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Your Rights and Responsibilities when you move

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We, as movers, are required by law, to give this pamphlet to every customer.  Since it is a 32 page long "book", we like our potential customers to have the oportunity to look it up on the internet first.

49 CFR Part 375 Transportation of Household Goods - Consumer

Protection Regulations

Appendix A to Part 375—Your Rights and Responsibilities When You

Move

You must furnish this document to prospective individual shippers as required by 49

CFR 375.213. The text as it appears in this appendix may be reprinted in a form and

manner chosen by you, provided it complies with § 375.213(b)(2) and (b)(3). You are

not required to italicize titles of sections.

YOUR RIGHTS AND RESPONSIBILITIES WHEN YOU MOVE (OMB No. 2126–0025)

Furnished by Your Mover, as Required by Federal Law

Authority: 49 U.S.C. 13301, 13704, 13707, and 14104; 49 CFR 1.73.

What Is Included in This Pamphlet?

In this pamphlet, you will find a discussion of each of these topics:

�� Why Was I Given This Pamphlet?

�� What Are the Most Important Points I Should Remember From This Pamphlet?

�� What If I Have More Questions?

Subpart A—General Requirements

Who must follow the regulations?

What definitions are used in this Pamphlet?

Subpart B—Before Requesting Services From Any Mover

What is my mover’s normal liability for loss or damage when my mover accepts

goods from me?

What actions by me limit or reduce my mover’s normal liability?

What are dangerous or hazardous materials that may limit or reduce my mover’s

normal liability?

May my mover have agents?

What items must be in my mover’s advertisements?

How must my mover handle complaints and inquiries?

Do I have the right to inspect my mover’s tariffs (schedules of charges)

applicable to my move?

Must my mover have an arbitration program?

Must my mover inform me about my rights and responsibilities under Federal

law?

What other information must my mover provide to me?

How must my mover collect charges?

May my mover collect charges upon delivery?

May my mover extend credit to me?

May my mover accept charge or credit cards for my payments?

Subpart C—Service Options Provided

What service options may my mover provide?

If my mover sells liability insurance coverage, what must my mover do?

Subpart D—Estimating Charges

Must my mover estimate the transportation and accessorial charges for my

move?

How must my mover estimate charges under the regulations?

What payment arrangements must my mover have in place to secure delivery of

my household goods shipment?

Subpart E—Pickup of My Shipment of Household Goods

Must my mover write up an order for service?

Must my mover write up an inventory of the shipment?

Must my mover write up a bill of lading?

Should I reach an agreement with my mover about pickup and delivery times?

Must my mover determine the weight of my shipment?

How must my mover determine the weight of my shipment?

What must my mover do if I want to know the actual weight or charges for my

shipment before delivery?

Subpart F—Transportation of My Shipment

Must my mover transport the shipment in a timely manner?

What must my mover do if it is able to deliver my shipment more than 24 hours

before I am able to accept delivery?

What must my mover do for me when I store household goods in transit?

Subpart G—Delivery of My shipment

May my mover ask me to sign a delivery receipt releasing it from liability?

What is the maximum collect-on-delivery amount my mover may demand I pay at

the time of delivery?

If my shipment is transported on more than one vehicle, what charges may my

mover collect at delivery?

If my shipment is partially or totally lost or destroyed, what charges may my

mover collect at delivery?

How must my mover calculate the charges applicable to the shipment as

delivered?

Subpart H—Collection of Charges

Does this subpart apply to most shipments?

How must my mover present its freight or expense bill to me?

If I forced my mover to relinquish a collect-on- delivery shipment before the

payment of ALL charges, how must my mover collect the balance?

What actions may my mover take to collect from me the charges in its freight bill?

Do I have a right to file a claim to recover money for property my mover lost or

damaged?

Subpart I—Resolving Disputes With My Mover

What may I do to resolve disputes with my mover?

Why Was I Given This 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?

1. Movers must give written estimates.

2. Movers may give binding estimates

3. Non-binding estimates are not always accurate; actual charges may exceed the

estimate.

4. If your mover provides you (or someone representing you) with any partially complete

document for your signature, you should verify the document is as complete as possible

before signing it. Make sure the document contains all relevant shipping information,

except the actual shipment weight and any other information necessary to determine

the final charges for all services performed.

5. You may request from your mover the availability of guaranteed pickup and delivery

dates.

6. Be sure you understand the mover’s responsibility for loss or damage, and request

an explanation of the difference between valuation and actual insurance.

7. You have the right to be present each time your shipment is weighed.

8. You may request a reweigh of your shipment.

9. 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.

10. Movers must offer a dispute settlement program as an alternative means of settling

loss or damage claims. Ask your mover for details.

11. You should ask the person you speak to whether he or she works for the actual

mover or a household goods broker. A household goods broker only arranges for the

transportation. A household goods broker must not represent itself as a mover. A

household goods broker does not own trucks of it’s 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.

12. 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.

13. You should seek estimates from at least three different movers. You should not

disclose any information to the different movers about their competitors, as it may affect

the accuracy of their estimates.

What If I Have More Questions?

If this 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 online 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 nonbinding

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.

MoverA motor carrier engaged in the transportation of household goods and its

household goods agents.

Must—A legal obligation. You or your mover must do something.

Order for Service—The document authorizing the mover to transport your household

goods.

Order (Bill of Lading) Number—The number used to identify and track your shipment.

Peak Season Rates—Higher line haul charges applicable during the summer months.

4700

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.

TariffAn 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 OurThe 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 2 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:

(1) You include perishable, dangerous, or hazardous materials in your household goods

without your mover’s knowledge.

