A Customer’s Rights and Responsibilities under Ohio’s Household Goods Rules

OUCEstablished by the Public Utilities Commission of Ohio

All moving companies must provide written estimates that clearly and accurately describe all charges applicable to a customer’s move. It is important to show the moving company all items to be moved when it is giving the estimate in order to get the most precise estimate. Once signed by the customer and the moving company, the estimate becomes the contract between the parties, obligating both to its terms and conditions.

Generally, the moving company has the option of providing the customer with one of three kinds of estimates:

The estimate must clearly state which type of estimate is being used. Customers are encouraged to get many estimates—there is no obligation until the estimates is signed by both the customer and the moving company. Moving companies are required to give the customer a copy of the signed estimate and to keep a copy for themselves.

Non-Binding Estimate. A non-binding estimate may be provided after a visual inspection of a customer’s household goods. However, a visual inspection may be waived by the customer. In this case, the customer must sign a waiver statement on the estimate. The moving company is allowed to charge a fee for the visual inspection provided that the fee is disclosed to the customer prior to the visual inspection and the amount of the fee is credited toward the cost of the move.

Binding Written Estimate.  A binding written estimate means that a moving company cannot charge more for the services than the amount stated in the estimate.

Guaranteed-not-to-Exceed Estimate. This type of estimate specifies the maximum charge to the customer. Customers would be responsible for the lesser of the maximum charge specified in the estimate or charges determined by applying the moving company’s rates contained in its tariff.

All types of estimates require certain minimum information, including:

Other items a moving company may choose to include on an estimate:

The moving company is not required to provide a written estimate when the total moving charges equal $500 or less. In this case, the company will provide either a binding, non-binding, or guaranteed-not-to-exceed oral estimate.

The moving company is also not required to provide a written estimate on a move that is to take place within five days from the customer’s original contact with the mover. In this case, customers will receive a non-binding oral estimate, and the moving company must prepare a bill of lading containing all terms and conditions including the total estimated cost of the move.

In the event that a customer’s move entails more items or services than in the original estimate, the moving company may amend the original estimate to include the additional items in an addendum. An addendum is a supplement to an estimate and must be in writing.

If the customer is not available to sign the addendum, the moving company must contact the customer or customer’s representative by phone to get approval of the terms. Once signed or notified of the new terms, the addendum is binding upon the customer and the moving company, and the customer is contractually bound to pay for the services in it.

If the moving company continues moving a customer without issuing an agreed upon addendum, the moving company cannot charge the customer for the additional services.

Bill of Lading

In some cases, a bill of lading will be issued as well as an estimate. A bill of lading, like a receipt, identifies who owns the household goods on the moving company’s truck. The terms in the bill of lading must be the same as in the estimate. In the event that the two documents contain different terms and conditions, the moving company can only charge for what is in the estimate.

A customer may request an inventory of his/her household goods when the moving company is loading them, but a moving company may charge an additional fee for such service. All estimates and addenda must be attached to the bill of lading while the shipment is en route.

Protection against Lost or Damaged Goods

All moving companies are responsible for the value of the goods that they transport. As a result, companies must have cargo insurance in the amount equal to the declared value of a shipment. Moving companies have the option of providing three levels of coverage for household goods. It is often the case that the higher the coverage, the higher the transportation rate. The three levels of coverage are:

There will be a statement on the estimate that customers are required to initial, indicating which level of coverage has been chosen. Some moving companies might choose to offer only depreciated value coverage. If a customer wants additional coverage, then he/she can either choose a different moving company or check the terms of his/her homeowners insurance policy. Also, it is possible that additional insurance coverage can be purchased separately through the moving company’s insurance agent.

Other factors that affect a customer’s reimbursement rate are deductibles and the moving company’s reservation of the right to repair. A moving company may request that a deductible be paid depending on the level of coverage chosen. The amount of the deductible must appear in the estimate or the bill of lading. For a deductible to be effective a customer must personally initial the following statement, “I choose a deductible of $___________ against any reimbursement for lost or damaged goods.”

