The following terms and conditions apply to all services performed by the carrier under this contract. The term “carrier” refers to NORTH POINT MOVERS., a GA corporation. The contract is also subject to all rules, rates, and charges in the current tariffs, published, or on file with the Transportation Commission.
SECTION 1. (A) THE CARRIER IS LIABLE for physical loss of, or damage to, any article from external cause while being packed, unpacked, loaded, unloaded, carried, or held in Storage-in-Transit, including breakage, if the articles are packed by the carrier and/or if the breakage results from negligence of the carrier. The carrier is liable directly to the customer for loss and damage, regardless of any cargo insurance policies the carrier may have. The carrier’s liability is subject to the limitations of liability described in Section 2.
Customers may include the following items in a shipment however, the carrier is not responsible for the condition or safe delivery of:
Coins, currency, deeds, notes, postage stamps, letters, drafts or valuable papers of any kind. Jewelry, precious stones, or precious metals. Items of extraordinary value. Items requiring temperature control. Household pets. Live Plants. Perishable items. Furniture or other items made of pressboard, particle board or similar pressed material.
(B) THE CARRIER IS NOT LIABLE for the loss of or damage to any article from external cause while being carried or held in Storage-in Transit, due to the following circumstances:
- b. c. Breakage, when items are packed by the customer or the customer’s representative unless it can be proved that the breakage resulted from negligence by the mover in handling the articles. Internal damage to electronics (radios, stereos, VHS players, CD/DVD players, televisions, computers, printers, scanners, etc.) when no visible damage to the external packaging or contents exists or if the item was packed by the customer or the customer’s representative. Loss or damage from insects, moths, vermin, mold, fungus or bacteria within the customer’s belongings or that develop therein due to conditions present before the carrier picks up the customer’s belongings. d. Loss or damage because the item was in an obvious state of disrepair at the time of shipment, provided that the carrier noted the disrepair on the inventory. e. f. g. An act, omission, or order of the customer, or loss or damage resulting from the customer’s inclusion in the shipment of such articles as explosives, dangerous articles or dangerous goods. Defective design of an article, including susceptibility to damage because of atmospheric conditions such as temperature or humidity changes. Hostile or warlike action or use of any weapon of war (in time of peace or war), terrorism, insurrection, rebellion, revolution, civil war, usurped power, and action taken in hindering, combating, or defending against such occurrences: a) by any governments or sovereign power, or by authority maintaining or using military forces; b) by military forces; or, c) by an agent of such government, power, authority or forces. h. Seizure, confiscation or destruction under quarantine by order of any government or public authority. i. Strikes, lockouts, labor disturbances, riots, civil commotions or the acts of any person or persons taking part in any such occurrence or disorder. j. Acts of God. Carriers will not accept the following items for shipment: 1. Explosives. 2. Dangerous goods. 3. Property liable to damage carrier equipment or other property. The customer assumes all liability for goods he/she leaves unattended before pickup by the carrier. The customer also assumes all liability for goods when the customer directs the carrier, in writing, to unload or deliver property at a location that will be unattended.
SECTION 2. The carrier’s maximum liability shall be determined based on the valuation option selected by the customer on the face of this contract.
(A) (B) If the customer selected Basic Value Protection, the carrier’s maximum liability shall be the actual loss or damage not exceeding $0.60 per pound of weight of any lost or damaged article(s). If the customer selected Replacement Cost Coverage with Deductible, the carrier’s maximum liability shall be the amount of the actual loss or damage less a $300 deductible not exceeding $5.00 times the net weight of the shipment, or the lump sum declared value, whichever is greater. This option is the option that will apply if the customer fails to indicate a choice on the face of this contract and the customer will be liable for charges applying to this option. (C) If the customer selected Replacement Cost Coverage, the carrier’s maximum liability shall be the amount of the actual loss or damage not exceeding $5.00 times the net weight of the shipment, or the lump sum declared value, whichever is greater. The customer is responsible for any additional insurance the customer wishes to purchase.
SECTION 3. Unless specific arrangements have been authorized by this contract, the carrier is not required to transport the customer’s goods by any particular schedule, means, or vehicle and is not liable for delays resulting from causes other than negligence of the carrier. Further, in case of unforeseen circumstances which prevent the carrier from completing delivery, the carrier has the right to forward the customer’s property by another carrier.
SECTION 4. (A) The customer must pay all legal charges. (B) If the carrier is required to refer this contract for collection of charges due to an attorney, the shipper agrees to pay reasonable attorney fees and collection costs. (C) If this contract is referred to a court for resolution, the losing party shall be responsible for payment of the other party’s reasonable attorney fees and court costs. (D) The customer shall be responsible to indemnify the carrier against any loss or damage caused by inclusion in the shipment of explosives, dangerous articles, or dangerous goods.
