Non-Binding Estimates of Approximate Cost
The mover is not permitted to charge for
giving a non binding estimate. A non binding estimate does
not bind the mover. When you receive a nonbinding estimate there
is no guarantee that the final cost will not be more than the
estimate. |
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Non binding estimates must be in writing
and clearly describe the shipment and all services provided. Any
time a mover provides such an estimate it is required that the
amount of the charges estimated must be entered on the order for
service and bill of lading relating to your shipment. If you are
given a non binding estimate, do not sign or accept the order
for service or bill of lading unless the amount estimated is
entered on each form when prepared by the mover. |
If you are given a non binding estimate,
the mover cannot require you to pay more than the amount of the
original estimate plus 10 percent, at time of delivery. You will
then have at least 30 days after the date of delivery to pay any
remaining charges.
If you request the mover to provide more services than those
included in the estimate, the mover may demand full payment for
those added services at time of delivery. |
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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. |
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The order for service is not a contract.
Should your move be cancelled or delayed or if you decide not
use the services of the mover, you should promptly cancel the
move. |
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Should there be any change in the dates
on which you and the mover agreed that your shipment will be
picked up and delivered, or any change in the nonbinding
estimate, the mover may prepare a written change to the order
for service. The written change should be attached to the order
for service. |
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Bill of Lading Contract
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
loading your furniture. You must also sign the bill of lading. |
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It is your responsibility to read 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 that the bill of lading shows what 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.
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. |
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Inventory
At the time the mover's driver loads your
shipment he or she, although not required to do so, usually
inventories your shipment listing any damage or unusual
wear. The purpose of this is to make a record of the
condition of each item. If the driver does not make an
inventory you should make one yourself. |
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After completing the inventory, the
driver will usually sign each page and ask you to sign each
page. It is important before signing that you make sure that
the inventory lists every item in your shipment and that the
entries regarding the condition of each item are correct.
You have the right to note any disagreement. When your
shipment is delivered if an item is missing or damaged, your
ability to recover from the mover for any loss or damage may
depend on the notations made. |
The driver will give you a copy of each
page of the inventory. Attach the complete inventory to your
copy of the bill of lading. It is your receipt for the
goods.
At the time your shipment is delivered, it is your
responsibility to check the items delivered against the
items listed on your inventory. The driver usually places a
small numbered tag on each item as the inventory is
prepared. The number should correspond to the numbered items
on the inventory form and facilitate checking off the items
as they are brought into your new residence. Check each item
for damage that did not exist when the shipment was loaded.
If new damage is discovered, make a record of it in the
space provided on the inventory form. Be sure to call the
damage to the attention of the driver and request that a
record of the damage be made on the driver's copy of the
inventory. |
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After the complete shipment is unloaded,
the driver will request that you sign the driver's copy of
the inventory to show that you received the items listed. Do
not sign the inventory until you have assured yourself that
it is accurate and that proper notations have been entered
on the form regarding any missing or damaged items. When you
sign the inventory at. the time of unloading, you are giving
the driver a receipt for your goods. |
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Weight-Shipment Subject to Minimum Weight
or Volume Charges
Movers usually have a minimum weight or
volume charge for transporting a shipment. Usually the
minimum is the charge for transporting a shipment of at
least 1000 pounds. |
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If your shipment appears to weigh less
than the mover's minimum weight, the mover is required to
advise you on the order for service of the minimum cost
before agreeing to transport the shipment. Should the mover
fail to advise you of the minimum charges and your shipment
is less than the minimum weight, the final charges must be
based on the actual weight instead of the minimum weight. |
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Determining the Weight of Your Shipment
If charges are to be based upon weight of
the shipment, the mover is required to weigh the shipment.
Unless your shipment weighs less than 1,000 pounds and can
be weighed on a warehouse platform scale, the mover is
required to determine the weight of your shipment by one of
the following processes. |
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Origin Weighing If your shipment is
weighed in the city or area from which you are moving, the
driver is required to weigh the truck on which the shipment
is to be transported 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 one
or more other shipments. This will not affect the weight of
your shipment. The truck should also contain pads, dollies,
hand-trucks, ramps, and other equipment normally used in the
transportation of household goods shipments. |
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After loading, the truck will be weighed
again to obtain the loaded weight, called the gross weight.
The net weight of your shipment is then obtained by
subtracting the tare weight from the gross weight. |
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Destination Weighing The mover is also
permitted to determine the weight of your shipment at the
destination at the time of unloading. The fact that a
shipment is weighed at the destination instead of at the
origin will not affect the accuracy of the weight of your
shipment. The most important difference is that the mover
will not be able to determine the exact charges on your
shipment before it is unloaded. |
Destination weighing is done in reverse
to origin weighing. After arriving in the city or area to
which you are moving, the driver will weigh the truck, with
your shipment loaded on it, to obtain 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 from the gross weight.
