Annex F – HG&E Replacement Cost Protection and Claims Process

Filing a Claim

Your Responsibilities:

  • submit your claim within 90 calendar days of the delivery date. You are only permitted to submit one claim, therefore it is vital that the claim is complete as no supplementary claims will be entertained.
  • If you do not have the original receipts for the items you are claiming, it is your responsibility to research and provide substantiation for the cost of the like items you are proposing as replacements.
  • As a start-state, it is highly recommended that you claim the full replacement cost of the damaged item; once the claim has been submitted this amount cannot be increased.  This amount may be reduced if the item is repaired or if an “appearance allowance” is offered.
  • Be aware that the typical process when replacement is approved is for the carrier to provide you with a check for 50% of the agreed upon replacement cost.  Once the item is purchased the shipper provides the carrier with the receipt.  The carrier then forwards the remaining 50% of the replacement cost.
  • Do not proceed with repairs, replacement or disposal of any damaged or missing items as the Carrier reserves the right to inspect and to appoint repair firm(s) if required.
  • Although the Carrier will make every effort to settle your claim fairly, you may not agree with the assessment. If this is the case, you should contact the Carrier in writing and request a review of your proposed settlement as soon as possible.
  • check your Pre-Move Information Package for a list of exclusions and exceptions to the RCP coverage.
  • contact the Carrier, using the number in your Pre-Move Information Package, if there is damage to your property at any stage of the move. Claims for damage to property are not included in your RCP coverage.  Also, note any damage to your property on your Inventory, Bill of Lading or packing/unpacking certificate.

Carrier’s Responsibilities:

  • assign one account manager to oversee the claim process.
  • provide a consistently high level of claims settlement satisfaction.
  • provide in writing, clear and concise instructions outlining how to file a claim and the subsequent claims process.
  • provide a Statement of Claim form to the Shipper within 5 business days of the request to submit a claim.
  • assist the Shipper when required, to complete the Statement of Claim form.
  • provide the Shipper with a main point of contact (account agent) to oversee and provide guidance regarding the claims settlement process.
  • follow-up with the Shipper regarding any improperly documented claims within 2 business days of receipt.
  • provide the Shipper an agreeable settlement offer within 45 business days of receipt of the properly documented HG&E claim.
  • provide the Shipper a fully itemized report with each settlement cheque, with full explanation of any denials.