(2) You choose liability option 1 but ship household goods valued at more than 60 cents

per pound ($1.32 per kilogram) per article.

(3) You fail to notify your mover in writing of articles valued at more than $100 per

pound ($220 per kilogram). (If you do notify your mover, you will be entitled to full

recovery up to the declared value of the article or articles, not to exceed the declared

value of the entire shipment.)

What Are Dangerous or Hazardous Materials That May Limit or Reduce My

Mover’s Normal Liability?

Federal law forbids you to ship hazardous materials in your household goods boxes or

luggage without informing your mover. A violation can result in five years’ imprisonment

and penalties of $250,000 or more (49 U.S.C. 5124). You could also lose or damage

your household goods by fire, explosion, or contamination.

If you offer hazardous materials to your mover, you are considered a hazardous

materials shipper and must comply with the hazardous materials requirements in 49

CFR parts 171, 172, and 173, including but not limited to package labeling and marking,

shipping papers, and emergency response information. Your mover 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:

(1) Name or trade name of the mover under whose US DOT number the

advertised service will originate.

(2) US DOT number, assigned by FMCSA, authorizing your mover to operate.

Your mover must display the information as: US DOT No. (assigned number).

You should compare the name or trade name of the mover and its US DOT

number to the name and US DOT number on the sides of the truck(s) that arrive

at your residence. The names and numbers should be identical. If the names and

numbers are not identical, you should ask your mover immediately why they are

not. You should not allow the mover to load your household goods on its truck(s)

until you obtain a satisfactory response from the mover’s local agent. The

discrepancies may warn of problems you will have later in your business dealings

with this mover.

How Must My Mover Handle Complaints and Inquiries?

All movers are expected to respond promptly to complaints or inquiries from you, the

customer. Should you have a complaint or question about your move, you should first

attempt to obtain a satisfactory response from the mover’s local agent, the sales

representative who handled the arrangements for your move, or the driver assigned to

your shipment.

If for any reason you are unable to obtain a satisfactory response from one of these

persons, you should then contact the mover’s principal office. When you make such a

call, be sure to have available your copies of all documents relating to your move.

Particularly important is the number assigned to your shipment by your mover.

Interstate movers are also required to offer neutral arbitration as a means of resolving

consumer 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. 14704 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:

(1) A communications system allowing you to communicate with your mover’s

principal place of business by telephone.

(2) A telephone number.

(3) A clear and concise statement about who must pay for complaint and inquiry

telephone calls.

(4) A written or electronic record system for recording all inquiries and complaints

received from you by any means of communication.

Your mover must give you a clear and concise written description of its

procedure. You may want to be certain that the system is in place.

Do I Have the Right to Inspect My Mover’s Tariffs (Schedules of 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.

14704 to seek judicial remedies directly. Your mover must establish and maintain an

arbitration program with the following 11 minimum elements:

(1) The arbitration program offered to you must prevent your mover from having

any special advantage because you live or work in a place distant from the

mover’s principal or other place of business.

(2) Before your household goods are tendered for transport, your mover must

provide notice to you of the availability of neutral arbitration, including the

following three things:

(a) A summary of the arbitration procedure.

(b) Any applicable costs.

(c) A disclosure of the legal effects of electing to use arbitration.

(3) Upon your request, your mover must provide information and forms it

considers necessary for initiating an action to resolve a dispute under arbitration.

(4) Each person authorized to arbitrate must be independent of the parties to the

dispute and capable of resolving such disputes fairly and expeditiously. Your

mover must ensure the arbitrator is authorized and able to obtain from you or

your mover any material or relevant information to carry out a fair and

expeditious decision-making process.

(5) You must not be required to pay more than one-half of the arbitration’s cost.

The arbitrator may determine the percentage of payment of the costs for each

party in the arbitration decision, but must not make you pay more than half.

(6) Your mover must not require you to agree to use arbitration before a dispute

arises.

(7) You will be bound by arbitration for claims of $5,000 or less if you request

arbitration.

(8) You will be bound by arbitration for claims of more than $5,000 only if you

request arbitration and your mover agrees to it.

(9) If you and your mover both agree, the arbitrator may provide for an oral

presentation of a dispute by a party or representative of a party.

(10) The arbitrator must render a decision within 60 days of receipt of written

notification of the dispute, and a decision by an arbitrator may include any

remedies appropriate under the circumstances.

(11) The 60-day period may be extended for a reasonable period if you fail, or

your mover fails, to provide information in a timely manner. Your mover must

produce and distribute a concise, easy-to-read, 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:

(1) The contents of Appendix A, ‘‘Your Rights and Responsibilities When You

Move’’—this pamphlet.

(2) A concise, easy-to-read, accurate summary of your mover’s arbitration

program.

(3) A notice of availability of the applicable sections of your mover’s tariff for the

estimate of charges, including an explanation that you may examine the tariff

sections or have copies sent to you upon request.

(4) A concise, easy-to-read, accurate summary of your mover’s customer

complaint and inquiry handling procedures. Included in this summary must be the

following two items:

(a) The main telephone number you may use to communicate with your

mover.

(b) A clear and concise statement concerning who must pay for telephone

calls. Your mover may, at its discretion, provide additional information to

you.

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:

(1) Name of the consignor.

(2) Name of the consignees.

(3) Date of the shipment.

(4) Origin point.

(5) Destination points.

(6) Number of packages.

(7) Description of the freight.

(8) Weight of the freight (if applicable to the rating of the freight).

(9) The volume of the freight (if applicable to the rating of the freight).

(10) The measurement of the freight (if applicable to the rating of the freight).

