage as well as pick-up and delivery
dates or spread dates.
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What is 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 the bill of lading is required to be
the same information shown on the order for service.
The driver who loads your shipment must give you a copy
of the bill of lading BEFORE loading your household
goods. You must also sign the bill of lading. It is
your responsibility to read the bill of lading BEFORE
you sign it. If you do not agree with something, do
not sign it until you are satisfied that it shows the
service you want. The bill of lading requires the mover
to provide the service you have requested, and you must
pay the mover the charges for the service. The bill
of lading is an important document so be careful not
to lose or misplace your copy. Have it available until
your shipment is delivered, all charges are paid and
all claims, if any, are settled.
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What happens if the mover does not
pick-up or deliver my goods according to the spread
dates provided?
Movers are required to meet "reasonable dispatch"
requirements. Reasonable dispatch means the performance
of transportation on the dates or during the period
of time agreed upon by the mover and the shipper and
shown on the order for service/bill of lading.
If the dates are not met, a shipper may file an inconvenience
or delay claim with the mover along with receipts, listing
lodging and food expenses for all the days past the
last day of the pick-up and/or delivery spread dates.
This claim must be filed within nine months of the date
of delivery. If the mover disallows any part of the
claim, the shipper must pursue a civil action within
two years from the date the disallowance of the claim
was made.
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What types of insurance will I be
offered?
Movers generally provide three types of protection
for your goods in case they are lost or damaged: limited
liability, added valuation and full value.
Limited Liability
This is the basic coverage required by law, and it does
not cost the consumer anything. Under limited liability,
the mover is responsible for sixty cents ($.60) per
pound per item for an interstate move.
Added Valuation
This type allows you to collect the amount based on
the current replacement value of the item, minus depreciation.
The amount you pay for this coverage depends on how
much you declare your goods are worth.
Full Value
This insurance costs the most and covers the actual
cost of an item's replacement or repair, without any
deduction for depreciation. Before purchasing coverage
from the moving company, you may want to check your
homeowner's insurance policy to see if it will cover
your goods during a move. Call your insurance company
to find out how much they would charge to insure your
goods during a move, and compare the options and prices
they offer to the moving company's.
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If there is loss or damage to my
goods, how much time do I have to file a claim?
Although a claim should be filed as soon as possible,
you have nine months from the date of delivery to file
a claim. This means the claim should be in the mover's
possession by nine months from the date of delivery,
not postmarked by midnight on the last day of the nine
months' deadline. You do not have to wait for a claim
form if the mover has not sent one to you. If you wait
to file beyond the nine months' time period, the claim
is considered untimely by the courts.
Disposition of Settlement
U.S. DOT has no authority to adjudicate claims. If a
claimant is not satisfied with the settlement offered
by a mover, the claimant must seek recourse through
the courts or through arbitration. A household goods
mover must offer arbitration as a means of settling
disputes on loss and damage claims. If a claimant
chooses instead to bring a lawsuit against the mover,
the suit must be brought within two years of the date
the mover gave first written notice of the disallowance
of any part of the claim.
Arbitration Information
Since January 1, 1996, all common carrier household
goods movers have been required to belong to a neutral
dispute settlement program that arbitrates loss and
damage claim matters on shipments transported after
December 31, 1995. If the dispute involved a claim for
$1,000 or less and the shipper requested arbitration,
such arbitration shall be binding on the parties only
if the carrier agreed to arbitration (Section 14708,
(b)(6) Title 49, U.S. Code). The limit for mandatory
arbitration was recently increased from $1,000 to $5,000
for shipment transported after January 1, 2000 (Section
209 (b) Motor Carrier Safety Improvement Act of 1999).
Ask the mover which independent arbitration program
they belong to. Remember that depending on the arbitration
program, you should file your loss and damage claim
quickly, anywhere from 60 to 120 days from time of delivery.
The following organizations handle household goods loss
and damage arbitration programs:
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If I do my own packing, is the mover
still responsible if something is lost or broken?
Yes. The mover usually has a tariff provision that
allows allows them to repack carton(s) if they feel
they have been improperly packed, or if the carton(s)
will cause harm to the rest of the shipment(s). The
mover is also liable for any loss or damage caused during
transit unless the sole cause for the loss or
damage was due to any of these common law defenses:
- An act of God.
- An act or omission of the
shipper
- An act of the public enemy
- An act of the public authority
- Inherent vice
Improper packing falls under "an act or omission
of the shipper". Since the sole cause for the damage
must be the act of the shipper, any contributory damage
by the mover would void the common law defense, and
the mover would be responsible.
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What should I know about the pick-up
and delivery dates?
Make sure the mover gives you a date or spread of dates
on your order for service and bill of lading. Do NOT
allow the information regarding these dates or spread
dates to remain blank as this may delay your shipment.
Make sure your order for service dates are transferred
to your bill of lading unless you have made arrangements
for another date or spread of days. If you see language
showing a period of time, such as "in a few weeks
after pick-up", or "as soon as possible",
have it translated into specific calendar dates. Make
sure these dates are on your bill of lading.
- At Pick-Up
- BE SURE YOU RECEIVE A BILL
OF LADING (Not just the inventory sheet) showing the
name of the mover responsible for transporting your
goods, along with the mover's address, telephone number
and "MC" number.
- YOU ARE RESPONSIBLE to accept
pick-up from the FIRST date to the LAST date on your
pick-up spread of dates.
At Delivery
- YOU ARE RESPONSIBLE to accept
delivery of your goods from the FIRST date to the
LAST date of the delivery spread dates.
- Do NOT hold to any specific
date the driver says. Do not depend on any specific
date the driver gives you for delivery, as it is not
binding. Only the date or spread of dates on the order
for service and bill of lading are binding.
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What should I know about the pick-up
of my furniture?
Make certain that you are present to oversee the loading
of your furniture. DO NOT LEAVE!
- Look at the mover's description
of your furniture on the inventory (initial items
that are chipped, marred, dented, scratched, etc.).
If you do not agree with the mover's description,
you should make certain the items' conditions are
listed on BOTH the driver's copy and your copy of
the inventory sheet - more importantly on the driver's
copy.
- Make certain that ALL of your
furniture, cartons/boxes that are to be moved are
listed on the inventory sheet.
- Make certain that you have
a copy of the bill of lading, inventory sheet, order
for service/estimate, household goods booklet, numbers
to call, etc. Do not have these documents packed with
your shipment.
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What should I know about the delivery
of my furniture?
Payment of Charges
Transportation charges are payable at destination prior
to unloading the truck. Payment is required to be made
by certified check, cash or money order unless prior
credit card arrangements were made and approved by the
mover. Whenever a shipment is delivered on more than
one truck, it is the mover's option as to collect charges
for each portion of the shipment delivered, or wait
until all portions have been delivered.
At origin, it is the DRIVER'S responsibility
to list the condition of your shipment on the inventory
sheet. This is the time to agree or disagree with the
mover's description of the condition of your items.
At destination, it is YOUR responsibility to
check the condition of your shipment. If there
are items missing or damaged, you must try to make an
indication on the driver's copy and your copy of the
inventory sheet. Just put an "X" on the boxes
(at origin) that contain breakables so that at destination
you can note the condition of the boxes.
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