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American Moving and Storage Association |
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AMSA's NEW Mover Referral Service Before You Move |
ARBITRATION – DISPUTED LOSS AND DAMAGE CLAIMS. The Arbitration Program ensures that our members comply with the federal requirement that they must have a formal arbitration program available to resolve their customers’ disputes regarding loss and damage claims. If you have a dispute with your mover regarding loss or damage that occurred to the articles in your shipment, you should first file a claim with your mover. Then, if your mover denies your claim or provides a settlement offer that you are not satisfied with, you may elect to use arbitration to have your claim resolved. For more information about the Arbitration Program, including a schedule of the current administrative fees, click here . Click here for a form to use to request arbitration. The arbitration program operates under federal guidelines and is limited in the type of cases that may be arbitrated. Under the program, disputed loss and damage claims up to $10,000 are subject to mandatory arbitration if no settlement can be reached; claims over $10,000 may be arbitrated if your mover agrees to do so. The National Arbitration Forum administers our arbitration program. NAF is an independent, non-governmental organization that is not affiliated with AMSA or with any household goods moving company. NAF maintains a panel of independent and neutral arbitrators that include law professors, attorneys and former state and federal court judges to resolve the disputes. NAF will charge an administrative fee to arbitrate your case. The administrative fee, which is divided equally between the parties (unless your mover agrees to pay all or a portion of your share of the fee), is paid to NAF; AMSA does not receive any portion of the administrative fee. The parties to your proceeding will be you and your mover with NAF acting as the neutral program administrator. Neither AMSA nor any of its employees takes any role in the arbitration proceeding or has any influence in the outcome of the arbitrator's decision. (AMSA serves only as a clearinghouse to make sure that your mover properly addresses your initial request for arbitration as required by the Federal statute.) Click here for a copy of the NAF Arbitration Rules and Procedures. The decision of the Arbitrator that
you receive from the National Arbitration Forum will be kept confidential. Federal law (Section 14908, Subtitle IV, Title
49 United States Code) specifically prohibits an interstate carrier or
its agent from disclosing any information about your shipment without
your permission, except in response to legal process issued under authority
of a court of the
ARBITRATION – DISPUTED CHARGES. The Arbitration Program ensures that our members comply with the federal requirement that they must have a formal arbitration program available to resolve their customers’ disputes regarding certain types of disputed charges. While most disputed claims for loss and damage are eligible for consideration under the mandatory arbitration provisions, only certain types of disputed charges are eligible. Disputes regarding charges that your mover collected when your shipment was delivered are not subject to mandatory arbitration. However, disputes regarding additional charges that your mover billed to you after your shipment was delivered are eligible for consideration under the mandatory arbitration provisions. If you have a dispute with your mover regarding the additional charges that your mover billed to you after your move, you should first file a claim with your mover. Then, if your mover denies your claim or provides a settlement offer (refund) that you are not satisfied with, you may elect to use arbitration to have your claim resolved. For more information about the Arbitration Program, including a schedule of the current administrative fees, click here . Click here for a form to use to request arbitration. Under the regulations, your mover is authorized to collect the following charges when your shipment is delivered: · 100% of the binding estimate amount or 110% of the non-binding estimate amount, plus · Charges applicable for any services (i.e. waiting time, extra pickup or delivery, storage-in-transit) that you requested after the contract was executed that were not included in the estimate, and · In the event that shuttle service is required, the mover may also collect for the shuttle charges at delivery – provided that the shuttle charges collected at delivery do not exceed fifteen (15%) percent of the total charges due at delivery. Any remaining charges must be billed to you – it is these additional charges that your mover bills to you (and are not collected at delivery) that are subject to arbitration. For example, if you received a non-binding estimate from your mover for $7,000, you would be required to pay no more than 110% of this amount (or $7,700) at delivery for the services and quantities listed on your estimate. However, if your shipment weighs more than the estimated amount, your mover will invoice you for the additional amount after your shipment has been delivered. The amount of the additional billing is the amount subject to arbitration. The National Arbitration Forum administers our arbitration program. NAF is an independent, non-governmental organization thatis not affiliated with AMSA or with any household goods moving company. NAF maintains a panel of independent and neutral arbitrators that include law professors, attorneys and former state and federal court judges to resolve the disputes. NAF will charge an administrative fee to arbitrate your case. The administrative fee, which is divided equally between the parties (unless your mover agrees to pay all or a portion of your share of the fee), is paid to NAF; AMSA does not receive any portion of the administrative fee. The parties to your proceeding will be you and your mover with NAF acting as the neutral program administrator. Neither AMSA nor any of its employees takes any role in the arbitration proceeding or has any influence in the outcome of the arbitrator's decision. (AMSA serves only as a clearinghouse to make sure that your mover properly addresses your initial request for arbitration as required by the Federal statute.) Click here for a copy of the NAF Arbitration Rules and Procedures. The decision of the Arbitrator that you
