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Consumer Information
for Interstate Shipments
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| Movers
who transport household goods within Connecticut are licensed and
regulated by the Department of
Transportation. Interstate moving
companies that move goods between states are licensed and
regulated by the Federal Highway Administrations Office of
Motor Carriers. The licensing requirements
and regulations implemented by these agencies provide numerous
protections for consumers. The following is information and terms
you should know prior to moving. |
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Tariff
Inspection |
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Estimates |
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Binding
Estimates of Total Cost |
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Non-Binding
Estimates of Approximate Cost |
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Special
Services |
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Space
Reservations |
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Expedited
Service |
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Exclusive
Use of a Vehicle |
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Guaranteed
Pickup and Delivery |
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Order for
Service |
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Bill of Lading |
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Inventory |
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Minimum Weight
or Volume Charges |
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Determination
of Weight |
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Re-Weighing
of Shipments |
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Reasonable
Dispatch |
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Carrier
Liability for Loss and Damage |
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Released Value |
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Full
Value Protection |
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Complaints and
Inquiries Concerning Moving Services |
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Payment |
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Filing
a Claim for Loss or Damage |
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Tariff
Inspection
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| Federal law requires that
movers advise their customers that they may inspect the tariffs
that govern your shipment. The movers tariffs, are made a part of
the contract of carriage (bill of lading) between you and the
mover and may be inspected at the movers facility, or, on request,
the mover will furnish you a copy of any tariff provision
containing the mover's rates, rules or charges governing your
shipment, the terms of which cannot be varied.
The tariff provisions include but are not limited to
: (1) establishing limitation of carrier's liability; (2) setting the time
periods for filing claims; and, (3) reserving
the carrier's right to assess additional charges for additional
services performed and, on non-binding estimates, to base the charges
upon the exact weight of the goods transported.
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| Estimates |
| Always
get a written estimate from the mover prior to the move. There are two
types of estimates, binding and non-binding described below. |
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| Binding
Estimates of Total Cost |
| The mover may charge you for
providing a binding estimate which must clearly describe the
shipment and all services provided. When you receive a binding
estimate, you cannot be required to pay any more than that amount.
However, if you have requested the mover to provide more services
than those included in the estimate, such as destination charges
(i.e., long carry charges, shuttle charges, extra stair carry
charges, or elevator charges) often not known at origin, the mover
may demand full payment for those added services at time of
delivery. To be effective, a binding estimate must be in writing and
a copy must be made available to you before your move.
If you agree to a binding estimate,
you are responsible for paying the charges due by cash, certified
check, or bank check (one drawn by a bank on
itself and signed by an officer of the bank) at time of delivery
unless you've many an agreement with the mover before the move to extend credit or to
accept payment by charge card. 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 the charges are paid.
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| Non-Binding
Estimates of Approximate Cost |
| The mover is not permitted to
charge for giving a non-binding estimate. A non-binding estimate is
not a bid or contract. It is provided by the mover to give you a
general idea of the cost of the move, but it does not bind the mover
to the estimated cost. Furthermore, it is not a guarantee that the
final cost will not be more than the estimate. The actual cost will
be in accordance with the mover's published tariffs. All movers are
legally obligated to collect no more and no less than the charges
shown in their tariffs regardless of the cost shown on the
non-binding estimate. The charges contained in the tariffs are
essentially the same for the same weight shipment moving the same
distance. Therefore, a non-binding estimate may have
no effect on the amount you will have to pay.
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 relating to your shipment.
If you are given a non-binding estimate, do not sign or accept
the order for service or bill of lading unless the amount estimated
is entered on each form when prepared by the mover. If you are given
a non-binding estimate, the mover cannot require you to pay more
than the amount of the original estimate, plus 10 percent, at time
of delivery. You are still obligated to pay the remaining balance
within 30 days. *It is important to note that if a
consumer requests services beyond those included in an estimate, the
mover may demand full payment for those added services at time of
delivery.