SECTION 5. (A) A carrier may place a shipment into storage at the public warehouse nearest the point of destination if the carrier is unable to make a delivery because: 1. The carrier was unable to locate a customer at the address given on the bill of lading or the correct address if known by the carrier. 2. The customer refused or was unable to accept delivery. 3. The customer (for a shipment moving on a non-binding estimate) was unable or refused to pay up to 100 percent of the amount of the original estimate plus supplements, if any.
(B) The carrier’s liability as a common carrier ends with delivery to the public warehouse. The shipment becomes subject to the warehouse’s liability, terms, and conditions.
(C) The carrier must notify the customer by every means of contact the carrier has for the customer, including telephone, e-mail, and fax, and the carrier must mail or deliver a written notice to the destination address advising that it was unable to make delivery and advising the customer of the name, address, e-mail address, if applicable, and telephone number of the warehouse where the shipment is stored.
(D) If the customer does not receive or claim the shipment within 30 days after the carrier mailed or delivered the written notice required in Item 40(3), the shipment becomes subject to disposition by the carrier .
Rule 515-16-6-.02 Definitions
As used in this sub-Chapter, the term Advertisement means any communication to the public, in written or printed form, in connection with an offer or sale of any intrastate transportation service, including accessorial services, but shall not be construed to include listing of a carrier’s name, address and telephone number.
Rule 515-16-6-.03 Penalties
| (1) | THE CRIMINAL AND CIVIL PENALTIES FOR VIOLATION OF THIS CHAPTER ARE THOSE SET FORTH IN O.C.G.A. §§ 46-2-90 THROUGH 46-2-93, 46-7-39, 46-7-90 AND 46-7-91, AND IN CHAPTERS 515-16-3 AND 515-16-10 OF THESE TRANSPORTATION RULES; AND SUCH PENALTIES CAN ONLY BE IMPOSED BY THE COMMISSION AFTER NOTICE AND HEARING, UNLESS THE VIOLATOR CONSENTS IN WRITING TO SUCH PENALTIES. |
| (2) | WHENEVER THE COMMISSION, AFTER A HEARING CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 3 OF THE COMMISSION TRANSPORTATION RULES, FINDS THAT ANY PERSON, FIRM, OR CORPORATION IS OPERATING AS A HOUSEHOLD GOODS CARRIER FOR HIRE WITHOUT A VALID CERTIFICATE ISSUED BY THE COMMISSION OR IS HOLDING ITSELF OUT AS SUCH A CARRIER WITHOUT SUCH A CERTIFICATE IN VIOLATION OF PARAGRAPH (B) OF O.C.G.A. § 46-2-94, THE COMMISSION MAY IMPOSE A FINE OF NOT MORE THAN $5,000.00 FOR EACH VIOLATION. THE COMMISSION MAY ASSESS THE PERSON, FIRM, OR CORPORATION AN AMOUNT SUFFICIENT TO COVER THE REASONABLE EXPENSE OF INVESTIGATION INCURRED BY THE COMMISSION. THE COMMISSION MAY ALSO ASSESS INTEREST AT THE RATE SPECIFIED IN O.C.G.A. § 46-2-91 ON ANY FINE OR ASSESSMENT IMPOSED, TO COMMENCE ON THE DAY THE FINE OR ASSESSMENT BECOMES DELINQUENT. ALL FINES, ASSESSMENTS, AND INTEREST COLLECTED BY THE COMMISSION SHALL BE PAID INTO THE GENERAL FUND OF THE STATE TREASURY. ANY PARTY AGGRIEVED BY A DECISION OF THE COMMISSION UNDER THIS RULE MAY SEEK JUDICIAL REVIEW AS PROVIDED IN O.C.G.A. §§ 46-2-91 AND 46-2-92. |
Rule 515-16-6-.04 Designation of Household Goods Agents
| (1) | ALL APPOINTMENTS OF AN AGENT BY A CARRIER HOLDING A PERMANENT CERTIFICATE SHALL BE EVIDENCED BY A CONTRACT IN WRITING PROPERLY EXECUTED BY ALL PARTIES THERETO. SUCH CONTRACTS SHALL SET FORTH THE DUTIES, OBLIGATIONS, RIGHTS, METHOD OF COMPENSATION, AND SCOPE OF AUTHORITY OF THE PARTIES THERETO. |
