Summary
of Information
For Shippers of Household Goods
Prepared
By:
New York State Department of Transportation
TABLE OF CONTENTS
Dear Fellow New Yorker,
As someone about to move, the information in this booklet is important to
you. You should read it thoroughly so you will know what you may expect from
the mover and what he expects of you. It is designed to furnish you with the
necessary information, which will keep you from making mistakes, which could
well result in loss of your time and money. The Department of Transportation
regulates the practices of carriers of household goods within New York State
and requires that this booklet be given to you.
The following are major sources of misunderstanding and difficulty when
moving.
1. Obtaining an Authorized Mover
Every mover authorized by the Department must, in its advertising or
soliciting, give its name, certificate number and its address. Be wary of any
mover who provides only a telephone number.
2. Cost of Service
The cost of your move is determined by the rates in the mover's tariff, which
is on file with the Department. Some movers may give you a written statement
of probable cost (estimate), after looking over your household effects. If
the final cost exceeds the amount in this statement substantially, the mover
must, at your request, give you 15 days to pay a portion of the excess, as
provided in our regulations.
3. Pickup and Delivery Dates
If the mover cannot make the pickup or delivery at the time and date you have
agreed, the mover must notify you and the Department immediately.
4. Liability of the Mover
Movers are not liable for the full value of lost or damaged goods unless
special arrangements are made. Have the mover explain what the liability is,
and how you may get additional protection.
5. Claims
You must have proof of your claim. The best proof will be written notations
made at the time of delivery on the shipping papers.
To avoid these and other problems, and to help insure a smooth move, you
should carefully read this booklet, which covers for your benefit and
protection many subjects and questions relating to your shipment of household
goods.
If you have questions or problems, the Department of Transportation staff is
available to assist you. Just call the numbers listed in the back of this
booklet for assistance.
I wish you a safe and successful move.
Sincerely,
John C. Egan
Commissioner of Transportation
DO'S AND DON'TS OF MOVING
Most
movers and their agents are reputable businessmen who will not promise more
than they can lawfully do. However, it is well for YOU to keep in mind the
following "DO'S" and "DON'TS":
DO...
·
Read this information booklet entirely.
·
Select your household goods mover with care. Make
sure he is properly authorized by the Commissioner of Transportation.
·
Be sure that agreements between you and the mover
are in writing and on the order for service and the bill of lading.
·
Examine and make sure that the physical inventory
record of your household goods is accurate as to the number of items,
condition of furniture, etc.
·
Make sure you understand the limited liability of
the household goods mover. Ask the mover to explain his or her liability and
how you can get additional protection.
·
Schedule your departure and arrival with enough
flexibility to allow for possible failure on the part of the mover to meet
exactly the scheduled time.
·
Advise the mover of telephone numbers and/or
addresses where you can be reached en route, or at destination, or both.
·
Be certain that everything listed on the inventory
is accounted for before the van operator leaves either origin or destination.
·
File a claim if you determine that your shipment
has sustained loss or damage.
DON'T...
·
Fail to read this information booklet.
·
Believe that any estimate or statement of
probable cost given by a mover, except a written binding estimate, will be
the actual cost of your move.
·
Expect the mover to provide boxes, cartons,
barrels, or other packing materials free of charge.
·
Expect the mover to provide, free of charge,
cleanup service, disconnection and reinstallation of appliances, fixtures,
etc.
·
Plan to leave your old residence until the moving
company leaves, unless you have a friend or neighbor acting on your behalf.
·
Fail to make arrangements to have in cash, or
certified check, the maximum amount shown on the order for service unless
credit has been arranged for in advance. This amount may exceed the written
statement (estimate) by 25 percent on hourly-rated moves and by 10 percent on
weight-rated and written binding estimate moves.
·
Sign any receipt for your household goods until
you are certain that they are all delivered and that there has been no
apparent damage that has not been noted on the shipping papers.
Back to Top
REGULATED TRANSPORTATION
As the result of a law enacted
in 1992, all household goods movements within New York State are regulated by
the Department of Transportation.