(11) Exact rate(s) assessed.

(12) 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.

(13) An indication of whether adjustments may apply to the bill.

(14) Total charges due and acceptable methods of payment.

(15) The nature and amount of any special service charges.

(16) The points where special services were rendered.

(17) Route of movement and name of each mover participating in the

transportation.

(18) Transfer points where shipments moved.

(19) 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 might provide the

services you require without requiring you to pay the additional charges.

One service option is a space reservation. If you agree to have your shipment

transported under a space reservation agreement, you will pay for a minimum number

of cubic feet of space in the moving van regardless of how much space in the van your

shipment actually occupies.

A second option is expedited service. This aids you if you must have your shipments

transported on or between specific dates when the mover could not ordinarily agree to

do so in its normal operations.

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 representative 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 nonbonding 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:

(1) Your mover must retain a copy of each binding estimate as an attachment to

the bill of lading.

(2) Your mover must clearly indicate upon each binding estimate’s face that the

estimate is binding upon you and your mover. Each binding estimate must also

clearly indicate on its face that the charges shown are the charges to be

assessed for only those services specifically identified in the estimate.

(3) Your mover must clearly describe binding estimate shipments and all services

to be provided.

(4) If, before loading your shipment, your mover believes you are tendering

additional household goods or are requiring additional services not identified in

the binding estimate, and you and your mover cannot reach an agreement, your

mover may refuse to service the shipment. If your mover agrees to service the

shipment, your mover must do one of the following three things:

(a) Reaffirm the binding estimate.

(b) Negotiate a revised written binding estimate listing the additional

household goods or services.

(c) Add an attachment to the contract, in writing, stating you both will

consider the original binding estimate as a non-binding estimate. You

should read more below. This may seriously affect how much you may

pay for the entire move.

(5) Once your mover loads your shipment, your mover’s failure to execute a new

binding estimate or to agree with you to treat the original estimate as a nonbinding

estimate signifies it has reaffirmed the original binding estimate. Your

mover may not collect more than the amount of the original binding estimate,

except as provided in the next two paragraphs.

(6) 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.

(7) 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 after 30 days after the

date of delivery.

(8) 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 nonbinding

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:

(1) Your mover must provide reasonably accurate non-binding estimates based

upon the estimated weight of the shipment and services required.

(2) Your mover must explain to you that all charges on shipments moved under

non-binding estimates will be those appearing in your mover’s tariffs applicable to

the transportation. If your mover provides a non-binding estimate of approximate

costs, your mover is not bound by such an estimate.

(3) Your mover must furnish non-binding estimates without charge and in writing

to you.

(4) Your mover must retain a copy of each non-binding estimate as an

attachment to the bill of lading.

(5) Your mover must clearly indicate on the face of a non-binding estimate that

the estimate is not binding upon your mover and the charges shown are the

approximate charges to be assessed for the services identified in the estimate.

(6) Your mover must clearly describe on the face of a non-binding estimate the

entire shipment and all services to be provided.

(7) If, before loading your shipment, your mover believes you are tendering

additional household goods or requiring additional services not identified in the

non-binding estimate, and you and your mover cannot reach an agreement, your

mover may refuse to service the shipment. If your mover agrees to service the

shipment, your mover must do one of the following two things:

(a) Re-affirm the non-binding estimate.

(b) Negotiate a revised written non-binding estimate listing the additional

household goods or services.

(8) Once your mover loads your shipment, your mover’s failure to execute a new

estimate signifies it has reaffirmed the original non-binding estimate. Your mover

may not collect more than 110 percent of the amount of this estimate at

destination.

(9) 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.

(10) 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

changes any agreed upon dates for pickup or delivery of your shipment, or agree to any

change in the non-binding estimate, your mover may prepare a written change to the

order for service. The written change must be attached to the order for service.

The order for service must contain the following 15 elements:

(1) Your mover’s name and address and the US DOT number assigned to your

mover.

(2) Your name, address and, if available, telephone number(s).

(3) The name, address, and telephone number of the delivering mover’s office or

agent at or nearest to the destination of your shipment.

(4) A telephone number where you may contact your mover or its designated

agent.

(5) One of the following three dates and times:

(i) The agreed-upon pickup date and agreed delivery date of your move.

(ii) The agreed-upon period(s) of the entire move.

(iii) If your mover is transporting the shipment on a guaranteed service

basis, the guaranteed dates or periods of time for pickup, transportation,

and delivery. Your mover must enter any penalty or per diem requirements

upon the agreement under this item.

(6) The names and addresses of any other motor carriers, when known, that will

participate in interline transportation of the shipment.

(7) The form of payment your mover will honor at delivery. The payment

information must be the same as was entered on the estimate.

(8) The terms and conditions for payment of the total charges, including notice of

any minimum charges.

(9) 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.

(10) 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.

(11) A complete description of any special or accessorial services ordered and

minimum weight or volume charges applicable to the shipment.

(12) Any identification or registration number your mover assigns to the

shipment.

(13) For non-binding estimated charges, your mover’s reasonably accurate

estimate of the amount of the charges, the method of payment of total charges,

and the maximum amount (110 percent of the non-binding estimate) your mover

will demand at the time of delivery for you to obtain possession of the shipment.

(14) For binding estimated charges, the amount of charges your mover will

demand based upon the binding estimate and the terms of payment under the

estimate.

(15) An indication of whether you request notification of the charges before

delivery. You must provide your mover with the telephone number(s) or

address(s) where your mover will transmit such communications.

You and your mover must sign the order for service. Your mover must provide a

dated copy of the order for service to you at the time your mover signs the order.