| (2) | HOUSEHOLD GOODS CARRIERS HOLDING INTERIM CERTIFICATES MAY NOT APPOINT ANY AGENT TO OPERATE UNDER THEIR AUTHORITY. |
| (3) | A STANDARD FORM CONTRACT SHALL BE FIRST SUBMITTED TO THE COMMISSION FOR APPROVAL. IF APPROVED, IT SHALL NOT BE NECESSARY TO RE-SUBMIT SAID STANDARD FORM OF CONTRACT EXCEPT AS PROVIDED IN SUB-PARAGRAPH (A)(5) OF THIS RULE. |
| (4) | THE CARRIER SHALL NOTIFY THE COMMISSION IN WRITING AT LEAST TEN (10) DAYS PRIOR TO TERMINATION OF AN AGENCY AGREEMENT BY FILING WITH THE COMMISSION A FORM ENTITLED “NOTICE OF TERMINATION.” SUCH TERMINATION SHALL BECOME EFFECTIVE ON THE DATE PROVIDED IN THE NOTICE UNLESS THE COMMISSION NOTIFIES THE CARRIER OF ITS DISAPPROVAL BEFORE THE EFFECTIVE DATE. |
| (5) | NO CARRIER SHALL APPOINT AN AGENT TO REPRESENT IT IF SUCH AGENT REPRESENTS ANOTHER INTRASTATE HOUSEHOLD GOODS CARRIER. |
| (6) | NO CARRIER SHALL BE PERMITTED TO APPOINT AN AGENT FOR THE PURPOSE OF TRANSPORTING HOUSEHOLD GOODS IN ANY COUNTY OR WITHIN A TWENTY (20) MILE RADIUS OF A CITY, TOWN OR MUNICIPALITY IN WHICH IT ALREADY HAS AN ESTABLISHED OFFICE OR WAREHOUSE, OR AGENT. A CARRIER WOULD NOT BE PROHIBITED FROM ITSELF PERFORMING SPECIALIZED SERVICES IN A LOCALITY WHERE IT HAS AN AGENT. IF CARRIER ESTABLISHES AN OFFICE OR WAREHOUSE IN A LOCATION WHERE AN AGENCY HAS BEEN ESTABLISHED, THE AGENCY AGREEMENT MUST BE CANCELLED. |
| (7) | A COPY OF THE AGENCY CONTRACT MUST BE MAINTAINED IN EACH VEHICLE OPERATED BY AGENT UNDER LEASE TO THE CARRIER AND A COPY OF THE CONTRACT IS TO BE MAINTAINED ON FILE BOTH IN THE CARRIER’S AND AGENT’S OFFICES. |
| (8) | ANY VEHICLE OPERATED UNDER AUTHORITY OF THE CARRIER SHALL BE SO IDENTIFIED WITH THE CARRIER’S NAME AND OTHER INFORMATION AS REQUIRED BY THE COMMISSION. THE CARRIER SHALL PURCHASE A VEHICLE REGISTRATION IN THE CARRIER’S NAME FOR EACH VEHICLE LEASED TO THE CARRIER. |
| (9) | IT SHALL BE THE RESPONSIBILITY OF THE CARRIER TO SUPERVISE AND TRAIN ALL OF ITS AGENTS AND THE AGENTS’ EMPLOYEES IN RELATION TO ALL OF THE APPLICABLE MOTOR CARRIER SAFETY AND HAZARDOUS MATERIAL RULES AND REGULATIONS AS MAY BE REQUIRED. THE CARRIER SHALL BE RESPONSIBLE TO SEE ALL THE APPLICABLE RULES AND REGULATIONS ARE COMPLIED WITH. |
| (10) | NOTHING SHALL RESTRICT THE RIGHT OF A CARRIER TO APPOINT AGENTS FOR BOOKING OF HOUSEHOLD GOODS ONLY WHERE THE HAULING OF SUCH GOODS IS PERFORMED BY THE CARRIER OR ITS LEGALLY ESTABLISHED HAULING AGENTS. |
| (11) | UNLESS OTHERWISE EXEMPTED BY LAW, CARRIER WILL BE RESPONSIBLE TO THE PUBLIC FOR ANY ACTION OF ITS AGENTS, WHETHER KNOWN OR UNKNOWN, WHICH RESULTS IN LOSS OR DAMAGE TO THE CUSTOMERS GOODS, OR WHERE OVERCHARGE IS MADE. |
Rule 515-16-6-.05 Advertising
| (1) | EVERY MOTOR COMMON CARRIER ENGAGED IN THE TRANSPORTATION OF HOUSEHOLD GOODS IN INTRASTATE TRANSPORTATION BETWEEN POINTS IN THE STATE OF GEORGIA, INCLUDING ANY SUCH CARRIER PROVIDING ANY ACCESSORIAL SERVICE INCIDENTAL TO OR PART OF SUCH INTRASTATE TRANSPORTATION, SHALL INCLUDE, AND SHALL REQUIRE EACH OF ITS AGENTS TO INCLUDE, IN EVERY ADVERTISEMENT AS DEFINED IN TRANSPORTATION RULE 515-16-6-.05, THE NAME OF THE MOTOR CARRIER UNDER WHOSE OPERATING AUTHORITY THE ADVERTISED SERVICE WILL ORIGINATE AND THE CERTIFICATE NUMBER ASSIGNED TO SUCH OPERATING AUTHORITY BY THE COMMISSION. THE NAME AND CERTIFICATE NUMBER MUST BE THE SAME AS DESIGNATED ON THE CERTIFICATE ISSUED BY THE COMMISSION. |
