Arbitration of Claims and Complaints
Last Updated: 6/28/2013
Always feel free to contact the office of Southwest Moving if you have any questions or concerns. In the event that you are not satisfied with any part of your move, you may file a complaint or claim with the office. A complaint is any general concern that you may have with staff or services, and a claim is any concern involving monetary issues. Your feedback is always welcome.
All claims are separated into three categories:
I. Overcharges: any disagreement in the price charged. Shippers may only present a valid claim if charges exceed 110% of the non-binding estimate and there are additional charges that have been presented during the move that you, the shipper, did not request or sign for.
II. Breakages, Damages, or Losses: Save for any damage caused by events advised as “impractical”, if an employee of Southwest Moving has caused any damage to the inventory of a shipper’s, Southwest will either make its best effort to either fix or reimburse the shipper for damages or fixing said damages. Any error may first be deducted from the shipper’s individual moving insurance as selected during the move.
III. Delivery Issues: Applies if movers or its agents have made error in either shipping time or location.
Shippers have nine months by from the date of delivery to file a claim, in writing, to the carrier. Upon receipt, the Southwest Moving will investigate the claim and corresponding paperwork and respond, with postmark, within 20 calendar days. Southwest Moving will make its best efforts to solve any claims and concerns to the customer’s satisfaction and, as long as both parties act in good faith, hopes to reach an agreement as quickly as possible. Payment for claims are subject to limitations of liability as described on the Bill of Lading and in accordance with the liability option selected by the shipper.
If the shipper feels that the claims process was not adequate, the shipper may proceed to request arbitration. The shipper must notify Southwest Moving a letter of intent to arbitrate through certified mail. Southwest Moving will use FORUM (National Arbitration Forum) as its neutral, third party mediator. If the shipper prefers a different mediator, they may recommend a preferred mediator. If Southwest Moving, at its discretion, chooses not to use the preferred mediator, the two parties will continue to use FORUM. When entering the process of the court, Southwest Moving will send the necessary paperwork, within 20-calendar days of receiving the claim, to begin the process. the shipper is responsible for up to 50% of the administrative fees of any arbitration program, with the total amount pending the amount being discussed.
Arbitration is an alternative to courtroom litigation. It provides each party to the dispute an opportunity to present their case and allows a neutral third party arbitrator to make a decision as to the merits of each case. Shipper must relinquish any rights to jurisdiction in any other State than Texas.
The FORUM mediation information may be found here.