Consumer Resources

Please note: United First Class Moving and Storage is a properly licensed interstate broker with USDOT #: 4167466, and is not a carrier and will not transport an individual shipper’s household goods, but will coordinate and arrange for the transportation of household goods by an FMCSA authorized motor carrier, whose charges will be determined by its published tariff. All estimated charges and final actual charges will be based upon the motor carrier’s tariff which is available for inspection from the carrier upon reasonable request.

Binding Estimates: A binding estimate guarantees that you cannot be required to pay more than the amount on the estimate. However, if you add additional items to your shipment or request additional services, you and your mover may: agree to abide by the original binding estimate, negotiate a new binding estimate or convert the binding estimate into a non-binding estimate. If the mover does not give you a new binding estimate in writing, or agree in writing to convert the binding estimate to a non-binding estimate before your goods are loaded, the original binding estimate is reaffirmed. Under these circumstances, your mover should not charge or collect more than the amount of the original binding estimate at delivery for the quantities and services included in the estimate. If there are unforeseen circumstances (such as elevators, stairs, or required parking permits) at the destination the mover can bill you for these additional expenses after 30 days from delivery. Charges for services required as a result of impracticable operations (defined at the end of this booklet) are due at delivery, but may not exceed 15 percent of all other charges due at delivery; any remaining charges will be billed to you with payment due in 30 days. If you are unable to pay 100 percent of the charges on a binding estimate, your mover may place your shipment in storage at your expense until the required charges (including the cost of the storage) are paid. Your mover may charge a fee to prepare a binding estimate.

“Contract for service” or “bill of lading” means a written document prepared by a registered mover which is approved and electronically acknowledged or signed by the shipper in writing before the performance of any service by the mover and which authorizes services from the named mover to perform and lists the services and lists all costs associated with the household move and accessorial services to be performed. “Estimate” means a written document prepared by a registered mover that sets forth the total costs and describes the basis of those costs, relating to a shipper’s household move, including, but not limited to, the loading, transportation or shipment, and unloading of household goods and accessorial services. “Moving broker” or “broker” means a person who, for compensation, arranges with a registered mover for loading, transporting or shipping, or unloading of for another person to load, transport or ship, or unload household goods as part of a household move or who, for compensation, refers a shipper.

Your Mover’s Liability and Your Claims In general, your mover is legally liable for loss or damage that occurs during the transportation of your shipment and all related services identified on the bill of lading. The extent of your mover’s liability is governed by the Surface Transportation Board’s Released Rates Order. You may obtain a copy of the current Released Rates Order by visiting the Surface Transportation Board’s website at: http://www.stb.dot.gov/Decisions/readingroom.nsf/(search-10.192.5.24-19306)?OpenView&Count=5000. In addition, your mover may, but is not required to, offer to sell you separate third-party liability insurance. All moving companies are required to assume liability for the value of the household goods they transport. However, there are two different levels of liability that apply to interstate moves Full (Replacement) Value Protection and Waiver of Full (Replacement) Value Protection – Released Value. It is important you understand the charges that apply and the amount of protection provided by each level.

Third Party Insurance If you purchase separate third party cargo liability insurance from, or through your mover, the mover is required to issue a policy or other written record of the purchase and to provide you with a copy of the policy or other document at the time of purchase. If the mover fails to comply with this requirement, the mover is liable for any claim for loss or damage attributed to its negligence. Shipments transported under a mover’s bill of lading are subject to arbitration in the event of a dispute over loss or damage claims. However, disputes with third party insurance companies might not be subject to arbitration in the event of disputed loss and damage claims as those companies are not within the jurisdiction of the FMCSA. Third party insurance companies are subject to the regulations of the States in which they are licensed.