Your mover must provide you the opportunity to rescind the order for service

without any penalty for a three-day period after you sign the order for service, if

you scheduled the shipment to be loaded more than three days after you sign the

order.

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 charges are paid, and all claims, if any, are settled.

A bill of lading must include the following 14 elements:

(1) Your mover’s name and address, or the name and address of the motor

carrier issuing the bill of lading.

(2) The names and addresses of any other motor carriers, when known, who will

participate in the transportation of the shipment.

(3) The name, address, and telephone number of the office of the motor carrier

you must contact in relation to the transportation of the shipment.

(4) The form of payment your mover will honor at delivery. The payment

information must be the same that was entered on the estimate and order for

service.

(5) When your mover transports your shipment under a collect-on-delivery basis,

your name, address, and telephone number where the mover will notify you

about the charges.

(6) For non-guaranteed service, the agreed-upon date or period of time for

pickup of the shipment and the agreed-upon date or period of time for the

delivery of the shipment. The agreed-upon dates or periods for pickup and

delivery entered upon the bill of lading must conform to the agreed-upon dates or

periods of time for pickup and delivery entered upon the order for service or a

proper amendment to the order for service.

(7) For guaranteed service, the dates for pickup and delivery and any penalty or

per diem entitlements due you under the agreement.

(8) The actual date of pickup.

(9) The identification number(s) of the vehicle(s) in which your mover loads your

shipment.

(10) The terms and conditions for payment of the total charges including notice of

any minimum charges.

(11) The maximum amount your mover will demand from you at the time of

delivery for you to obtain possession of your shipment, when your mover

transports under a collect-on-delivery basis.

(12) The Surface Transportation Board’s required released rates valuation

statement, and the charges, if any, for optional valuation coverage. The Board’s

required released rates may be increased annually by your mover based on the

U.S. Department of Commerce’s Cost of Living Adjustment.

(13) Evidence of any insurance coverage sold to or procured for you from an

independent insurer, including the amount of the premium for such insurance.

(14) Each attachment to the bill of lading. Each attachment is an integral part of

the bill of lading contract. If not provided to you elsewhere by the mover, the

following three items must be added as attachments:

(i) The binding or non-binding estimate.

(ii) The order for service.

(iii) 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 agreed to in the bill of lading,

your mover is not responsible for damages resulting from its nonperformance. This may

occur when you do not inform your mover of the exact delivery requirements. For

example, because of restrictions trucks must follow at your new location, the mover may

not be able to take its truck down the street of your residence and may need to shuttle

the shipment using another type of vehicle.

Must My Mover Determine the Weight of My Shipment?

Generally, yes. If your mover transports your household goods on a non-binding

estimate under the mover’s tariffs based upon weight, your mover must determine the

weight of the shipment. If your mover provided a binding estimate and has loaded your

shipment without claiming you have added additional items or services, the weight of

the shipment will not affect the charges you will pay.

If your mover is transporting your shipment based upon the volume of the shipment—

that is, a set number of cubic feet (or yards or meters) — the weight of the shipment

likewise will not affect the charges you will pay.

Your mover must determine the weight of your shipment before requesting you to pay

for any charges dependent upon your shipment’s weight.

Most movers have a minimum weight or volume charge for transporting a shipment.

Generally, the minimum is the charge for transporting a shipment of at least 3,000

pounds (1,362 kilograms).

If your shipment appears to weigh less than the mover’s minimum weight, your mover

must advise you on the order for service of the minimum cost before transporting your

shipment. Should your mover fail to advise you of the minimum charges and your

shipment is less than the minimum weight, your mover must base your final charges

upon the actual weight, not upon the minimum weight.

How Must My Mover Determine the Weight of My Shipment?

Your mover must weigh your shipment upon a certified scale.

The weight of your shipment must be obtained by using one of two methods.

Origin Weighing—Your mover may weigh your shipment in the city or area where it

loads your shipment. If it elects this option, the driver must weigh the truck before

coming to your residence. This is called the tare weight. At the time of this first

weighing, the truck may already be partially loaded with another shipment(s). This will

not affect the weight of your shipment. The truck should also contain the pads, dollies,

hand trucks, ramps, and other equipment normally used in the transportation of

household goods shipments. After loading, the driver will weigh the truck again to obtain

the loaded weight, called the gross weight. The net weight of your shipment is then

obtained by subtracting the tare weight before loading from the gross weight.

Gross Weight less the Tare Weight Before Loading = Net Weight.

Destination Weighing (Also called Back Weighing)—The mover is also permitted to

determine the weight of your shipment at the destination after it delivers your load.

Weighing your shipment at destination instead of at origin will not affect the accuracy of

the shipment weight.

The most important difference is that your mover will not determine the exact

charges on your shipment before it is unloaded.

Destination weighing is done in reverse of origin weighing. After arriving in the city or

area where you are moving, the driver will weigh the truck. Your shipment will still be on

the truck. Your mover will determine the gross weight before coming to your new

residence to unload. After unloading your shipment, the driver will again weigh the truck

to obtain the tare weight. The net weight of your shipment will then be obtained by

subtracting the tare weight after delivery from the gross weight.

Gross Weight less the Tare Weight After Delivery = Net Weight.

At the time of both weighings, your mover’s truck must have installed or loaded all pads,

dollies, hand trucks, ramps, and other equipment required in the transportation of your

shipment. The driver and other persons must be off the vehicle at the time of both

weighings. The fuel tanks on the vehicle must be full at the time of each weighing. In

lieu of this requirement, your mover must not add fuel between the two weighings when

the tare weighing is the first weighing performed.