Each time a weighing is performed the driver is required to
obtain a weight ticket showing the date and place of
weighing and the weight obtained. The ticket must also have
your name and shipment number entered on it along with the
I.D. numbers of the truck. The ticket must be signed by the
person who performed the weighing. If both the empty (tare)
and loaded (gross) weighings are performed on the same
scale, the record of both weighings may be entered on one
weight ticket. |
At the time the mover gives you the
freight bill to collect the charges, a copy of every weight
ticket relating to your shipment must accompany your copy of
the freight bill.
You have the right to observe every weighing. The mover is
required to inform you of the specific location of each
scale that will be used and to allow you a reasonable
opportunity to be present. If you desire to observe either
or both of the weighings, you should tell the mover at the
time the order for service is prepared or, in any event,
before the day of your move. This will enable the mover to
contact you before the weighing to advise you of the
location of the scale. |
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Reweighing of Shipment
If your shipment is weighed at origin and
you agree with the mover that you will pay the charges at
time of delivery, the mover is required to give you written
notice of the weight and charges on your shipment before
commencing to unload at your destination residence. If you
believe that the weight is not accurate, you have the right
to request that the shipment be reweighed before unloading. |
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The mover is not permitted to charge for
the reweighing. If the weight of your shipment at the time
of the reweigh is different from the weight determined at
origin, the mover must recomputed the charges based on the
reweigh weight. |
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Before requesting a reweigh, you may find
it to your advantage to estimate the weight of your shipment
using the following method:
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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 that item in the
count of the total items.
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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.
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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 per
article, it is unlikely that a reweigh will prove
beneficial to you and could result in your payment of
higher charges.
Experience has shown that the average
shipment of household goods will weigh about 40 pounds 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. |
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Picking Up and Delivering Shipments on the
Agreed Dates
Agree with your mover on set times for
pickup and delivery. You and your mover must reach an
agreement as to when your shipment is to be picked up and
delivered. 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 the mover's responsibility to tell
you if the service can be provided on or between those dates
or, if not, on what other dates the service can be provided.
In the process of reaching an agreement with a mover, it may
be necessary for you 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
of time you and the mover agree on should be definite.
Once an agreement is reached on the dates service is to be
provided, the mover is required to enter those dates on the
order for service. Do no sign or accept an order for service
that does not have the agreed dates for service entered on
the form. Do not sign or accept an order for service which
has dates for the pickup or delivery entered on it which are
different from those dates to which you have agreed. The
dates you have agreed upon must also be entered on the bill
of lading and become part of your contract with the mover. |
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Once your goods are loaded, the mover is
contractually bound to provide the service described in the
bill of lading. The only defense for not providing the
service on the dates called for in the contract is the
"defense of force majeure." This is a legal term which means
that if circumstances which could not have been foreseen and
which are beyond the control of the mover prevent the
performance of the service as agreed to in the bill of
lading, the mover is not responsible for damages resulting
from the non performance. |
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If, after an order for service is
prepared, the mover is unable to make pickup or delivery on
the agreed upon dates, the mover is required to notify you
be telephone, telegram or in person about the delay. The
mover must at that time tell you when your shipment can be
picked up or delivered. If for any reason you are unable or
unwilling to accept pickup or delivery on the dates named by
the mover, you should attempt to reach agreement with the
mover on an alternate date. |
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The establishment of a delayed pickup or
delivery date does not relieve the mover from liability for
damages resulting from the failure to provide service as
agreed. However, when you are notified of alternate delivery
dates it is your responsibility to be available to accept
delivery on the dates specified. If you are not available
and willing to accept delivery, the mover has the right to
place your shipment in storage at your expense or hold the
shipment on its truck and assess additional charges. |
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If after the pickup of your shipment, you
request the mover to change the delivery date, most movers
will agree to do so providing your request will not result
in unreasonable delay to their equipment or interfere with
another customer's move. However, the mover is not required
to consent to amended delivery dates and has the right to
place your shipment in storage at your expense if you are
unwilling or unable to accept delivery on the date agreed to
in the bill of lading. |
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If the 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 the mover. This is
what is called an inconvenience or delay claim. Should a
mover refuse to honor such a claim and you continue to
believe that you are entitled to be paid damages, you may
sue the mover. The Interstate Commerce Commission has no
authority to order the mover to pay such claims. |
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While it is hoped that your shipment will
not be delayed, you should consider this possibility and
find out before you agree for a mover to transport your
shipment what payment you can expect if the service is
delayed through the fault of the mover. |
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Space Reservations, Expedited Service,
Exclusive Use of a Vehicle and Guaranteed Pickup and
Delivery
It is customary for movers to offer price and service
options.