Transportation can be performed legally only by movers authorized by the
Department. Every such mover is required in its advertising or soliciting to
give you information about its authority and also its address. These movers
are required to obey the law and the rules and regulations of the Department.
One such rule requires them to file with the Department and have available
for your inspection a tariff setting forth rates and charges.
Back
to Top
HOW
MUCH SHOULD IT COST YOU TO MOVE?
The cost of your
transportation is generally determined in three ways:
(1) For short moves, generally 40 miles or less, the charge
is based upon the time it takes to do the job. The mover will quote an hourly
rate for a van and a number of workers, usually three. These moves are
referred to as hourly-rated moves.
(2) On longer moves, the charge is based upon the weight of
your goods and the distance they will travel. The mover will quote a rate per
100 pounds. These moves are referred to as weight-rated moves.
If you require additional services such as packing, rigging, storage, etc.,
there will be additional charges.
(3) For moves of any distance the mover may, if it has a
provision in its tariff, offer a written binding estimate. This is a written
contract covering all of the transportation charges and services agreed to by
you and the mover.
It is important to remember that, with the exception of written binding
estimates, the exact cost of your move cannot be determined until the job is
completed on an hourly-rated move or until your goods are loaded in the van
and weighed for a weight-rated move.
Some movers will send an experienced estimator to look over your household
effects and give you a written statement of the probable cost of the move
(estimate). It is your responsibility to show the estimator everything you
intend to move and what special services you may need.
The Statement will give you an approximation of your moving cost so that you
can plan your financial arrangements in advance of your moving date. If you
have not made arrangements with the mover for credit, he will insist on
payment of the actual charge in cash, or by certified check, money order,
travelers check or cashier's check. If the actual charges exceed the
statement of probable cost, you may defer payment of part of the excess as
follows:
Hourly-Rated
Moves
If the total charges exceed
the written statement (estimate) by more than 25 percent, the mover is
required, at your request, to deliver your goods upon payment of the probable
cost plus 25 percent.
Weight-Rated
Moves
If the total charges exceed
the probable cost (estimate) by more than 10 percent, the mover is required,
at your request, to deliver your goods upon payment of the probable cost plus
10 percent.
Written
Binding Estimate Moves
If a dispute arises over
variances between the actual quantity of goods moved or services performed and
the written binding estimate, the mover is required, at your request, to
deliver your goods upon payment of the amount of the written binding estimate
plus 10 percent.
In any case, you must pay the balance in 15 days (excluding Saturdays,
Sundays and holidays).
NOTE: It is illegal for a mover to offer you a discount off its tariff rates.
Back
to Top
ORDER
FOR SERVICE - WHAT IS IT?
The mover will prepare an
order for service which you and the mover must sign before the shipment is
picked up. This document must contain the following information:
(1) Shipper's name, address, and telephone number.
(2) Consignee's name, address, and telephone number.
(3) Name, address, and telephone number of the carrier's
delivery agent or, if the shipment is to be interlined, the name, address,
and telephone number of the delivery carrier.
(4) Agreed pickup time and date and agreed delivery time and
date or in lieu of specific dates, the period of time within which pickup,
delivery, or the entire move, will be accomplished.
(5) Complete description of special services ordered.
(6) Any identification or registration number assigned the
shipment by the carrier.
(7) Amount of probable cost and method of payment of total
tariff charges.
(8) Maximum amount required to be paid in cash, certified
check, or money order to relinquish possession of a C.O.D. shipment.
(9) Whether shipper requests notification of charges and the
address at which such communication will be received.
Back
to Top
WHO
PREPARES YOUR ARTICLE FOR SHIPMENT?
The care with which your goods
are packed may determine the condition in which they arrive at your new home.
Should you decide to do all of your own packing or part of your packing, you
should do so with care. You should use good strong containers, which may be
obtained from an outside source or rented or purchased from the mover. In
doing your own packing, you will save money. Should you desire the mover to
do the packing, the mover will supply the containers and perform the packing,
the unpacking, or both. There is, however, a charge for the containers and
for each container packed or unpacked by the mover.