| (2) | ANY PERSON, FIRM, OR CORPORATION WHO KNOWINGLY AND WILLFULLY ISSUES, PUBLISHES, OR AFFIXES OR CAUSES OR PERMITS THE ISSUANCE, PUBLISHING, OR AFFIXING OF ANY ORAL OR WRITTEN ADVERTISEMENT, BROADCAST, OR OTHER HOLDING OUT TO THE PUBLIC, OR ANY PORTION THEREOF, THAT THE PERSON, FIRM, OR CORPORATION IS IN OPERATION AS A HOUSEHOLD GOODS CARRIER FOR HIRE WITHOUT HAVING A VALID CERTIFICATE ISSUED BY THE COMMISSION IS GUILTY OF A MISDEMEANOR. ANY FINE OR ASSESSMENT IMPOSED BY THE COMMISSION PURSUANT TO THE PROVISIONS OF THESE TRANSPORTATION RULES SHALL NOT BAR CRIMINAL PROSECUTION PURSUANT TO THE PROVISIONS O.C.G.A. §§ 46-2-91, 46-2-92, AND 46-7-91. |
| (3) | ANY MOTOR COMMON CARRIER CONDUCTING HOUSEHOLD GOODS OPERATIONS BETWEEN POINTS IN GEORGIA MUST DISCLOSE IN ANY ADVERTISEMENT FOR ITS SERVICES (WHETHER ON THE INTERNET, IN A YELLOW PAGES ADVERTISEMENT, ANY OTHER PRINT OR BROADCAST ADVERTISEMENT, A BROCHURE, OR A FLYER OR HANDOUT) THE EXACT PHYSICAL LOCATION IN GEORGIA OF SUCH ADVERTISING CARRIER’S PHYSICAL OFFICE, WAREHOUSE, TERMINALS AND TRUCK PARKING LOT AND THE NUMBER OF THE CERTIFICATE ISSUED BY THE COMMISSION UNDER WHICH SUCH CARRIER IS LEGALLY AUTHORIZED TO CONDUCT THE HOUSEHOLD GOODS OPERATIONS ADVERTISED. A POST OFFICE BOX OR COMMERCIAL MAIL PICKUP STATION DOES NOT QUALIFY AS A PHYSICAL ADDRESS. |
Rule 515-16-6-.06 Bills of Lading and Freight Bills
| (1) | UNLESS OTHERWISE PROVIDED, ALL MOTOR CARRIERS OF HOUSEHOLD GOODS SHALL ISSUE TO SHIPPERS A BILL OF LADING IN THE FORM PRESCRIBED, APPROVED AND ACCEPTED BY THE COMMISSION. THE UNIFORM BILL OF LADING IS TO BE ISSUED IN TRIPLICATE, AND THE CARRIER’S COPY OF SAID BILL OF LADING SHALL BE RETAINED FOR A PERIOD OF THREE YEARS. |
| (2) | THE NAME OF ONLY ONE SHIPPER, ONE CONSIGNEE AND ONE DESTINATION SHALL BE SHOWN ON ONE BILL OF LADING. IF THERE ARE STOP OFFS IN TRANSIT FOR PARTIAL LOADING OR UNLOADING, THE STOP OFF POINT(S) MUST ALSO BE LISTED. |
| (3) | A LEGIBLE COPY OF THE BILL OF LADING MUST BE CARRIED ON BOARD THE TRANSPORT VEHICLE DURING THE TIME THE SHIPMENT IS IN TRANSIT. |
| (4) | A SINGLE SHIPMENT CONSISTS OF ONE LOT OF HOUSEHOLD GOODS RECEIVED FROM ONE SHIPPER, AT ONE POINT, AT ONE TIME, OR FOR ONE CONSIGNEE AT ONE DESTINATION AND COVERED BY ONE BILL OF LADING. |
| (5) | ON SHIPMENTS OF HOUSEHOLD GOODS TRANSPORTED UNDER WEIGHT AND DISTANCE RATES, THE BILL OF LADING MUST SHOW THE POINT OF ORIGIN AND DESTINATION OF SUCH SHIPMENT, MILEAGE, WEIGHT, RATE AND TOTAL FREIGHT CHARGE. ANY CHARGES FOR STORAGE, ACCESSORIAL CHARGES, SPECIAL SERVICES (THIRD PARTY SERVICES) OR PACKING MATERIALS, SHALL BE SHOWN SEPARATELY ON SAID BILL OF LADING. |
| (6) | ON SHIPMENTS OF HOUSEHOLD GOODS TRANSPORTED UNDER HOURLY RATES, THE BILL OF LADING MUST SHOW THE POINT OF ORIGIN AND THE DESTINATION POINT OF SUCH SHIPMENT, THE START AND STOP TIMES OF THE MOVE, THE NUMBER OF MEN AND VANS USED, TOTAL NUMBER OF HOURS WORKED (LESS LUNCHTIME AND BREAKS), HOURLY RATE AND TOTAL FREIGHT CHARGE. ANY ACCESSORIAL CHARGES, SPECIAL SERVICES (THIRD PARTY SERVICES) OR PACKING MATERIALS SHALL BE SHOWN SEPARATELY ON SAID BILL OF LADING. |
| (7) | AN ADDENDUM TO THE HOUSEHOLD GOODS UNIFORM BILL OF LADING (SHIPPER DECLARATION OF VALUE) WHICH HAS BEEN PRESCRIBED BY THE COMMISSION, MUST ACCOMPANY THE BILL OF LADING. SAID ADDENDUM IS TO BE EXECUTED BY THE SHIPPER AND CARRIER REPRESENTATIVE PRIOR TO THE MOVE. ONE COPY IS TO BE GIVEN TO SHIPPER AND ONE COPY IS TO BE RETAINED AT THE OFFICE OF THE CARRIER FOR A PERIOD OF THREE YEARS. |
Rule 515-16-6-.07 Distribution of Public Information Pamphlet to Shippers