The total cost of your move may be increased if you want
additional or special service. Before you agree to have your
shipment moved under a bill of lading providing special
service, you should have a clear understanding with the
mover what the additional cost will be. You should always
consider that you may find other movers who can provide the
service you require without requiring that you 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 are required to pay for a minimum number of
cubic feet of space in the moving van regardless of how much
space in the van is actually occupied by your shipment. |
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Another service option is expedited
service to aid shippers who must have their shipments
transported on or between specific dates which the mover
could not ordinarily agree to do in its normal operations. |
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Another 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. |
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Still another service option is
guaranteed service on or between agreed dates. If you take
this service option you enter into an agreement with the
mover that 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 actually might have incurred as result of
the mover's failure to perform. |
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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 be required
to pay and consider all possible alternatives if you feel
that the charges will be more than you are willing to pay. |
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Notification of Charge
You must advise the mover at the time you
make the arrangements for the move if you wish to be
notified of the weight or volume and charges on your
shipment. You are required to give the mover a telephone
number or address at which the notification will be
received. |
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The mover must notify you of the charges
at least one 24 hour weekday prior to the delivery, unless
the shipment is to be delivered the day after pickup. The 24
hour requirement does not apply when you obtain an estimate
of the costs prior to the move or when the shipment is to be
weighed at the destination. |
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Receipt for Delivery of the Shipment
At the time of delivery, the mover
expects you to sign a receipt for your shipment. This is
usually accomplished by having you sign each page of the
mover's copy of the inventory. |
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Movers are prohibited from having you to
sign a receipt which relieves the mover from all liability
for loss or damage to the shipment. Do not sign any receipt
which does not provide that you are signing for your
shipment in apparent good condition except as noted on the
shipping documents. |
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The Mover's Liability for Loss or Damage
All moving companies are required to
assume liability for the value of goods which they
transport. However, there are different levels of liability,
and consumers should be aware of the amount of protection
provided and the charges for each plan. |
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First, unless you make specific
arrangements otherwise, the mover is required to assume
liability for the entire shipment at an amount equal to
$1.25 per pound times the weight of your shipment (ICC
Plan). For example, if your shipment weighs 4,000 pounds,
the mover will be liable to you for loss or damage up to
$5,000. Though you have made no specific arrangements for
this plan, the mover is entitled to charge you $7.00 for
each $1,000 of liability. Under this arrangement, if you
shipped a 10 pound painting valued at $1,000 in your 4,000
pound shipment, you could collect for the full value of the
painting if it was lost or damaged. Under this plan, your
valuables are somewhat protected, but you pay for it. |
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Next, if the value of your shipment
exceeds $1.25 per pound, you may obtain additional liability
protection from the mover. You do this by declaring a
specific dollar value for your shipment. The amount you
declare must exceed $1.25 per pound times the weight of the
shipment. If you declare that your 4,000 pound shipment is
worth $10,000, the mover will charge you $7.00 for each
$1,000 of declared value, which in this case would result in
a charge of $70.00. If you ship articles that are usually
expensive, such as art or antiques, be sure to declare their
full value in the declaration of a specific amount. You must
do this in writing. |
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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 papers. An article of extraordinary value is any
item whose value exceeds $100 per pound, per article. Your
mover will provide you with a complete explanation of this
limitation before your move. It is your responsibility to
study this provision carefully and make the necessary
declaration. |
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The least amount of liability a mover can
assume when transporting your goods is called the "released
value". Movers publish what are known as released value
rates. Under such rates, the mover assumes liability
for not more than 60 cents per pound, per article. Under
this arrangement, if that 10 pound painting which was
described in the previous example was lost or damaged and
you had agreed to a released value shipment, the mover would
be liable for not more than $6.00. Obviously, the consumer
should think carefully before agreeing to such an agreement.
There is no extra charge for this minimal protection, but
you must sign a specific statement on the bill of lading
agreeing to it. Remember that unless you do sign such an
agreement, the mover is liable for $1.25 per pound, and can
charge you for it. Many movers offer their own added
value protection plans that differ in many respects from the
ICC Plan. You should ask your mover for specific details of
how these plans operate and how much they will cost before
selecting the one of your choice. |
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The mover pays for loss or damage in each
of the three forms of liability described above. These are
not insurance agreements. An additional option for the
consumer is to agree to the released value transportation
and obtain insurance directly from the moving company or
from an insurance company. |
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Your mover can sell you or procure for
you liability insurance in the amount you require if you
release your shipment for transportation at a value of 60
cents per pound per article. In the event of loss or damage
which is the responsibility of the mover, the mover would be
liable only for an amount not exceeding 60 cents per pound
per article, and the balance of the loss would be
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 per $1,000 of coverage. |
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If you purchase liability insurance from
or through the mover, it is required that the mover 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, it becomes fully liable for any claim for loss
or damage attributed to its negligence. |
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Complaints and Inquiries About the Mover's
Service
All movers are expected to respond
promptly to complaints or inquiries from their customers.