Your mover may detach the trailer of a tractor-trailer vehicle combination from the

tractor and have the trailer weighed separately at each weighing provided the length of

the scale platform is adequate to accommodate and support the entire trailer.

Your mover may use an alternative method to weigh your shipment if it weighs 3,000

pounds (1,362 kilograms) or less. The only alternative method allowed is weighing the

shipment upon a platform or warehouse certified scale before loading your shipment for

transportation or after unloading.

Your mover must use the net weight of shipments transported in large containers, such

as ocean or railroad containers. Your mover will calculate the difference between the

tare weight of the container (including all pads, blocking and bracing used in the

transportation of your shipment) and the gross weight of the container with your

shipment loaded in the container.

You have the right, and your mover must inform you of your right, to observe all

weighings of your shipment. Your mover must tell you where and when each weighing

will occur. Your mover must give you a reasonable opportunity to be present to observe

the weighings. You may waive your right to observe any weighing or reweighing. This

does not affect any of your other rights under Federal law.

Your mover may request you waive your right to have a shipment weighed upon a

certified scale. Your mover may want to weigh the shipment upon a trailer’s on-board,

non-certified scale. You should demand your right to have a certified scale used. The

use of a non-certified scale may cause you to pay a higher final bill for your move, if the

non-certified scale does not accurately weigh your shipment. Remember that certified

scales are inspected and approved for accuracy by a government inspection or

licensing agency. Non-certified scales are not inspected and approved for accuracy by a

government inspection or licensing agency.

Your mover must obtain a separate weight ticket for each weighing. The weigh master

must sign each weight ticket. Each weight ticket must contain the following six items:

(1) The complete name and location of the scale.

(2) The date of each weighing.

(3) Identification of the weight entries as being the tare, gross, or net weights.

(4) The company or mover identification of the vehicle.

(5) Your last name as it appears on the Bill of Lading.

(6) Your mover’s shipment registration or Bill of Lading number.

Your mover must retain the original weight ticket or tickets relating to the determination

of the weight of your shipment as part of its file on your shipment. When both weighings

are performed on the same scale, one weight ticket may be used to record both

weighings. Your mover must present all freight bills with true copies of all weight tickets.

If your mover does not present its freight bill with all weight tickets, your mover is in

violation of Federal law. Before the driver actually begins unloading your shipment

weighed at origin and after your mover informs you of the billing weight and total

charges, you have the right to demand a reweigh of your shipment. If you believe the

weight is not accurate, you have the right to request your mover reweigh your shipment

before unloading.

You have the right, and your mover must inform you of your right, to observe all reweighings

of your shipment. Your mover must tell you where and when each reweighing

will occur. Your mover must give you a reasonable opportunity to be present to observe

the re-weighings. You may waive your right to observe any reweighing; however, you

must waive that right in writing. You may send the written waiver via fax or e-mail, as

well as by overnight courier or certified mail, return receipt requested. This does not

affect any of your other rights under Federal law. Your mover is prohibited from

charging you for the reweighing. If the weight of your shipment at the time of the reweigh

is different from the weight determined at origin, your mover must recompute the

charges based upon the re-weigh weight.

Before requesting a re-weigh, you may find it to your advantage to estimate the weight

of your shipment using the following three-step method:

1. Count the number of items in your shipment. Usually there will be either 30 or

40 items listed on each page of the inventory. For example, if there are 30 items

per page and your inventory consists of four complete pages and a fifth page

with 15 items listed, the total number of items will be 135. If an automobile is

listed on the inventory, do not include this item in the count of the total

items.

2. Subtract the weight of any automobile included in your shipment from the total

weight of the shipment. If the automobile was not weighed separately, its weight

can be found on its title or license receipt.

3. Divide the number of items in your shipment into the weight. If the average

weight resulting from this exercise ranges between 35 and 45 pounds (16 and 20

kilograms) per article, it is unlikely a reweigh will prove beneficial to you. In fact, it

could result in your paying higher charges.

Experience has shown that the average shipment of household goods will weigh about

40 pounds (18 kilograms) per item. If a shipment contains a large number of heavy

items, such as cartons of books, boxes of tools or heavier than average furniture, the

average weight per item may be 45 pounds or more (20 kilograms or more).

What Must My Mover Do if I Want To Know the Actual Weight or Charges for My

Shipment Before Delivery?

If you request notification of the actual weight or volume and charges upon your

shipment, your mover must comply with your request if it is moving your goods on a

collect-on-delivery basis. This requirement is conditioned upon your supplying your

mover with an address or telephone number where you will receive the communication.

Your mover must make its notification by telephone; fax transmissions; e-mail; overnight

courier; certified mail, return receipt requested; or in person.

You must receive the mover’s notification at least one full 24-hour day before its

scheduled delivery, excluding Saturdays, Sundays, and Federal holidays.

Your mover may disregard this 24-hour notification requirement on shipments subject to

one of the following three things:

(1) Back weigh (when your mover weighs your shipment at its destination).

(2) Pickup and delivery encompassing two consecutive weekdays, if you agree.

(3) Maximum payment amounts at time of delivery of 110 percent of the

estimated charges, if you agree.

Subpart F—Transportation of My Shipment Must My Mover Transport the

Shipment in a Timely Manner?

Yes, your mover must transport your household goods in a timely manner. This is also

known as ‘‘reasonable dispatch service.’’ Your mover must provide reasonable dispatch

service to you, except for transportation on the basis of guaranteed delivery dates.