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| Special
Services |
| It is customary for movers to
offer price and service options. The total cost of your move may be
increased if you want additional or special services. Before you
agree to have your shipment moved under a bill of lading providing
special service, you should have a clear understanding with the
mover what the additional cost will be. |
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| Space
Reservations |
| If you agree to
have your shipment transported under a space reservation agreement,
you are required to pay for a minimum number of cubic feet of space
in the moving van regardless of how much space in the van is
actually occupied by your shipment. |
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| Expedited
Service |
| For
an additional cost, a second service option is
expedited service to aid shippers who must have their shipments
transported on or between specific dates which the mover could not
ordinarily agree to do in its normal operations. |
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| Exclusive
Use of a Vehicle |
| Another service
option is the 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. Most movers will provide such service at an
additional cost. |
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| Guaranteed
Pickup and Delivery |
| Still another service option
is to have guaranteed service between certain dates established by
you and your mover. You enter into an agreement with the mover
that provides for your shipment to be picked up, transported to
destination and delivered on specific guaranteed dates. If the mover
fails to provide the service as agreed, you are entitled to be
compensated at a predetermined amount or a daily rate (per diem)
regardless of the expense you actually might have incurred as a
result of the mover's failure to perform. |
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| Transportation
of Goods on Multiple Vehicles
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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 the mover has underestimated the
cubic feet of space required for your shipment, with the consequence
that it will not all fit on the first truck. The remainder or
"leave over" will be picked up by a second truck at a
later time and may arrive at the destination at a later time than
the first truck. When this occurs, your transportation charges will
be determined as if the entire shipment moved on one truck.
If it is important for you to avoid the inconvenience of a
"leave over," be sure that your estimate includes an
accurate calculation of the cubic feet required for your shipment.
You can do this by reviewing your estimators "Table of Measurements" form
to be sure all the items to be moved are included on the form. It is
a good idea to
"prioritize" your goods in advance of the move so that the
more essential items will be loaded on the truck first.
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| Order
for Service
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| Moving companies are required to prepare an order for
service on every shipment transported for an individual customer.
You are entitled to a copy of the order for service when it is
prepared. The order for service is not a contract. Should your move
be canceled or delayed or if you decide not to use the mover, you
should promptly cancel the order.
Should there be any change in the dates on which you and the
mover agreed that your shipment will be picked up and delivered, or
any change in the non-binding estimate, the mover may prepare a
written change to the order for service. The written change should
be attached to the order for service. Both the consumer and the
mover must sign the order for service.
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| Bill
of Lading |
The bill of lading is the contract between you and
the mover and should be carefully scrutinized by you before
signing it. The mover is required by law to prepare a bill of lading
for every shipment it transports.
The information on the bill of lading is required to be the same
information shown on the order for service. The driver who loads
your shipment must give you a copy of the bill of lading before
loading your furniture.
You should retain the bill of lading well beyond delivery and
until such time as you are able to inventory all of the goods
moved. Keep it available until your shipment is delivered, all
charges are paid and all claims, if any, are settled.
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| Inventory |
| At the time the mover's driver loads your shipment,
he or she, inventories your
shipment listing any damage or unusual wear. The purpose is to make
a record of the condition of each item. If the driver does not make
an inventory, you should make one yourself.
After completing the inventory, the driver will usually sign each
page and ask you to sign each page. It is important before signing
that you make sure that the inventory lists every item in your
shipment and that the entries regarding the condition of each item
are correct. You have the right to note any disagreement. When your
shipment is delivered, if an item is missing or damaged, your
ability to recover from the mover for any loss or damage may depend
on the notations made.
At the time your shipment is delivered, it is your responsibility
to check the items delivered against the items listed on your
inventory. If new damage is discovered, make a record of it on the
inventory form. Call the damage to the attention of the driver and
request that a record of the damage be made on the driver's copy of
the inventory. After the complete shipment is unloaded, the driver
will request that you sign the driver's copy of the inventory to
show that you received the items listed. Do not sign until you have
assured yourself that it is accurate and that proper notations have
been entered regarding any missing or damaged items. When you sign
the inventory, you are giving the driver a receipt for your goods.