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. |
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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 the documents relating to the move. Particularly
important is the number assigned to your shipment by the
mover. |
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If you do not receive a satisfactory
answer, you may contact the Interstate Commerce Commission's
offices as discussed on page 1. Any time you contact the
Commission regarding your shipment, please have available
the name of the mover and the number assigned to your
shipment. |
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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 carrier and
whether the mover will pay for such telephone calls. |
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Payments
At the time of payment of transportation
charges, the mover is required to 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 per unit for each
service, and the total charges for each service. Do not
accept or pay a freight bill which does not contain this
information. |
If your shipment was transported on a
collect on delivery basis (COD), you will be expected to pay
the total charges appearing on the freight bill at the time
of delivery unless the mover provided a non binding estimate
of approximate cost and the total charges for the services
included in the estimate exceed 110 perent of the estimated
charges.
It is customary for movers to provide in their tariffs that
freight charges must be paid in cash, by certified check, or
money order. When this requirement exists, the mover will
not accept personal checks. At the time you make
arrangements for your move, you should ask the mover about
the form of payment that is acceptable. |
Some movers permit payment of freight
charges by use of a charge card. However, do not assume that
because you have a nationally recognized charge or credit
card that it will be acceptable for payment. Ask the mover
at the time the arrangements are made.
If you do not pay the transportation charges at the time of
delivery the mover has the right under the bill of lading to
refuse to give you your goods. The mover may place them in
storage at your expense until the charges are paid. |
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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. |
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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 will be notified and a refund made. If an
undercharge occurred you will be billed for the additional
charges due. |
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Payment of the Transportation Charges on
Shipments
Transported 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 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. |
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If your shipment is divided for
transportation on two or more trucks you are not required to
pay the total charges until all portions of the shipment
have been delivered. However, as each portion of the
shipment is delivered, the mover can require payment for
that portion. |
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Movers are also permitted, but not
required, to delay the collection of all the charges until
the entire shipment is delivered. At the time you make the
arrangements for your move, you should ask the mover about
its policies in this respect. |
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Payment of Transportation Charges on
Shipments
Lost or Destroyed in Transit
Movers customarily make every effort to
assure that while your shipment is in their possession for
transportation, no items are lost, damaged or destroyed.
However, despite the precautions taken, articles are
sometimes lost or destroyed during the move. |
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In addition to any money you may recover
from the mover to compensate for lost or destroyed articles,
you are also entitled to recover the transportation charges
represented by the portion of the shipment lost or
destroyed. |
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On shipments with partial loss or
destruction of goods, the transportation charges must be
paid. The mover will return proportional freight charges at
the time loss and damage claims are processed. Should your
entire shipment be lost or destroyed while in the mover's
possession, the mover cannot require you to pay any of the
charges except the amount you have paid or agreed to pay for
added liability protection. The fact that you do not pay any
transportation charges does not affect any right you may
have to recover reimbursement for the lost or destroyed
articles providing you pay the charges for added liability
protection. |
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Filling of Claims for Loss and Damage or
Delay
Dispute Resolution Programs
Should your move result in the loss or
damage to any of your property, you have the right to file a
claim with the mover to recover money for such loss or
damage. You have nine months following either the date
of delivery or the date on which the shipment should have
been delivered to file a claim. However, you should file a
claim as soon as possible. If you fail to file a claim
within 120 days following delivery and laterbring a legal
action against the mover to recover the damages, you may not
be able to recover your attorney fees even though you win
the court action. |
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While the Interstate Commerce Commission
maintains regulations governing the processing of loss and
damage claims, it cannot resolve those claims. If you cannot
settle a claim with the mover, you may file a civil action
to recover in court. In this connection, you may obtain the
name and address of the mover's agent for service of legal
process in your state by contacting the applicable ICC
regional office. If the mover participates in a dispute
resolution program, you may find submitting your claim to
arbitration under such a program a less expensive and more
convenient way to seek recovery. Movers which participate in
a dispute resolution program are required to advise all
shippers of the existence and details of the program before
they accept a shipment to be transported. If the mover does
not provide information about a dispute resolution program
at the time an order for service is prepared, you should ask
whether the mover participates in such a program. |
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Points to Remember
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Movers may give binding estimates.
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Non binding estimates may not be
accurate; actual charges may often exceed the estimate.
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Specify pick up and delivery dates in the
order for service.
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The bill of lading is your contract with
the mover. . . read it carefully. . . If
you have any questions ask your mover or call the 1.C.C.
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Be sure that you understand the extent of
your mover's liability for loss
and damage.
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You have the right to be present each
time your shipment is weighed.
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You may request a reweigh of your
shipment.
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If you have moved on a non binding
estimate, you should have enough
cash or a certified check to pay the estimated cost of
your move plus 10percent more at time of delivery.
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