LIABILITY LIMITATIONS; VALUATION RATES.— A mover may not limit its liability for the loss or damage of household goods to a valuation rate that is less than 60 cents per pound per article. A provision of a contract for moving services is void if the provision limits a mover’s liability to a valuation rate that is less than the minimum rate under this subsection. If a mover limits its liability for a shipper’s goods, the mover must disclose the limitation, including the valuation rate, to the shipper in writing at the time that the estimate and contract for services are executed and before any moving or accessorial services are provided. The disclosure must also inform the shipper of the opportunity to purchase valuation coverage if the mover offers that coverage under subsection

507.05 Estimates and contracts for service.–Prior to providing any moving or accessorial services, a contract and estimate must be provided to a prospective shipper in writing, must be signed and dated by the shipper and the mover, and must include:

• (1) The name, telephone number, and physical address where the mover’s employees are available during normal business hours.

• (2) The date the contract or estimate is prepared and any proposed date of the move.

• (3) The name and address of the shipper, the addresses where the items are to be picked up and delivered, and a telephone number where the shipper may be reached.

• (4) The name, telephone number, and physical address of any location where the goods will be held pending further transportation, including situations where the mover retains possession of goods pending resolution of a fee dispute with the shipper.

• (5) An itemized breakdown and description and total of all costs and services for transportation and accessorial services to be provided during a move or storage of household goods.

• (6) Acceptable forms of payment. A mover shall accept a minimum of two of the three following forms of payment:

  • (a) Cash, cashier’s check, money order, or traveler’s check;

  • (b) Valid personal check, showing upon its face the name and address of the shipper or authorized representative; or

  • (c) Valid credit card, which shall include, but not be limited to, Visa or MasterCard.

A mover shall clearly and conspicuously disclose to the shipper in the estimate and contract for services the forms of payments the mover will accept from those categories described in paragraphs (a)-(c). History.–s. 5, ch. 2002-53; s. 64, ch. 2003-1.

VALUATION COVERAGE.— A mover may offer valuation coverage to compensate a shipper for the loss or damage of the shipper’s household goods that are lost or damaged during a household move. If a mover offers valuation coverage, the coverage must indemnify the shipper for at least the minimum valuation rate required under subsection (5) (4). The mover must disclose the terms of the coverage to the shipper in writing at the time that the estimate and contract for services are executed and before any moving or accessorial services are provided. The disclosure must inform the shipper of the cost of the valuation coverage, the valuation rate of the coverage, and the opportunity to reject the coverage. If valuation coverage compensates a shipper for at least the minimum valuation rate

507.04 Cargo legal liability valuation and insurance coverage.–

(1) A mover operating in this state shall maintain current and valid cargo legal liability valuation and insurance coverage which includes:

• (a) Coverage for cargo legal liability for loss or damage to household goods arising or resulting from the negligence of the mover, its employees, or agents, in an amount not less than $10,000 per shipment.

• (b) Motor vehicle coverage, including combined bodily injury and property damage liability coverage in the following minimum amounts:

  • 1. Fifty thousand dollars per occurrence for a commercial motor vehicle with a gross weight of less than 35,000 pounds.

  • 2. One hundred thousand dollars per occurrence for a commercial motor vehicle with a gross weight of more than 35,000 pounds, but less than 44,000 pounds.

  • 3. Three hundred thousand dollars per occurrence for a commercial motor vehicle with a gross weight of 44,000 pounds or more.

• (c) A limitation on the release of a mover’s liability for the value of a shipper’s goods at a rate not less than 60 cents per pound per article. This limitation of liability shall be disclosed to the shipper in writing at the time the estimate or contract for services is executed prior to the provision of any moving or accessorial services. The disclosure shall also inform the shipper of the opportunity to reject or select additional valuation, including the cost and coverage of such additional valuation.

(2) All insurance coverages required under subsection (1) shall be issued by an insurance company or carrier duly authorized to transact business in the State of Florida. The department shall require a mover to present a certificate of insurance of the required coverages prior to issuance of a registration certificate, or renewal thereof, under s. 507.03. The department shall be named as a certificate holder in the certificate and shall be notified at least 30 days in advance of any changes in insurance coverage. History.–s. 4, ch. 2002-53; s. 13, ch. 2003-132.

