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- 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 pickup 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 pickup and delivery dates?
- What
should I know about the pickup 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 pickup:
- 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 pickup 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 pickup 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 pickup 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 pickup 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 pickup", or "as soon as
possible", have it translated into specific calendar dates.
Make sure these dates are on your bill of lading.
- At
Pickup
- 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 pickup from the FIRST date to the LAST
date on your pickup 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 pickup 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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