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| Minimum
Weight or Volume Charges |
| Movers usually have a minimum weight or volume charge
for transporting a shipment. Usually the minimum is the charge for
transporting a shipment of at least 1,000 pounds. |
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| Determination
of Weight |
If charges are to be based upon the weight of the shipment
(non-binding), the mover is required to weigh the shipment.
Unless your shipment weighs less than 1,000 pounds and can be weighed on a warehouse platform scale, the mover is
required to determine the weight of your shipment by weighing the
empty truck (tare weight) prior to loading and weighing the truck
again after the truck is loaded (gross weight). The net
weight of your shipment is then obtained by subtracting the tare
weight from the gross weight. Each time a weighing is performed the driver is required to
obtain a weight ticket showing the date and place of weighing and
the weight obtained. The ticket must also have your name and
shipment number entered on it, along with the identification (I.D.)
numbers of the truck. The ticket must be signed by the person who
performed the weighing. You have the
right to observe every weighing. The mover is required to inform you
of the specific location of each scale that will be used and to
allow you a reasonable opportunity to be present. |
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| Re-Weighing
of Shipments
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| If you believe that the weight is not
accurate, you have the right to request that the shipment be
re-weighed before unloading.
If the
weight of your shipment at the time of the reweigh is different, the mover must re-compute the
charges based on the reweigh weight. As a general rule, the
average shipment of household goods will weigh about 40 pounds per item. If a shipment contains a large number of heavy
items, such as cartons of books, boxes of tools or heavier than
average furniture, the average weight per item may be 45 pounds or more.
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| Reasonable
Dispatch
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| You and your mover must reach agreement as to when
your shipment is to be picked up and delivered.
It is your responsibility to determine on what date, or between what
dates, you need to have the shipment picked up and on what date or
between what dates, you require delivery. It is the mover's
responsibility to tell you if the service can be provided on or
between those dates or, if not, on what other dates the service can
be provided.
Once dates are agreed upon, the mover is required to enter
those dates on the order for service and the bill of lading. Once
your goods are loaded, the mover is contractually bound to provide
the service described in the bill of lading. The only defense for
not providing the service on the dates called for is the
"defense of force majeure." This is a legal term which
means that if circumstances which could not have been foreseen and
which are beyond the control of the mover prevent the performance of
the service as agreed to in the bill of lading, the mover is not
responsible for damages resulting from the nonperformance. It is your responsibility to be
available to accept delivery on the dates specified or alternate
dates if applicable. If you are not
available and willing to accept delivery, the mover has the right to
place your shipment in storage at your expense or hold the shipment
on its truck and assess additional charges.
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| Notification
of Charges
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You must advise the mover at the time you make the
arrangements for the move if you wish to be notified of the weight
and charges. You are
required to give the mover a telephone number or address at which
the notification will be received. The mover must notify you of the
charges at least one 24-hour weekday prior to the delivery, unless
the shipment is to be delivered the day after pickup.
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| Carrier
Liability for Loss and Damage
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All moving companies are required to assume liability
for the value of the goods which they transport. There are different levels of liability, and consumers
should be aware of the amount of protection provided and the charges
for each option. Basically, most movers offer different levels
of liability under the terms of their tariffs and pursuant to the
Surface Transportation Board's Released Rates Orders which govern
the moving industry. |
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| Released
Value |
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This no additional-cost option provides very minimal
protection. Under this option, the mover assumes liability for no
more than 60 cents per pound, per article. Loss
or damage claims are settled based on the pound weight of the
article multiplied by 60 cents. For example, if a 10-pound stereo component,
valued at $500 were lost or destroyed, the mover would be liable
for no more than $6.00. There is no extra charge for this minimal
protection, but you must sign a specific statement on the bill of
lading agreeing to it.