When your mover is unable to perform either the pickup or delivery of your shipment on

the dates or during the periods of time specified in the order for service, your mover

must notify you of the delay, at the mover’s expense. As soon as the delay becomes

apparent to your mover, it must give you notification it will be unable to provide the

service specified in the terms of the order for service. Your mover may notify you of the

delay in any of the following ways: by telephone; fax transmissions; e-mail; overnight

courier; certified mail, return receipt requested; or in person.

When your mover notifies you of a delay, it also must advise you of the dates or periods

of time it may be able to pick up and/or deliver the shipment. Your mover must consider

your needs in its advisement. Your mover must prepare a written record of the date,

time, and manner of its notification.

Your mover must prepare a written record of its amended date or period for delivery.

Your mover must retain these records as a part of its file on your shipment. The

retention period is one year from the date of notification. Your mover must furnish a

copy of the notification to you either by first class mail or in person, if you request a copy

of the notice.

Your mover must tender your shipment for delivery on the agreed-upon delivery date or

within the period specified on the bill of lading. Upon your request or concurrence, your

mover may deliver your shipment on another day.

The establishment of a delayed pickup or delivery date does not relieve your mover

from liability for damages resulting from your mover’s failure to provide service as

agreed. However, when your mover notifies you of alternate delivery dates, it is your

responsibility to be available to accept delivery on the dates specified. If you are not

available and are not willing to accept delivery, your mover has the right to place your

shipment in storage at your expense or hold the shipment on its truck and assess

additional charges.

If after the pickup of your shipment, you request your mover to change the delivery date,

most movers will agree to do so provided your request will not result in unreasonable

delay to its equipment or interfere with another customer’s move. However, your mover

is under no obligation to consent to amended delivery dates. Your mover 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.

If your mover fails to pick up and deliver your shipment on the date entered on the bill of

lading and you have expenses you otherwise would not have had, you may be able to

recover those expenses from your mover. This is what is called an inconvenience or

delay claim. Should your mover refuse to honor such a claim and you continue to

believe you are entitled to be paid damages, you may take your mover to court under 49

U.S.C. 14704. The Federal Motor Carrier Safety Administration (FMCSA) has no

authority to order your mover to pay such claims.

While we hope your mover delivers your shipment in a timely manner, you should

consider the possibility your shipment may be delayed, and find out what payment you

can expect if a mover delays service through its own fault, before you agree with the

mover to transport your shipment.

What Must My Mover Do if It Is Able To Deliver My Shipment More Than 24 Hours

Before I Am Able to Accept Delivery?

At your mover’s discretion, it may place your shipment in storage. This will be under its

own account and at its own expense in a warehouse located in proximity to the

destination of your shipment. Your mover may do this if you fail to request or concur

with an early delivery date, and your mover is able to deliver your shipment more than

24 hours before your specified date or the first day of your specified period.

If your mover exercises this option, your mover must immediately notify you of the name

and address of the warehouse where your mover places your shipment. Your mover

must make and keep a record of its notification as a part of its shipment records. Your

mover has full responsibility for the shipment under the terms and conditions of the bill

of lading. Your mover is responsible for the charges for redelivery, handling, and

storage until it makes final delivery.

Your mover may limit its responsibility to the agreed-upon delivery date or the first day

of the period of delivery as specified in the bill of lading.

What Must My Mover Do for Me When I Store Household Goods in Transit?

If you request your mover to hold your household goods in storage-in-transit and the

storage period is about to expire, your mover must notify you, in writing, about the four

following items:

(1) The date when storage-in-transit will convert to permanent storage.

(2) The existence of a nine-month period after the date of conversion to

permanent storage, during which you may file claims against your mover for loss

or damage occurring to your goods while in transit or during the storage-in-transit

period.

(3) Your mover’s liability will end.

(4) Your property will be subject to the rules, regulations, and charges of the

warehouseman. Your mover must make this notification at least 10 days before

the expiration date of one of the following two periods of time:

(i) The specified period of time when your mover is to hold your goods in

storage.

(ii) The maximum period of time provided in its tariff for storage-in-transit.

Your mover must notify you by facsimile transmission; overnight courier; e-mail; or

certified mail, return receipt requested.

If your mover holds your household goods in storage-in-transit for less than 10 days,

your mover must notify you, one day before the storage-in-transit period expires, of the

same information specified above.

Your mover must maintain a record of all notifications to you as part of the records of

your shipment. Under the applicable tariff provisions regarding storage-in-transit, your

mover’s failure or refusal to notify you will automatically extend your mover’s liability

until the end of the day following the date when your mover actually gives you notice.

Subpart G—Delivery of My Shipment

May My Mover Ask Me To Sign a Delivery Receipt Purporting To Release It From

Liability?

At the time of delivery, your mover will expect you to sign a receipt for your shipment.

Normally, you will sign each page of your mover’s copy of the inventory.

Your mover’s delivery receipt or shipping document must not contain any language

purporting to release or discharge it or its agents from liability.

Your mover may include a statement about your receipt of your property in apparent

good condition, except as noted on the shipping documents.

Do not sign the delivery receipt if it contains any language purporting to release or

discharge your mover or its agents from liability. Strike out such language before

signing, or refuse delivery if the driver or mover refuses to provide a proper delivery

receipt.

What Is the Maximum Collect-on-Delivery Amount My Mover May Demand I Pay at

the Time of Delivery?

On a binding estimate, the maximum amount is the exact estimate of the charges. Your

mover must specify on the estimate, order for service, and bill of lading the form of

payment acceptable to it (for example, a certified check).

On a non-binding estimate, the maximum amount is 110 percent of the approximate

costs. Your mover must specify on the estimate, order for service, and bill of lading the

form of payment acceptable to it (for example, cash).