All motor carriers of household goods shall issue to shippers a copy of the Commission’s public information pamphlet for household goods shippers. The pamphlet shall be issued to each shipper prior to the move and shall be provided free of charge. The pamphlet must be provided to the shippers at the time of the first in person contact, or it must be provided to the shipper by mail, e-mail, or facsimile (time allowing) if the move was arranged and confirmed by mail, e-mail, or telephone and no in person contact has been made prior to the day of the move. When the pamphlet is provided by hand delivery, the delivering carrier personnel shall obtain either (1) a written receipt from the customer for delivery of the pamphlet or (2) if the customer is absent and a copy is left at the address of the customer, then carrier personnel making such delivery shall sign a notation on a copy of the pamphlet noting the date and time of delivery. When the pamphlet is provided electronically (e.g., by e-mail or facsimile), the carrier must seek, print and retain an electronic receipt as part of the move documentation file. When the pamphlet is provided by mail, the carrier must obtain a return receipt for such mailed copy. Contents of the pamphlet shall be prescribed by the Commission, and a current copy of such pamphlet shall be maintained on the Commission’s website. A carrier’s printing such pamphlet from the Commission’s website and providing the same in accordance with this Rule shall be sufficient; and a carrier shall retain a copy of the receipt, notated pamphlet, electronic receipt for e-mail or fax transmissions, return mail receipt or such other proof of carrier delivery and/or customer receipt of such pamphlet in the move file for each customer.
Rule 515-16-6-.08 Waiver Forms Prohibited
No carrier transporting household goods under a certificate subject to the jurisdiction of this Commission shall issue or require a shipper to sign a Waiver of Liability Form. The rights and responsibilities for both a household goods carrier and a shipper are defined in the Commission’s Rules, and a shipper’s rights cannot be otherwise abridged or modified. No Waiver of Liability or Release of Liability form of any kind may be tendered to a shipper. Use of such forms shall have no effect and any carrier that uses such forms will be subject to a penalty.
Rule 515-16-6-.09 Package Condition and Preparation
Unless otherwise provided, household goods will not be accepted for shipment if:
| (A) | ARTICLES THAT ARE NOT IN SUCH CONDITION, OR ENCLOSED IN CONTAINERS OF SUCH STRENGTH AND SECURITY, OR SO PREPARED FOR SHIPMENT, AS TO RENDER THE TRANSPORTATION THEREOF BY MOTOR VEHICLE REASONABLY SAFE AND PRACTICABLE; |
| (B) | PACKAGES CONTAINING FRAGILE ARTICLES OR ARTICLES IN GLASS OR EARTHENWARE MUST BE MARKED “GLASS” “FRAGILE-HANDLE WITH CARE,” OR WITH SIMILAR PRECAUTIONARY MARKS. |
| (C) | HAZARDOUS MATERIALS, WHEN TENDERED FOR TRANSPORTATION, MUST CONFORM TO THE REQUIREMENTS OF LAW AND ANY APPLICABLE REGULATIONS OF THE GEORGIA DEPARTMENT OF PUBLIC SAFETY OR THEY MUST BE REFUSED. |
Rule 515-16-6-.10 Prepayment of Charges
All charges must be prepaid or guaranteed on any shipment which in the judgment of the carrier or its agent would not, at forced sale, be worth the total amount of charges which would be due thereon at destination.
Rule 515-16-6-.11 Freight Charges on Lost or Destroyed Shipments
No motor carrier transporting household goods in intrastate commerce shall collect or require a shipper to pay any published freight charges (including accessorial or terminal services) when a shipment is completely or totally lost or destroyed in transit. A carrier shall collect and the shipper would be required to pay any specific Valuation Charges that may be due. This rule shall not apply to the extent that any such loss or destruction is due to the act or omission of the shipper.