receive from the National Arbitration Forum will be kept confidential. Federal law (Section14908, Subtitle IV, Title
49 United States Code) specifically prohibits an interstate carrier or
its agent from disclosing any information about your shipment without
your permission, except in response to legal process issued under authority
of a court of the
SUBMITTING A COMPLAINT. If you have a complaint with your mover regarding shipment delay or the quality of service that you received during your move or another type of complaint that does not fall within the guidelines for arbitration, you should first file a claim with your mover. Then, if your mover denies your claim or provides a settlement offer that you are not satisfied with, you may elect to file your complaint with AMSA. Click here for a form to use to file a complaint. If you have a complaint about your mover that you have been unable to resolve, you may submit your complaint using the form above to provide us with the information that we will need to assist you in processing your complaint. After we receive your complaint, we will contact your mover to obtain a written explanation of the circumstances that brought about your complaint in order to attempt to bring the matter to a conclusion. AMSA is a non-profit organization that acts as a clearinghouse for matters relating to consumer complaints, information and arbitration. AMSA is not a governmental agency and we do not have the authority to order your mover to provide refunds or reimbursements, force a settlement or to demand any type of compensatory payment from your mover; however, we do routinely remove movers from our membership that show a repeated pattern of consumer abuse. There is no cost to you for processing a complaint through this AMSA program. SERVICE DELAYS – INCONVENIENCE CLAIMS Picking Up and Delivering Shipments on the Agreed Dates You and your mover should agree on the dates that your shipment is to be picked up and delivered before you move. It is your responsibility to determine the date or spread of dates that you require for the pickup and delivery of your shipment. Once determined, it is your mover’s responsibility to perform the pickup and delivery of your shipment on the agreed dates, as stated on your Bill of Lading. Movers accomplish the pickup and delivery of shipments under two similar but different arrangements: agreed dates and guaranteed dates. It is important to understand the difference between these two arrangements. Agreed Pickup and Delivery Dates. Unless you have requested guaranteed service, movers are required to transport your shipment within what the regulations (49 CFR 375.1) define as “reasonable dispatch.” This means that your mover is required to accomplish the pickup and delivery of your shipment on the dates you have requested, subject to circumstances which could have not been foreseen or conditions that are beyond the control of the mover which might cause delay. While your mover will make every effort to see that your shipment is serviced on time, delays due to weather, highway construction, and mechanical breakdown do occur. Also, your shipment will frequently be transported along with several other shipments on a large tractor-trailer. Delays to your shipment can occur if another customer changes his or her plans on an earlier shipment that is already scheduled on the same truck. If a delay does occur, and as a result you have expenses that you otherwise would not have had, you may be able to recover a portion of those expenses by filing an inconvenience or delay claim with your mover. It is important to understand however, that under the reasonable dispatch provisions, your mover is under no contractual obligation to compensate you for your delay claim. Depending upon the circumstances, your mover may choose to reimburse you for some of your expenses, but the mover is not required to do so. The mover is not required by the bill of lading (contract), by the tariff, or by any federal regulation to pay the expenses that you have claimed. Guaranteed Pickup and Delivery Dates. If it is critical that your move be performed on specific dates (to meet landlord requirements, real estate closing dates, or job or school-related dates), you may want to consider a service option offered by many movers called Guaranteed Pickup and Delivery Service. Under this option, you enter into an agreement with your mover that provides for your shipment to be picked up 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 daily rate or to be reimbursed for a portion of your expenses. If your shipment was transported under the guaranteed pickup and delivery provisions, you must still file a claim with your mover if your shipment was delayed. Generally, such claims must be filed within 30 days of delivery. |
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