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 enroute, 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.
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.
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,
travellers 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.
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.
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.
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.
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.
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.
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.
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 enroute 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).
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.
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.
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.
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, 516, or 631 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.
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