Rule 515-16-6-.12 Estimates on Household Goods Moves
| (1) | MOTOR CARRIERS ENGAGED IN THE TRANSPORTATION OF HOUSEHOLD GOODS MAY PROVIDE WRITTEN ESTIMATES OF THE APPROXIMATE COSTS WHICH WILL BE ASSESSED FOR THE TRANSPORTATION OF SUCH SHIPMENTS. ESTIMATES SHALL BE REASONABLY ACCURATE AND SHALL BE FURNISHED WITHOUT CHARGE AND IN WRITING TO THE SHIPPER OR OTHER PERSON RESPONSIBLE FOR PAYMENT OF THE FREIGHT CHARGES. ALL SUCH ESTIMATES SHALL HAVE CLEARLY INDICATED ON THE FACE THEREOF THAT THE ESTIMATE IS NOT BINDING ON THE CARRIER AND THAT THE CHARGES SHOWN ARE THE APPROXIMATE CHARGES WHICH WILL BE ASSESSED FOR THE SERVICES IDENTIFIED IN THE ESTIMATE. THE ESTIMATE MUST CLEARLY DESCRIBE THE SHIPMENT AND ALL SERVICES TO BE PROVIDED. AT THE TIME OF DELIVERY OF A COLLECT ON DELIVERY SHIPMENT, EXCEPT WHEN SUCH SHIPMENT IS BEING DELIVERED TO A WAREHOUSE FOR STORAGE AT THE REQUEST OF THE SHIPPER, ON WHICH AN ESTIMATE OF THE APPROXIMATE COSTS HAS BEEN FURNISHED BY THE CARRIER, THE SHIPPER MAY REQUEST DELIVERY OF THE SHIPMENT UPON PAYMENT, IN A FORM ACCEPTABLE TO THE CARRIER, AN AMOUNT NOT EXCEEDING 110% OF THE ESTIMATED CHARGES. THE CARRIER SHALL, UPON REQUEST OF THE SHIPPER, RELINQUISH POSSESSION OF THE SHIPMENT UPON PAYMENT OF NOT MORE THAN 110% OF THE ESTIMATED CHARGES AND SHALL DEFER DEMAND FOR THE PAYMENT OF THE BALANCE OF ANY REMAINING CHARGES FOR A PERIOD OF 30 DAYS FOLLOWING THE DATE OF DELIVERY. |
| (2) | THIS RULE SHALL NOT APPLY ON SHIPMENTS BEING DELIVERED TO A WAREHOUSE FOR STORAGE AT SHIPPER’S REQUEST. |
Rule 515-16-6-.13 Certified Scales, Weighing Procedures, and Weight Tickets
| (1) | CARRIERS TRANSPORTING HOUSEHOLD GOODS SHIPMENTS SHALL DETERMINE THE WEIGHT OF EACH SHIPMENT TRANSPORTED UNDER THE WEIGHT AND DISTANCE SECTION OF THEIR TARIFFS PRIOR TO THE ASSESSMENT OF ANY CHARGES DEPENDING ON THE SHIPMENT WEIGHT. EXCEPT AS OTHERWISE PROVIDED IN THIS ITEM THE WEIGHT SHALL BE OBTAINED ON A CERTIFIED SCALE DESIGNED FOR WEIGHING MOTOR VEHICLES, INCLUDING TRAILERS OR SEMI-TRAILERS NOT ATTACHED TO THE TRACTOR, AND CERTIFIED BY AN AUTHORIZED SCALE INSPECTION AND LICENSING AUTHORITY. A CERTIFIED SCALE MAY ALSO BE A PLATFORM OR WAREHOUSE TYPE SCALE PROPERLY INSPECTED AND CERTIFIED. |
| (2) | EXCEPT AS OTHERWISE PROVIDED IN THIS RULE, THE WEIGHT OF EACH SHIPMENT SHALL BE OBTAINED BY DETERMINING THE DIFFERENCE BETWEEN THE TARE WEIGHT OF THE VEHICLE ON WHICH THE SHIPMENT IS TO BE LOADED PRIOR TO THE LOADING AND THE GROSS WEIGHT OF THIS SAME VEHICLE AFTER THE SHIPMENT IS LOADED; OR, THE GROSS WEIGHT OF THE VEHICLE WITH THE SHIPMENT LOADED AND THE TARE WEIGHT OF THE SAME VEHICLE AFTER THE SHIPMENT IS UNLOADED. |
| (3) | AT THE TIME OF BOTH WEIGH-INS THE VEHICLE SHALL HAVE INSTALLED OR LOADED ALL PADS, DOLLIES, HAND TRUCKS, RAMPS AND OTHER EQUIPMENT REQUIRED IN THE TRANSPORTATION OF SUCH SHIPMENTS. NEITHER THE DRIVER NOR ANY OTHER PERSONS SHALL BE ON THE VEHICLE AT THE TIME OF EITHER WEIGHING. |
| (4) | THE FUEL TANKS ON THE VEHICLE SHALL BE FULL AT THE TIME OF EACH WEIGHING OR, IN THE ALTERNATIVE, NO FUEL MAY BE ADDED BETWEEN THE TWO WEIGH-INS WHEN THE TARE WEIGHING IS THE FIRST WEIGHING PERFORMED. |
| (5) | THE TRAILER OF A TRACTOR-TRAILER VEHICLE COMBINATION MAY BE DETACHED FROM THE TRACTOR AND THE TRAILER WEIGHED SEPARATELY AT EACH WEIGHING PROVIDED THE LENGTH OF THE SCALE PLATFORM IS ADEQUATE TO ACCOMMODATE AND SUPPORT THE ENTIRE TRAILER AT ONE TIME. |