Certain moving preparations are your responsibility and should be made before
the movers arrive, even if they are to do both the packing and unpacking.
Major appliances such as refrigerators and washing machines require
disconnecting and special services to protect them during shipment. Other
items, which are attached to walls or floors such as draperies, pictures, or
tacked-down carpets, should be removed and ready for shipment. Some moving
companies may provide these services for you at your request and at your
expense. Do not pack money, jewelry, or important papers. Valuable personal
items of this kind should never be packed with the shipment.
Back
to Top
WHEN
WILL YOUR SHIPMENT BE PICKED UP?
Movers are required to
transport shipments with reasonable dispatch. The term reasonable dispatch
means the performance of transportation at the time and date or during the
period of time agreed upon by the carrier and shown on the carrier's order
for service and recorded on the bill of lading. If the mover promises you a
pickup on a particular time or date or within a given period of days, it is
required by the Department's regulations to exercise reasonable diligence in
attempting to provide such pickup on that date or within the promised period.
This date and time or period of time must be shown on the order for service
which the mover is required to prepare prior to receipt of your shipment and
which must be signed by you and by the mover. A copy of this order shall be
given to you. You should make sure that the pickup date and time shown on the
order for service is agreeable to you. If the mover is unable to make pickup
on the date and time during the period specified, the mover must promptly
notify you and the Department, by telephone, telegraph, or in person, at the
mover's expense, of the delay and when the pickup will be made.
Back
to Top
CONDITION
OF YOUR HOUSEHOLD GOODS
When the mover arrives to pick
up your goods, the driver will make notations on an inventory or a bill of
lading about any damage to the furniture. You should make sure that a proper
description of the condition of your furniture is entered on the record.
Before signing such record, note on it any exceptions you may have as to the
condition description. For example, the driver may note that "chest is
scratched." You may add for example, "on left side only" if
that is the case.
Back
to Top
BILL
OF LADING DOCUMENT - WHAT IS IT?
The mover will issue to you a
bill of lading at time of pickup. This is an important document to you. It
serves as a receipt for your goods and it represents the contract between you
and the mover. There are three types of bills of lading, one for hourly-rated
moves, one for weight-rated moves and one for moves performed under a written
binding estimate.
(1) Hourly-Rated Moves
The driver will ask you to initial a starting and a finishing time. These
will usually be the time the movers arrive at your old address and start to
load and the time they finish the job and leave your new address. There will
be included an additional charge for travel time to cover the time spent in
traveling from the mover's terminal to your old address and back to the
terminal from you new address. For some movers, the starting time shown is
the time the crew left the terminal to go to your old address and the
finishing time to return to the terminal after finishing the job. In that
case, there should be no charge for travel time.
(2) Weight-Rated Moves
The driver should present you with a weight ticket showing the tare weight
(the weight of the empty vehicle) at the start of loading. At destination,
the driver should present you with another ticket showing the gross weight
(weight of the loaded vehicle). Your charges will be based upon the difference
in these weights.
(3) Written Binding Estimate Moves
The bill of lading is combined with the order for service and will include
all services to be performed and covered by the binding estimate and will be
accompanied by a detailed inventory sheet.
The bill of lading also sets forth the liability of the mover for loss and
damage. This is explained more fully in the next section. The bill of lading
also includes a delivery receipt. Please refer to the section on claim
filing.
Back
to Top
WHAT
IS THE MOVER'S LIABILITY FOR LOSS OR DAMAGE?
It is important that you fully
understand how much the mover is responsible for in the event your goods are
lost or damaged. This is governed by the valuation statement on the bill of
lading. In most cases, in the event of loss or damage, you will not be
entitled to a payment that comes near the value of your household goods
unless you declare the actual value of your goods on the bill of lading. So
called "full value protection" can be purchased for your goods, but
this will increase the cost of your move. Each type of bill of lading offers
you choices as set forth below:
(1) Hourly-Rated Moves
Protection up to but not exceeding 30 cents per pound per article at no extra
cost - This ordinarily does not provide protection for your goods. For
example, if a lamp weighing four pounds is lost or damage, you will not be
able to collect more than $1.20 no matter how valuable the lamp was. If you
wish to choose this option, you must write "30 cents per pound" in
the valuation statement of the bill of lading.
