HOUSEHOLD GOODS CARRIER LIMITATION OF LIABILITY

1) Section 1 – General Provisions.

(A) For the purposes of this subsection, the following terms will mean:
(I) Household goods carrier – the motor carrier/mover contracted to transport a shipment of household goods.
(ii) Shipper – the owner of the household goods shipment or his representative.
(B) Changes to the moving service contract are not valid unless agreed to in writing by the household goods carrier and the shipper.
(C) Household goods carriers will transport shipments with reasonable dispatch. Reasonable dispatch requires the transportation of a shipment within the agreed period of time shown on the moving services contract, except when circumstances beyond the carrier’s control, force majeure, prevent or delay transportation.
(D) Moving services contracts must comply with all other applicable, laws of the State of Texas.

(2) Section 2 – Cargo Liability Provisions.

(A) The household goods carrier is liable for any loss or damage to the shipment except as listed in subparagraphs (B) and (C).
(B) The household goods carrier is not responsible for loss, damage, or delay due to acts of God, acts of civil authorities, defects in the shipment, a riot, a strike, or an act or default of the shipper.
(C) The household goods carrier is not liable for loss of damage caused by dangerous or explosive goods unless the shipper notifies the carrier, in writing, or the nature of the goods and the carrier agrees, in writing, to the transportation of these goods.
(D) Changes to the moving service contract are not valid unless agreed to in writing by the household goods carrier and the shipper.

(3) Section 3 – Claims Provisions.

(A) A written claim must be filed by the shipper within 90 days of delivery of the shipment to the final destination. In case of failure to make delivery, then a written claim must be filed by the shipper within 90 days after a reasonable time for delivery has elapsed.
(B) A household goods carrier is not liable for any claims not filed within 90 days of the delivery of the shipment to the final destination. A household goods carrier is not liable for any claim that is not filed within 90 days after a reasonable time for delivery has elapsed for shipments that were not delivered.

(4) Section 4 – Payment Provisions.

The shipper must pay freight charges upon delivery unless the shipper and the household goods carrier agree other-wise.

(5) Section 5 – Provisions for Shipment Not Delivered.

(A) A household goods carrier may place a shipment of household goods into storage if the shipper is not available for delivery of the goods as scheduled.
(B) The cost of such storage is the responsibility of the shipper of the household goods.
(C) A shipment of household goods placed in storage is subject to liens for storage, freight, and other lawful charges.
(D) A household goods carrier must issue written notice of the storage of the household goods to the shipper at each address shown on the moving service contract within three days of placing the goods in storage.
(E) If the shipper refuses to accept or does not claim the household goods within the 15 days of the written notice of storage, the household goods carrier may begin the process of selling the goods at public sale, as prescribed in Transportation Code. Chapter 6.
(F) A household goods carrier must give written on the notice the public sale to the shipper at each address shown on the moving services contracted.
(G) The moving services contract does not prohibit the sale of the goods under any other lawful manner if the method set out in the contract cannot be reasonably accomplished.