CLAIMS & DAMAGES

United First Class Moving and Storage, as a licensed interstate broker, is not responsible for any acts or omissions of the carrier or its employees or agents. Customer agrees to exclusively pursue the carrier directly for all claims for property damage, including without limitation, any claims of damage to property, lost or stolen goods, delayed pickup or delivery, actions of estimators, drivers, packers, or movers, or other types of claims. Carrier shall not be liable for the loss or damage of the goods unless a claim is made in writing supported by proof of ownership, value, and weight. As a condition precedent, all outstanding monies due for services must be paid in full before any claim can be made. Claims must be filed within 9 months of delivery or demand thereof is refused and must be limited to the destination descriptions of damages for each item on the inventory logs. All damages and missing items must be noted on the inventory logs. Damage indications must specify each item damaged at the time of delivery.

NOTE: Customer has agreed to receive and subsequently received the FMCSA publications “Ready to Move? – Tips for a Successful Interstate Move” and “Your Rights and Responsibilities When you Move” via hyperlink and accessed the Federal consumer protection information on the Internet. Additionally, In accordance with 49 CFR § 371.113(c)(1), customer agrees to waive a physical survey of the household goods and alternatively agrees to receive a Binding Estimate based upon the customer provided item list of property to be transported and services ordered. The terms of this estimate and all services to be provided are subject to the carrier’s tariffs, incorporated by reference and available for inspection upon reasonable request at the carrier’s offices.

ABBREVIATIONS and DEFINITIONS

Chapter 507, F.S., governs the loading, transportation, shipment, unloading, and affiliated storage of household goods as part of intrastate household moves. The chapter applies to any mover or moving broker engaged in intrastate transportation or shipment of household goods that originates and terminates in Florida.12 These regulations co-exist with federal law, which governs interstate moving of household goods.13 A “mover” is a person who, for compensation, contracts for or engages in the loading, transportation, shipment, or unloading of household goods as part of a household move.14 A “moving broker” arranges for another person to load, transport, ship, or unload household goods as part of a household move or who refers a shipper to a mover by telephone, postal, or electronic mail, website, or other means.15 ‘Household move’ means the loading of household goods into a mode of transportation or shipment; the transportation or shipment of those household goods; and the unloading of those household goods, when the transportation or shipment originates and terminates at one of the following ultimate locations: From one dwelling to another; From a dwelling to a storehouse or warehouse that is owned or rented by the shipper or the shipper’s agent; or From a storehouse or warehouse that is owned or rented by the shipper or the shipper’s agent to a dwelling.

“Motor Carrier” or “Mover” or “Carrier” is the actual moving company performing packing, loading, storage, transportation, and offloading services. “Customer” or “Shipper” is the customer who contracted with the mover to perform interstate domestic moving services. “Broker” or “shipper’s agent” is the customer’s coordinator for the move who issues the estimate and brings the customer and the mover together. The broker is not a party to the contract for moving services (“bill of lading”) between the mover and the customer. Articles listed as follows: Articles listed as CP = Carrier Packed; PBO = Packed By Owner; PO = fragile item to be wrapped with Pads Only per customer.

“Moving broker” or “broker” means a person who, for compensation, arranges for another person to load, transport or ship, or unload household goods as part of a household move or who, for compensation, refers a shipper to a mover by telephone, postal or electronic mail, Internet website, or other means. The moving broker’s fees do not include the cost of the shipper’s household move, including, but not limited to, the loading, transportation or shipment, or unloading of household goods and accessorial services.”

It has been disclosed that the fee collected by United First Class Moving and Storage LLC is a broker fee. This is our fee for arranging a fully licensed/insured motor carrier to move/handle your household goods and possessions. “Compensation” means money, fee, emolument, quid pro quo, barter, remuneration, pay, reward, indemnification, or satisfaction.