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| Full
Value Protection
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Many movers offer "full value protection"
or "full replacement value." If you elect to purchase full
value protection, articles that are lost, damaged or destroyed will
be either repaired, replaced with like items, or a cash settlement
will be made for the current market replacement value regardless of
the age of the lost or damaged item. Depreciation of the lost or damaged item is not a factor in
determining replacement value when the shipment is moved under full
value protection.
The cost for full value protection is approximately
$9.00 per
$1,000 of declared value; however, the minimum value declared must
be equal to the weight of the shipment multiplied by $6.00 per pound, which is further subject to a minimum
declaration of $25,000.
For example, if your shipment weighs 5,000 pounds, the minimum declared value must be at least
$30,000. The
exact cost for full value protection may vary by mover and may be
further subject to various deductible levels of liability which may
reduce your cost. Ask your mover for the details of its specific
plan.
Important: 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. Ask your mover for a
complete explanation of this limitation before you move. It is your
responsibility to study this provision carefully and to make any necessary
declarations.
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| Complaints
and Inquiries Concerning Moving Services
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All movers are expected to respond promptly to
complaints or inquiries from their customers. Should you have a
complaint or question about your move, you should first attempt to
obtain a satisfactory response from the mover's local agent, the
sales representative who handled the arrangements for your move, or
the driver assigned to your shipment. 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 making
such a call, have copies of all documents relating to the move
available. Particularly important is the number assigned to your
shipment by the mover. Interstate
movers are also required to offer neutral arbitration as a means of
resolving consumer disputes involving loss or damage on collect on
delivery (COD) shipments. Your mover is required to provide you with
information regarding its arbitration program.
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| Payment
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At the time for payment of transportation charges,
the mover is required to give you a freight bill identifying the
service provided and the charge for each service. It is customary
for most movers to use a copy of the bill of lading as a freight
bill.
Except in those instances where a shipment is moving on a binding
estimate, the freight bill must specifically identify each service
performed, the rate per unit for each service, and the total charges
for each service. If your shipment was transported on a collect on
delivery (COD) basis, you will be expected to pay the total charges
appearing on the freight bill at the time of delivery unless the
mover provided a non-binding estimate of approximate cost and the
total charges for the services included in the estimate exceed 110
percent of the estimated charges.
It is customary for movers to provide in their tariffs that
freight charges must be paid in cash, by certified check, or bank check (one drawn by a bank on itself and signed by an
officer of the bank). When this requirement exists, the mover will
not accept personal checks. At the time you make arrangements for
your move, you should ask the mover about the form of payment that
is acceptable. Some movers permit payment of charges by use
of a charge card. Ask the mover at the time the moving arrangements
are made if they will accept payment by credit card.
If you do not pay the transportation charges at the time of
delivery the mover has the right under the bill of lading to refuse
to deliver your goods. The mover may place them in storage at your
expense until the charges are paid.
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| Filing
a Claim for Loss or Damage
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Should your move result in loss or damage to any of
your property, you have the right to file a claim with the mover to
recover money for such loss or damage.
For interstate shipments, you have nine months following either
the date of delivery, or the date on which the shipment should have
been delivered, to file a claim. However, you should file a claim as
soon as possible. If you fail to file a claim within 120 days
following delivery and later bring a legal action against the mover
to recover the damages, you may not be able to recover your attorney
fees even though you win the court action. While the Federal
Government maintains regulations governing the processing of loss
and damage claims, it cannot resolve those claims. If you cannot
settle a claim with the mover, you may file a civil action to
recover in court. In this connection, you may obtain the name and
address of the mover's agent for service of legal process in your
State by contacting the FHWA.
If an intra-state consumer claims loss or damage to goods, or
overcharges, the carrier must be notified in writing within the time
specified in the carriers tariff.
In addition, interstate movers are required to participate in a
Dispute Resolution Program which provides that certain types of
unresolved loss or damage claims must be submitted to a neutral
arbitrator for resolution. 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. Movers are required
to advise all COD shippers of the existence and details of the
arbitration program before they accept a shipment to be transported.
If the mover does not provide you with information about a dispute
resolution program before you move, ask the mover for the details of
the program.
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