«The household goods carrier (mover) gave you this pamphlet to provide information about your rights and responsibilities as an individual shipper of ...»
Your Rights and Responsibilities When You Move
Furnished By United Van Lines, LLC,
As Required By Federal Law
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 pamphlet 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.
Notice to Your Mover:
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? 1 What Are The Most Important Points I Should Remember From This Pamphlet? 4 What If I Have More Questions? 5 Subpart A — General Requirements Who must follow the regulations? 5 What definitions are used in this pamphlet? 5 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? 9 What actions by me limit or reduce my mover's normal liability? 10 What are dangerous or hazardous materials that may limit or reduce my mover's normal liability?
May my mover have agents? 11 What items must be in my mover's advertisements? 11 Ho
Subpart G — Delivery Of My Shipment May my mover ask me to sign a delivery receipt releasing it from liability? 32 What is the maximum collect-on-delivery amount my mover may demand I pay at the time of delivery? 32 If my shipment is transported on more than one vehicle, what charges may my mover collect at delivery? 32 If my shipment is partially or totally lost or destroyed, what charges may my mover collect at delivery? 33 How must my mover calculate the charges applicable to the shipment as delivered? 33
IMPORTANT! See additional information contained in the Appendices below. Carrier is required to furnish this information to you prior to executing an Order for Service on your shipment of household goods.
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 must not represent itself as a mover. The broker is responsible only for arranging the transportation. It does not own the trucks used to transport the shipment and 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 with an estimate for the move, unless the broker has a written agreement with the household goods carrier.
If a household goods broker provides you with an estimate without a written agreement with the carrier, the estimate may not be binding and you may instead be required to pay the actual charges assessed by the mover. 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 for additional information from your mover's representative who handled the arrangements for your move, the driver who transports your shipment, or the mover's main office.
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 (household goods motor carriers or 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 demand that you pay on time. The regulations apply only to a mover that both transports your household goods by motor vehicle in interstate commerce—that is, when you are moving from one State to another—and provides certain types of additional services. 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 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 be performed (or that are necessary because of landlord requirements or other special circumstances). Charges for these services may be in addition to the linehaul 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 linehaul charges.
Bill of Lading — The receipt for your goods and the contract for their transportation.
Carrier — The mover transporting your household goods.
Collect 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 semi-trailers 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 a written agreement made in advance with your mover. It guarantees the total cost of the move based upon the quantities and services shown on the estimate.
Estimate, Non-Binding — This is what your mover believes the cost will be, based upon the estimated weight of the shipment and the accessorial services requested. A non-binding estimate is not binding on the mover. The final charges will be based upon the actual weight of your shipment, the services provided, and the tariff provisions in effect.
Expedited Service — This is an agreement with the mover to perform transportation by a set date in exchange for charges based upon a higher minimum weight.
Flight Charge — A charge for carrying items up or down flights of stairs. Charges for these services may be in addition to the linehaul 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.
Household Goods Motor Carrier — This means a motor carrier that, in the ordinary course of its business of providing transportation of household goods, offers some or all of the following additional services: (1) Binding and non-binding estimates, (2) Inventory, (3) Protective packing and unpacking of individual items at personal residences, and (4) Loading and unloading at personal residences. The term does not include a motor carrier when the motor carrier provides transportation of household goods in containers or trailers that are entirely loaded and unloaded by an individual other than an employee or agent of the motor carrier.
Individual Shipper — Any person who —
1. Is the shipper, consignor, or consignee of a household goods shipment;
2. Is identified as the shipper, consignor, or consignee on the face of the Bill of Lading;
3. Owns the goods being transported; and
4. Pays his or her own tariff transportation charges.
Impracticable Operations — Generally refer to services required when operating conditions make it physically impossible for the motor carrier to perform pickup or delivery with its normally assigned road-haul equipment, so that the carrier must use smaller equipment and/or additional labor to complete pickup or delivery of the shipment. A mover may require payment of additional charges for impracticable operations even if you do not request these services. The specific services considered to be impracticable operations by your mover are defined in your mover's tariff.
Inventory — The detailed descriptive list of your household goods showing the number and condition of each item.
Linehaul 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 linehaul charges.
May — An option. You or your mover may do something, but it is not a requirement.
Mover — A household goods motor carrier 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 linehaul charges applicable during the summer months.
Pickup and Delivery Charges — Separate transportation charges applicable to transporting your shipment between the storage-in-transit warehouse and your residence.