If you wish to be paid depreciated value for lost or damaged items, you must
declare a lump sum value for the entire shipment and pay an extra charge (50
cents per $100 valuation) depending on the value of declaration. This can be
accomplished by two methods:
A. You may simply not declare a value or sign the valuation
statement in the bill of lading. In that case, the mover's maximum liability
is set at $2,500 for which you will pay a charge of $12.50. This is for
depreciated value.
B. You may enter in the appropriate part of the bill of
lading a lump sum valuation, which you consider adequate to cover your
shipment but not less than $2,500. You will be charged 50 cents per $100 for
this higher valuation. This again is for depreciated value.
(2) Weight-Rated Moves
Protection up to but not exceeding 60 cents per pound per article at no extra
cost. This ordinarily does not provide full protection for your goods. For
example, if a lamp weighing four pounds is lost or damaged, you will not be able
to collect more that $2.40 no matter how valuable the lamp is. If you wish to
choose this option, you must write "60 cents per pound" in the
valuation statement of the bill of lading.
If you wish to be paid depreciated value for lost or damaged items, you must
declare a lump sum value for the entire shipment and pay an extra charge (50
cents per $100 valuation) depending on the value of declaration. This may be
accomplished by two methods:
A. You may simply not declare a value or sign the valuation
statement in the bill of lading. In that case, the mover's maximum liability
will be $1.25 for each pound of weight (actual or estimated as provided by
the mover's tariff). You will be charged 50 cents per $100 of valuation
calculated by multiplying $1.25 by the weight in pounds of the shipment. This
is for depreciated value.
B. You may enter in the appropriate part of the bill of
lading a lump sum valuation, which you consider adequate to cover your
shipment, but not less than an amount equal to $1.25 multiplied by the weight
(actual or estimated as provided by the mover's tariff) in pounds. You will
be charged 50 cents per $100 for this higher valuation This is for
depreciated value.
(3) Written Binding Estimate Moves
All shipments are automatically accepted at a depreciated value of $5,000,
unless the shipper does one of the following:
A. Declares a value above or below the $5,000. This value
must be stated on the written binding estimate.
B. Declares zero valuation for the shipment. The value will then
be deemed to be 60 cents per pound per article.
C. Obtains insurance from the carrier. The carrier must
provide the shipper with a copy of the policy.
The shipper is responsible to sign or initial the written binding estimate to
accept the value of the shipment, even if it is $5,000. Charges for the
valuation, if any must be specified on the written binding estimate. The
carrier must advise the shipper that co-insurance applies to the shipment if
the actual value exceeds the stated value on the written binding estimate.
(4) You May Provide Your Own Insurance
Whichever option you choose, you may obtain additional insurance through your
own insurance agent or broker.
Back
to Top
WHEN
WILL YOUR SHIPMENT BE DELIVERED?
The shorter hourly-rated
moves, generally present no problem since delivery is usually made the same
day. The following observations are applicable to the longer weight-rated
moves.
Your moving company is not required to make delivery on any exact date, but
only within a reasonable time after loading. However, you and the mover must
state on the order for service and bill of lading that you have agreed to
delivery of your possessions on a certain date or within a certain period of
time. If the mover cannot meet those dates, the mover is required to notify
you and the Department and set a new delivery schedule.
(Make a note now to give your mover an address and, if possible, telephone
numbers at which you can be reached if the mover has to contact you not only
at destination, but also at points en route where you plan to stop and visit
or stay overnight. And be sure you have the name, home office address, and
telephone number of your moving company).