The carrier charges will be paid C.O.D (unless arranged in advance to pay by credit or debit card) by you, the customer, to the independently owned carrier in two payments. The first half is due upon pickup and second half due upon delivery of your household goods at the intended destination address. United First Class Moving and Storage does not participate in the collection of carrier payments nor do we share in the proceeds of carrier charges. Once your payment is processed with us (required broker fee amount) we will immediately have our dispatch department initiate the process of locating a licensed and insured carrier to transport your household goods.

At the time of pickup up to 70% of the balance is due in the form of cash or postal money order to the motor carrier. If a customer would like to use a credit card at the time of pickup, United First Class Moving and Storage must be informed at the time of your reservation and the use of credit card must be added to your contract prior to your electronic signature. (Credit card use may be subject to a 5-8% processing fee). At delivery the balance is due prior to unloading in the form of Post Office Money Order or Cash only to the motor carrier. The carrier reserves the right to collect up to 70% of balance due prior to the goods leaving the origin state. Subject to federal law, payment in FULL of all charges is required before delivery and prior to unloading, Subject to the 110% law, if applicable. All charges are based on the carrier’s full tariff rates. If payment is not made then the carrier may place the goods in storage until payment is made; in such case the customer will be responsible for all storage and redelivery fees.

The customer agrees to pay the total charges for the moving coordinators services provided by United First Class Moving and Storage. The customer understands and agrees that the broker fee represents only a portion of the total estimated service, and for scheduling and routing purposes. The broker fee is non-refundable after 72 hours of placing the reservation for scheduling purposes unless approved by a manager.

“Household goods” or “goods” means personal effects or other personal property commonly found in a home, personal residence, or other dwelling, including, but not limited to, household furniture. The term does not include freight or personal property moving to or from a factory, store, or other place of business.

“Household move” or “move” means the loading of household goods into a vehicle, moving container, or other mode of transportation or shipment; the transportation or shipment of those household goods; and the unloading of those household goods, when the transportation or shipment originates and terminates at one of the following ultimate locations, regardless of whether the mover temporarily stores the goods while en route between the originating and terminating locations:

• (a) From one dwelling to another dwelling;

• (b) From a dwelling to a storehouse or warehouse that is owned or rented by the shipper or the shipper’s agent; or

• (c) From a storehouse or warehouse that is owned or rented by the shipper or the shipper’s agent to a dwelling.

(9) “Mover” means a person who, for compensation, contracts for or engages in the loading, transportation or shipment, or unloading of household goods as part of a household move. The term does not include a postal, courier, envelope, or package service that does not advertise itself as a mover or moving service.

(11) “Moving container” means a receptacle holding at least 286 cubic feet of volume which is used to transport or ship household goods as part of a household move.

(12) “Shipper” means a person who uses the services of a mover to transport or ship household goods as part of a household move.

(13) “Storage” means the temporary warehousing of a shipper’s goods while under the care, custody, and control of the mover. History.—s. 1, ch. 2002-53; s. 3, ch. 2006-4; s. 1, ch. 2011-121

NOTICE AND WAIVERS: In accordance with 49 CFR § 375.401(a)(2) and 49 CFR §371.113(c)(1), customer agrees to waive a physical survey in-home estimate of the household goods and alternatively agrees to receive a non-physical survey based written e-mail generated Binding Estimate based upon the customer provided item list of property to be transported and services ordered. Customer has agreed to receive and subsequently received the FMCSA publications “Ready to Move? – Tips for a Successful Interstate Move” and “Your Rights and Responsibilities When you Move” via e-mail hyperlink and accessed the Federal consumer protection information in the Internet.” The terms of this estimate and all services to be provided are subject to the carrier’s tariffs, incorporated by reference and available for inspection upon reasonable request at the carrier’s offices. Please refer to: “You’re Rights & Responsibilities When You Move” Brochure – Rights & Responsibilities as well as “Ready to Move” Brochure – Ready to Move”.

Authorized Motor Carriers

A properly licensed interstate broker, United First Class Moving and Storage, is not a motor carrier and will not transport an individual shipper’s household goods, but will coordinate and arrange for the transportation of household goods, and additional services, by an FMCSA authorized motor carrier.