A moving company may also reserve the right to repair any damaged items prior to replacing them regardless of the level of coverage selected by the customer. If the moving company elects to do this, the right to repair language will be included in the estimate or the bill of lading when no written estimate is prepared. Customers are encouraged to read the estimate or bill of lading closely to see if these provisions are included.

In the case of a non-binding, binding, or guaranteed-not-to-exceed oral estimate, where the customer did not choose reimbursement coverage, the moving company must reimburse the customer for the depreciated value of the goods that are lost or damaged as a result of the move.

The Determination of Moving Charges

All moving companies must file a tariff, or price list, with the PUCO that contains a list of all possible charge that a customer can be assessed.

Moving charges may be based on weight, mileage, hourly rates, or other factors. Associated services are incidental to the transportation service being provided, like pacing and unpacking, and traveling up and down stairs. These services may significantly increase the total cost of the move.

Customers are encouraged to read all of the provisions of the estimate carefully to know what services are being received for the amount of money being paid. Customers should not assume that something is included in the estimate if it is not written in the estimate.

Moving Dates

If a customer does not agree to pick-up and delivery dates at the time the estimate is accepted, then the moving company may be notified of the dates by telephone. If the moving company cannot make the scheduled delivery time, it must notify the customer by telephone or in person, at its expense, and provide the condition of the shipment, the reason for the delay, and when the delivery will be made.

Delivery of a shipment cannot be done before the delivery date specified in the estimate or bill of lading. If the moving company wants to deliver the goods 24 hours early and the customer has not agreed to early delivery, the moving company will place the shipment in storage for its own account and at its own expense. If this happens, the moving company must notify the customer immediately and disclose the location of the shipped goods.

Payment

If a dispute arises at the time of delivery of a payment-on-delivery shipment:

In a non-binding written estimate, the company must deliver the customer’s goods upon payment of 110% of the estimated charges. After the customer has paid 110% of the estimated cost, the moving company must allow the customer an additional 30 days after the date of delivery for payment of any balance.

In a binding written estimate, the company must deliver the customer’s goods upon payment of the total estimated cost only.

In a guaranteed-not-to-exceed written estimate, the company must deliver the customer’s goods upon payment of an amount not exceeding 110% of the total estimated charges in the bill of lading. Upon the customer paying 110% of the total estimated charges, the moving company must allow an additional 30 days after the date of delivery for payment of any balance due.

In an oral estimate, the company must deliver the customer’s goods upon payment of an amount not exceeding 110% of the total estimated charges in the bill of lading. Upon payment of 110% of the total estimated charges, the moving company must allow an additional 30 days after the date of delivery for payment of any balance due.

In an oral estimate that was $500 or less, a customer may demand delivery of his/her goods by paying $500. The moving company must then make the delivery. In the event no written estimate was furnished, and one was required, the moving company must relinquish possession of the shipment upon demand by the customer.

Claims for Loss or Damage

When goods are delivered, the customer may be asked to sign a statement acknowledging the delivery condition of the goods. The ONLY statement that the moving company is permitted to have signed is one that indicates that goods have been received “without visible damage except as noted on the shipping documents.”

In the case of damaged items, a customer should file a written claim for loss or damage with the moving company. The moving company must acknowledge receipt of the claim, in writing, within 15 days after they receive it. The moving company then must make a settlement offer, in writing, within 60 days after receipt of the claim. The time a customer has to file a claim for loss or damage will be in the estimate. That time cannot be less than 60 days. Customers are encouraged to review and understand this part of the estimate before signing it and to ask the moving company for an explanation if needed.

If an attempt to resolve a dispute with a moving company fails, call:

The PUCO Consumer Hotline
1-800-686-7826 or
1-800-686-1570 (TTY-TDD)

The PUCO will assist customers in resolving complaints through an informal mediation process with the carrier.

If a customer is unable to reach a resolution with a carrier, nothing precludes the customer from bringing an action in his/her small claims court or other appropriate jurisdiction.