Back
to Top
UNLOADING
YOUR GOODS - CHECKING FOR DAMAGE
Upon completion of the
delivery, the driver will ask you to sign the delivery receipt, or the
inventory, or both. Before signing either one, be sure that all the damage
and any lost articles are noted. If the driver will not make such notations,
make them yourself before signing. Remember, telling the driver about these
things is not enough. Do not sign any delivery papers for the driver until
delivery is completed. When you sign the delivery receipt, you accept your
goods in apparent good condition, except as noted on the receipt.
Remember the time spent by you and your family in inspecting your household
goods at the time of delivery for damage or lost items will be a major factor
in collecting for any such loss or damage.
Back
to Top
FILING
OF CLAIMS
As previously explained in
this booklet, the movers liability for loss and damage depends upon the type
of protection you purchased. If you need to file a claim, the earlier this is
done, the quicker the mover can make settlement. We cannot stress enough that
your best proof of claim is a notation on the bill of lading, inventory or
delivery receipt at the time of delivery. If you should later discover that
an article was lost or damaged and you have proof that such loss or damage
was caused by the mover, you can still file a claim for such loss within 9
months after the move. Your claim is much more difficult to process if it is
delayed or presented some time after your goods have been delivered.
Under the Department of Transportation regulations, every mover who receives
a written claim for loss or damage to goods he transported is required to
acknowledge such claim in writing within 30 days after receipt. Further, the
mover is required either to pay, decline, or make a firm compromise
settlement offer in writing within 120 days after receipt of the claim. In
the event the mover is unable to do so, the mover is required to notify the
customer every 30 days thereafter, in writing, of the status of the claim and
the reasons for the delay in making final disposition.
The Department of Transportation can be of assistance to you by requiring the
mover to take timely action on your claim. However, it has no authority to
determine whether the mover is liable in particular circumstances, or the
amount necessary to repair or replace articles cannot be decided by the
Department of Transportation. If you cannot reach a satisfactory settlement,
your only recourse is a civil action in court.
Movers are required to file evidence of insurance with the Department of
Transportation. This assures that payment of any claims for which the mover
is liable. You may obtain the name of a mover's insurance company by writing
to the:
Department of Transportation
Carrier Certification and Compliance Bureau
State Office Campus
Albany, NY 12232
or by calling (518) 457-6503.
Also, movers are required to designate an agent for the service of legal
process in every State through which they operate. Thus, if it should be
necessary, you can commence legal action by serving the appropriate papers on
the designated agent. The name of a mover's process agent can be obtained
also by writing the Department of Transportation. If you obtain a judgment
from a Court, the mover must pay it within 60 days unless execution is stayed
or arrangements for payment have been made.
Back
to Top
STORAGE
IN TRANSIT
If you are not prepared to
move into your new home or apartment immediately, you may want your household
goods moved from your present residence and held in storage for later
delivery. Your mover will provide this service at an additional charge and
for a limited time, up to 30 days in New York City and 180 days elsewhere.
During this storage-in-transit period, the terms and conditions of your
agreement with the moving company apply, NOT the local warehouse regulations.
At the end of the specified storage-in-transit period, and in the absence of
final delivery instructions from you, the shipment will go into
"permanent storage" status and will thereafter be subject to rates,
terms, and conditions set by the local warehouse. Any further service will
then be under a separate contract with the warehouse. Permanent storage
warehousing operations are not subject to Department of Transportation
regulations.
Back
to Top
SMALL
SHIPMENTS
Because moving companies
usually have a minimum charge, it can be less costly to forward smaller
shipments by some other means, Ask your moving company representative's
advice on the most economical way to handle small shipments, but remember you
must make the choice as to how the shipment shall be handled.
Should significant problems occur during the course of your move, or questions
arise which are not covered in this booklet, you should call the Department's
following numbers:
If you are calling from a phone with a 212, 718, or 516 area code, call:
(718) 482-4810
If you are calling from a phone with a 518, 315, 716, 914, or 607 area code,
call: (518) 457-6503
The Department of Transportation sincerely hopes that this booklet
has been of assistance and that you have a safe, enjoyable move, as do most
families.
* * *
Back to Top
|