| (6) | SHIPMENTS WEIGHING 1,000 POUNDS OR LESS MAY BE WEIGHED ON A CERTIFIED PLATFORM OR WAREHOUSE SCALE PRIOR TO LOADING FOR TRANSPORTATION OR SUBSEQUENT TO UNLOADING. |
| (7) | THE NET WEIGHT OF SHIPMENTS TRANSPORTED IN CONTAINERS SHALL BE THE DIFFERENCE BETWEEN THE TARE WEIGHT OF THE CONTAINER, INCLUDING ALL PADS, BLOCKING AND BRACING USED OR TO BE USED IN THE TRANSPORTATION OF THE SHIPMENT AND THE GROSS WEIGHT OF THE CONTAINER WITH THE SHIPMENTS LOADED THEREIN. |
| (8) | THE SHIPPER OR ANY OTHER PERSON RESPONSIBLE FOR PAYMENT OF THE FREIGHT CHARGES SHALL HAVE THE RIGHT TO OBSERVE ALL WEIGHING OF THE SHIPMENT. THE CARRIER MUST ADVISE THE SHIPPER OR ANY OTHER PERSON ENTITLED TO OBSERVE THE WEIGHING OF THE TIME AND SPECIFIC LOCATION WHERE EACH WEIGHING WILL BE PERFORMED AND MUST GIVE THAT PERSON A REASONABLE OPPORTUNITY TO BE PRESENT TO OBSERVE THE WEIGHING. WAIVER BY A SHIPPER OF THE RIGHT TO OBSERVE ANY WEIGHING OR REWEIGHING IS PERMITTED AND DOES NOT AFFECT ANY RIGHTS OF THE SHIPPER UNDER THESE REGULATIONS OR OTHERWISE. |
| (9) | THE CARRIER SHALL OBTAIN A SEPARATE WEIGHT TICKET FOR EACH WEIGHING REQUIRED UNDER THIS ITEM EXCEPT WHEN BOTH WEIGHS ARE PERFORMED ON THE SAME SCALE, ONE WEIGHT TICKET MAY BE USED TO RECORD BOTH WEIGHS. EVERY WEIGHT TICKET MUST BE SIGNED BY THE PERSON PERFORMING THE WEIGHING AND MUST CONTAIN THE FOLLOWING MINIMUM INFORMATION:
|
| (10) | THE ORIGINAL WEIGHT TICKET OR TICKETS RELATING TO THE DETERMINATION OF THE WEIGHT OF A SHIPMENT MUST BE RETAINED BY THE CARRIER AS PART OF THE FILE ON THE SHIPMENT. ALL FREIGHT BILLS PRESENTED TO COLLECT ANY SHIPMENT CHARGES DEPENDENT ON THE WEIGHT TRANSPORTED MUST BE ACCOMPANIED BY TRUE COPIES OF ALL WEIGHT TICKETS OBTAINED IN THE DETERMINATION OF THE SHIPMENT WEIGHT. |
| (11) | RE WEIGHING OF SHIPMENTS. BEFORE THE ACTUAL COMMENCEMENT OF THE UNLOADING OF A SHIPMENT WEIGHED AT ORIGIN AND AFTER THE SHIPPER IS INFORMED OF THE BILLING WEIGHT AND TOTAL CHARGES, THE SHIPPER MAY REQUEST A REWEIGH. THE CHARGES SHALL BE BASED ON THE REWEIGH WEIGHT. |
IMPORTANT NOTICE:
Unless otherwise specified, the customer expressly releases the shipment to a declared value of $0.60 per pound, per article, per move. Carriers maximum liability is $300, and shall continue during all services rendered, Rates for increase in coverage are available by a 3rd party carrier. If interested it is solely the customer’s financial responsibility to purchase. North Point Movers LLC, recommends Movinginsurance.com or call 888-893-8835.
In the event of litigation, the customer agrees that the venue lies within the state of Georgia. We are not responsible for damages to items packed by others which require safe handling mirrors, marble, glass tops, lamps or lamp shades, mattresses, and all other unpacked fragile items, as well as breakables packed in a carton/box by customer. Furthermore, all functions of electrical and mechanical appliances include, but not limited to, computers, refrigerators, stereos, washes /dryers, etc. Unless there is visible outward damage.
** WE DO NOT COVER DAMAGES TO STAINLESS STEEL REFRIGERATORS**If for any reason customers items are left in a moving truck overnight, a charge of $385 per night is applicable.