Replacement Cost Protection

  1. The Contractor shall:
    1. provide replacement cost protection (RCP), as hereinafter described, for physical loss or damage that is attributable to Contractor mishandling and incidents which occur during pre-packing, packing, loading, transportation, storage, unloading and unpacking of the Shipper’s HG&E. 
    2.  be responsible for RCP for all phases of the move regardless of who is providing the service on the Contractor’s behalf.
  2. The coverage for shipments in transit, local or long haul, lots in long term storage shall be a minimum of $100,000 per shipment for all shipments weighing 10,000 lbs or less.  For shipments over 10,000 lbs, the coverage shall be calculated at the rate of $10.00 per lb computed on the actual weight.  In the event of a catastrophe, resulting in the total, or all but total, loss of the shipment or lots in long term storage, this coverage shall apply to each shipment in transit and lots in long term storage.  The amount of this coverage is exclusive of taxes.
  3. The coverage shall extend from packing at origin to unpacking at destination including storage in transit up to 120 days or SIV, notwithstanding the mode of transportation employed, which may include transportation of third party common providers, government conveyances and private vehicles.
  4. When the Shipper would like additional RCP coverage because the government provided RCP is not sufficient for the value of the goods, the Contractor shall make it available.
  5. The Contractor shall be liable for replacement/repair costs for damage to the Shipper’s major articles and appliances that were certified to be in operating condition at origin, but were not in operating condition at destination unless it can be proved that the damage is not move related. 
  6. The following items are excluded from the RCP coverage:
    1. Accounts, bills, deeds, evidence of debt, letters of credit, passports, documents, house plants, green ware, stamp and coin collections, airline or other tickets, postage stamps, money, currency, bullion, notes, securities, manuscripts, parchments, awards, certificates, mechanical drawings, dies or patterns, precious stones, jewellery, dried flowers, or aircraft parts; 
    2. Loss or damage caused by, or resulting from, inherent vice or by wear and tear, unless the deterioration is a direct result of improper storage by the Contractor;
    3. Loss or damage caused by war, invasion, act of a foreign enemy, hostilities (whether war has been declared or not), civil war, rebellion, revolution, insurrection or military power;
    4. Loss or damage caused by contamination by radioactive material;
    5. Loss of market value to antiques, works of art, or other related high-value items that have been damaged and repaired by the Contractor;
    6. Computer down time, TV rentals and other related losses;
    7. Emotional upset or stress, or the loss or damage of items that have intrinsic value such as a family album, keepsakes, heirlooms, etc; and
    8. Telephone calls travel, and personal time expended settling a claim.
  7. For purposes of this contract, the date of discovery of the loss or damage by the Shipper, or reported to the Shipper by the Contractor, shall be deemed to be the date the loss or damage occurred;
  8. The settlement shall be based on the lesser of the cost to repair the item(s) with new materials of like kind and quality or the cost to replace the item(s), including all applicable taxes if incurred;
  9. In order to expedite a claim the Contractor may offer a reasonable appearance allowance for minor damage, such as a small scratch or dent, to an article, which the Shipper does not wish to have repaired or replaced.  In such instances the liability of the Contractor shall be limited to the lesser of the cost to repair (including all applicable taxes if incurred) or the depreciated value of the item;
  10. Loss or damage to recreational vehicles, the Contractor shall not be liable for more than the Canadian Blue Book value dated the month of loading, or the professionally appraised value.  The Contractor will repair the item(s) with material of like kind and quality;
  11. Repair or replacement costs shall not normally be paid for minor damage to articles such as garden tools, lawnmowers, snow blowers, sports equipment, boats, canoes, etc. which can sustain damage such as scratching, denting, chipping and marring during normal use.
  12. All costs associated with obtaining any repair estimates or other documentation required shall be paid by the Contractor;
  13. In the event that a shipment cannot be delivered due to major loss or damage, the Contractor is to take immediate action to permit the Shipper to move into the residence, commence housekeeping (i.e. sleeping, the preparation and consumption of meals), or be liable for the cost of commercial meals and lodgings, at the prevailing Treasury Board rates after the final day of the TTG; 
  14. In the event of loss or damage at a warehouse where it is impractical for the Shipper to be onsite, the Contractor shall advise the Shipper of the loss or damage in writing through the TA.  The Shipper shall have the option to:
    1. authorize the immediate repair or replacement of the loss or damage, subject to approval by a representative selected by the Shipper; or
    2. repair or replace the lost or damaged item when the Shipper is able to accept delivery of the LTS lot.
    3. Where the Contractor pays the replacement value of a damaged item, the damaged item becomes the property of the Contractor.

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Claim Settlement Process

  1. Once a Shipper has indicated their intent to submit a claim for loss or damages, the Contractor must commit to the claim settlement process. In all cases the Contractor shall:
    1. provide claim settlement services, and all related documentation, in either the official language (OL) of Canada of the Shipper’s choice;
    2. assign an account manager to oversee these services to provide a consistently high level of claims settlement satisfaction;
    3. clearly inform the Shipper in writing of the loss or damage claim process by providing clear and concise instructions outlining how they are to file a claim. The instructions must also include statutory limitations, indicate that the claim must be submitted within the 90 calendar days of the delivery date.  Outline settlement procedure(s) and the timelines that must be followed.  Flexibility in allowing claimants to modify claims for items that may not have been readily visible up to 90 calendar days after the unload day is required as is entertaining an extension when warranted by extenuating circumstances.
    4. provide a HG&E Statement of Claim form to the Shipper within 5 business days of the request to submit a claim.
    5. assist the Shipper, when required, to complete the Statement of Claim form, in certifying evidence of loss or damage, and fully answering questions regarding the completion of the form and the claim settlement process;
    6. provide the Shipper with a main point of contact (account agent) to oversee and provide guidance regarding the claims settlement process;
    7.  follow-up with the Shipper regarding any improperly documented claims within 2 business days of receipt;
    8. provide the Shipper an agreeable settlement offer within 45 business days of receipt of the properly documented HG&E claim
    9. entertain an extension to the claim filing time limits when extenuating circumstances such as a quick posting, deployment or other similar situations; In such circumstances, advise the Shipper in writing that a Statement of Claim form must be received by the Contractor prior to the expiration of the applicable statute of limitation; and
    10. provide the Shipper a fully itemized report with each settlement cheque, with full explanation of any denials.
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