If My Shipment Is Transported on More Than One Vehicle, What Charges May My

Mover Collect at Delivery?

Although all movers try to move each shipment on one truck, it becomes necessary at

times to divide a shipment among two or more trucks. This frequently occurs when an

automobile is included in the shipment and it is transported on a vehicle specially

designed to transport automobiles. When this occurs, your transportation charges are

the same as if the entire shipment moved on one truck.

If your shipment is divided for transportation on two or more trucks, the mover may

require payment for each portion as it is delivered.

Your mover may delay the collection of all the charges until the entire shipment is

delivered, at its discretion, not yours. When you order your move, you should ask the

mover about its policies in this regard.

If My Shipment Is Partially Lost or Destroyed, What Charges May My Mover

Collect at Delivery?

Movers customarily make every effort to avoid losing, damaging, or destroying any of

your items while your shipment is in their possession for transportation. However,

despite the precautions taken, articles are sometimes lost or destroyed during the

move.

In addition to any money you may recover from your mover to compensate for lost or

destroyed articles, you may also recover the transportation charges represented by the

portion of the shipment lost or destroyed. Your mover may only apply this paragraph to

the transportation of household goods. Your mover may disregard this paragraph if loss

or destruction was due to an act or omission by you. Your mover must require you to

pay any specific valuation charge due.

For example, if you pack a hazardous material (i.e., gasoline, aerosol cans, motor oil,

etc.) and your shipment is partially lost or destroyed by fire in storage or in the mover’s

trailer, your mover may require you to pay for the full cost of transportation.

Your mover may first collect its freight charges for the entire shipment, if your mover

chooses. At the time your mover disposes of claims for loss, damage, or injury to the

articles in your shipment, it must refund the portion of its freight charges corresponding

to the portion of the lost or destroyed shipment (including any charges for accessorial or

terminal services).

Your mover is forbidden from collecting, or requiring you to pay, any freight charges

(including any charges for accessorial or terminal services) when your household goods

shipment is totally lost or destroyed in transit, unless the loss or destruction was due to

an act or omission by you.

How Must My Mover Calculate the Charges Applicable to the Shipment as

Delivered?

Your mover must multiply the percentage corresponding to the delivered shipment times

the total charges applicable to the shipment tendered by you to obtain the total charges

it must collect from you.

If your mover’s computed charges exceed the charges otherwise applicable to the

shipment as delivered, the lesser of those charges must apply. This will apply only to

the transportation of your household goods.

Your mover must require you to pay any specific valuation charge due.

Your mover may not refund the freight charges if the loss or destruction was due to an

act or omission by you. For example, you fail to disclose to your mover that your

shipment contains perishable live plants. Your mover may disregard its loss or

destruction of your plants, because you failed to inform your mover you were

transporting live plants.

Your mover must determine, at its own expense, the proportion of the shipment, based

on actual or constructive weight, not lost or destroyed in transit.

Your rights are in addition to, and not in lieu of, any other rights you may have with

respect to your shipment of household goods your mover lost or destroyed, or partially

lost or destroyed, in transit. This applies whether or not you have exercised your rights

provided above.

Subpart H—Collection of Charges

Does This Subpart Apply to Most Shipments?

It applies to all shipments of household goods that involve a balance due freight or

expense bill or are shipped on credit.

How Must My Mover Present Its Freight or Expense Bill to Me?

At the time of payment of transportation charges, your mover must give you a freight bill

identifying the service provided and the charge for each service. It is customary for most

movers to use a copy of the bill of lading as a freight bill; however, some movers use an

entirely separate document for this purpose.

Except in those instances where a shipment is moving on a binding estimate, the freight

bill must specifically identify each service performed, the rate or charge per service

performed, and the total charges for each service. If this information is not on the

freight bill, do not accept or pay the freight bill.

Movers’ tariffs customarily specify that freight charges must be paid in cash, by certified

check, or by cashier’s check. When this requirement exists, the mover will not accept

personal checks. At the time you order your move, you should ask your mover about the

form of payment your mover requires.

Some movers permit payment of freight charges by use of a charge or credit card.

However, do not assume your nationally recognized charge, credit, or debit card will be

acceptable for payment. Ask your mover at the time you request an estimate. Your

mover must specify the form of payment it will accept at delivery.

If you do not pay the transportation charges at the time of delivery, your mover has the

right, under the bill of lading, to refuse to deliver your goods. The mover may place them

in storage, at your expense, until the charges are paid. However, the mover must

deliver your goods upon payment of 100 percent of a binding estimate.

If, before payment of the transportation charges, you discover an error in the charges,

you should attempt to correct the error with the driver, the mover’s local agent, or by

contacting the mover’s main office. If an error is discovered after payment, you should

write the mover (the address will be on the freight bill) explaining the error, and request

a refund.

Movers customarily check all shipment files and freight bills after a move has been

completed to make sure the charges were accurate. If an overcharge is found, you

should be notified and a refund made. If an undercharge occurred, you may be billed for

the additional charges due.

On ‘‘to be prepaid’’ shipments, your mover must present its freight bill for all

transportation charges within 15 days of the date your mover received the shipment.

This period excludes Saturdays, Sundays, and Federal holidays.

On ‘‘collect’’ shipments, your mover must present its freight bill for all transportation

charges on the date of delivery, or, at its discretion, within 15 days, calculated from the

date the shipment was delivered at your destination. This period excludes Saturdays,

Sundays, and Federal holidays. (Bills for charges exceeding 110 percent of a nonbinding

estimate, and for additional services requested or found necessary after the

shipment is in transit, will be presented no sooner than 30 days from the date of

delivery.)