Please be prepared to pay your bill after the move is completed with all your items from the moving truck. Acceptable forms of payment are cash or credit/debit cards and Venmo. We DO NOT ACCEPT CHECKS FOR LONG DISTANCE MOVE.
North Point Movers do not install nor do we disconnect or reconnect.
Any appliances which include but are not limited to; washer/dryer, refrigerator, freezers, microwave, etc. You may request the movers install these such items, if so you understand North Point Movers LLC, and their movers are NOT RESPONSIBLE for any damages that may occur. We recommend hiring a professional.
By accepting us for your next you agree that NORTH POINT MOVERS will not be held reliable if such damages occur during installation of requested installment of appliances.
DIFFICULT ACCESS EXCEPTIONS: I understand that the movers in attempting to get a piece of furniture into or out of an area that is said to have difficulty entering or exiting from is not insured. The said piece(s) and the property damage that may incur is not insured in this event. I hereby knowingly accept all responsibility to any and all damages that may incur to existing property such as walls, banisters, doorways, light fixtures, fans, etc. and all floor coverings. le. carpet, wood, linoleum, laminate, tile. In this instance, any kind of damage to the furniture or property is not covered or the responsibility to the movers.
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This contract is subject to all the rules, regulations, rates and charges, in currently effective applicable tariff on file with the
GEORGIA DEPARTMENT OF PUBLIC SAFETY
including, but no limited to, the following terms and conditions:
SECTION 1.The carrier shall be liable for physical loss of or damage to any articles from external cause while being carried or held in storage in transit EXCEPT for condition or flavor of perishable articles, and EXCEPT documents, currency, money, jewelry, watches, precious stones or articles of extraordinary value which are not specifically listed on the bill of lading, and EXCEPT loss or damage caused by or resulting:
(a) From an act, omission or order of shipper;
(b) From insects, moth, vermin and ordinary wear and tear;
(c) From defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein;
(d) From (1) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an
actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or using military, naval or air forces; or (B) by military, naval or air forces; or (C) by any agent of any such government, power, authority of forces, (D) acts of terrorism; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade;
(e) From strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder;
(f) From Acts of God. SUBJECT, in addition to the foregoing, to the further following limitations on the carrier’s liability: The carrier’s maximum liability shall be either”
(1) Actual cash value provides for reimbursement for loss or damages not exceeding Three hundred ($300.00) dollars per move, based on depreciated value at the time of loss or damages. Should goods be involved in a catastrophe such as a fire, accident or any other nature, the Carrier will assume liability not to exceed Twenty-five hundred ($2500.00) dollars.
(2) Full Value Protection provides coverage based on current replacement value at the time of loss or damage, up to the dollar amount of valuation declared by the shipper.
SECTION 2. The carrier shall not be liable for delay caused by highway obstruction, faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than negligence of the carrier; nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch.
Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the point of destination.
SECTION 3. Shipper shall: (a) Be liable for any and all charges applicable under carrier’s tariffs, and pay therefore as provided in said tariff; and
(b) indemnity carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.
SECTION 4. If for any reason other than the fault of carrier, delivery cannot be made at address shown on the face hereof, or at any changed address of which carrier has been notified, carrier, at its option, may cause articles contained in shipment to be stored in a warehouse selected by it at the point of delivery or at other available points, and there held without liability on the part of the carrier, at the cost of the owner, and subject to a lien for all accrued tariff and other lawful charges.
SECTION 5. If shipment is refused by consignee at destination, or if shipper, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by United States mail addressed to shipper and consignee at post office addresses shown on face hereof, or if shipper fails or refuses to pay lawfully applicable charges in accordance with carrier’s applicable tariff, carrier may sell the property at its option, either (a) upon the notice and in the manner authorized by law, or (b) at public auction to highest bidder for cash at a public sale to be held at a time and place named by carrier, thirty (30) days’ notice of which sale shall have been given in writing to shipper and consignee, and there shall have been published at least once a week for two consecutive weeks in a newspaper in general circulation at or near the place of sale, a notice thereof containing a description of the property as described in the bill of lading, and the names of the consignor and consignee.
The proceeds of any sale shall be applied toward payment of lawful charges applicable to shipment and toward expenses of notice, advertising and sale, and of storing, caring for and maintaining property prior to sale, and the balance, if any, shall be paid to the owner of the property;
PROVIDED that any perishable articles contained in said shipment may be sold at public or private sale without such notices, if, in the opinion of the carrier, such action is necessary to prevent deterioration or further deterioration.
SECTION 6. As a condition precedent to recovery, a claim for any loss or damage, injury or delay, must be filed in writing with carrier within ninety (90) days after a reasonable time for delivery has elapsed; and suit must be instituted against carrier within two (2) years and on (1) from the date when notice in writing is given by carrier to the claimant that carrier has disallowed the claim or any part or parts thereof specified in the notice. Where a claim is not filled or suit is not instituted thereon in accordance with the foregoing provisions, carrier shall be liable and such a claim will not be paid.