Your mover’s freight bills and accompanying written notices must state the following five

items:

(1) Penalties for late payment.

(2) Credit time limits.

(3) Service or finance charges.

(4) Collection expense charges.

(5) Discount terms.

If your mover extends credit to you, freight bills or a separate written notice

accompanying a freight bill or a group of freight bills presented at one time must state,

‘‘You may be subject to tariff penalties for failure to timely pay freight charges,’’ or a

similar statement. Your mover must state on its freight bills or other notices when it

expects payment, and any applicable service charges, collection expense charges, and

discount terms.

When your mover lacks sufficient information to compute its tariff charges at the time of

billing, your mover must present its freight bill for payment within 15 days following the

day when sufficient information becomes available. This period excludes Saturdays,

Sundays, and Federal holidays.

Your mover must not extend additional credit to you if you fail to furnish sufficient

information to your mover. Your mover must have sufficient information to render a

freight bill within a reasonable time after shipment.

When your mover presents freight bills by mail, it must deem the time of mailing to be

the time of presentation of the bills. The term ‘‘freight bills,’’ as used in this paragraph,

includes both paper documents and billing by use of electronic media such as computer

tapes, disks, or the Internet (e-mail).

When you mail acceptable checks or drafts in payment of freight charges, your mover

must deem the act of mailing the payment within the credit period to be the proper

collection of the tariff charges within the credit period for the purposes of Federal law. In

case of a dispute as to the date of mailing, your mover must accept the postmark as the

date of mailing.

If I Forced My Mover To Relinquish a Collect-on-Delivery Shipment Before the

Payment of ALL Charges, How Must My Mover Collect the Balance?

On ‘‘collect-on-delivery’’ shipments, your mover must present its freight bill for

transportation charges within 15 days, calculated from the date the shipment was

delivered at your destination. This period excludes Saturdays, Sundays, and Federal

holidays. (Bills for charges exceeding 110 percent of a non-binding estimate, and

charges 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.)

What Actions May My Mover Take To Collect From Me the Charges Upon Its

Freight Bill?

Your mover must present a freight bill within 15 days (excluding Saturdays, Sundays,

and Federal holidays) of the date of delivery of a shipment at your destination. (Bills for

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.)

The credit period must be 7 days (excluding Saturdays, Sundays, and Federal

holidays). Your mover must provide in its tariffs the following three things:

(1) A provision automatically extending the credit period to a total of 30 calendar

days for you if you have not paid its freight bill within the 7-day period.

(2) A provision indicating you will be assessed a service charge by your mover

equal to one percent of the amount of the freight bill, subject to a $20 minimum

charge, for the extension of the credit period. The mover will assess the service

charge for each 30-day extension that the charges go unpaid.

(3) A provision that your mover must deny credit to you if you fail to pay a duly

presented freight bill within the 30-day period. Your mover may grant credit to

you, at its discretion, when you satisfy your mover’s condition that you will pay all

future freight bills duly presented. Your mover must ensure all your payments of

freight b ills are strictly in accordance with Federal rules and regulations for the

settlement of its rates and charges.

Do I Have a Right To File a Claim To Recover Money for Property My Mover Lost

or Damaged?

Should your move result in the loss of or damage to any of your property, you have the

right to file a claim with your mover to recover money for such loss or damage.

You should file a claim as soon as possible. If you fail to file a claim within 9 months,

your mover may not be required to accept your claim. If you institute a court action and

win, you may be entitled to attorney’s fees, but only in either of two circumstances. You

may be entitled to attorney’s fees if you submitted your claim to the carrier within 120

days after delivery, and a decision was not rendered through arbitration within the time

required by law. You also may be entitled to attorney’s fees if you submitted your claim

to the carrier within 120 days after delivery, the court enforced an arbitration decision in

your favor, and the time for the carrier to comply with the decision has passed.

While the Federal Government maintains regulations governing the processing of loss

and damage claims (49 CFR part 370), it cannot resolve those claims. If you cannot

settle a claim with the mover, you may file a civil action to recover your claim in court

under 49 U.S.C. 14704. You may obtain the name and address of the mover’s agent for

service of legal process in your state by contacting the Federal Motor Carrier Safety

Administration. You may also obtain the name of a process agent via the Internet. Go to

http.//www.fmcsa.dot.gov then click on Licensing and Insurance (L&I) section.

In addition, your mover must participate in an arbitration program. As described earlier

in this pamphlet, an arbitration program gives you the opportunity to settle certain types

of unresolved loss or damage claims through a neutral arbitrator. You may find

submitting your claim to arbitration under such a program to be a less expensive and

more convenient way to seek recovery of your claim. Your mover is required to provide

you with information about its arbitration program before you move. If your mover fails to

do so, ask the mover for details of its program.

Subpart I—Resolving Disputes With My Mover

What May I Do To Resolve Disputes With My Mover?

The Federal Motor Carrier Safety Administration does not help you settle your

dispute with your mover.

Generally, you must resolve your own loss and damage disputes with your mover. You

enter a contractual arrangement with your mover. You are bound by each of the

following three things:

(1) The terms and conditions you negotiated before your move.

(2) The terms and conditions you accepted when you signed the bill of lading.

(3) The terms and conditions you accepted when you signed for delivery of your

goods.

You have the right to take your mover to court. We require your mover to offer you

arbitration to settle your disputes with it.

If your mover holds your goods ‘‘hostage’’ - refuses delivery unless you pay an amount

you believe the mover is not entitled to charge - the Federal Motor Carrier Safety

Administration does not have the resources to seek a court injunction on your behalf.

make the right choice

moving you with confidence
you howl, we haul