I am looking for the laws regarding transferal of a moving contract/job between one moving company and another moving company before pickup of furniture. any information on the acutal law (or where to find it), are needed.
allow me to give you an example:
1) i book a move with xyz moving, with a home office in ca. This company is licensed with a dot and a puc number. xyz moving does not have a broker's license.
2) xyz moving company transferrs the contract to pqr moving, also licensed but without the broker's license, with a home office in ca. I am not informed of the change beforehand, and discover said change when pqr moving arrives at my home.
I would really like to know if it is legal for a moving company to book a job with me, accept a depost, then transfer the job to another company to actually move me. and which specific laws (if any), must be followed if a transfer is legal.
you can e-mail me for more details!
Please answer
r.
2007-10-30 13:22:48 · 4 answers · asked by poteatr 1 in Politics & Government ➔ Law & Ethics
You MUST look at your contract with xyz moving company. Read the fine print front and back... If it allows transfering your contract, then they can do it.
2007-10-30 13:29:32 · answer #1 · answered by Dina K 5 · 1⤊ 0⤋
"Delegation" is the legal term for what you describe.
Unless the terms of the agreement specify otherwise, contractual duties are freely delegable in most cases. An exception is a contract for services that are exceptionally unique or personal. For instance, if I contract with A-Rod to play on my baseball team for two years, A-Rod cannot turn around and delegate his contractual duty to another player. A-Rod's services are simply too unique to be legally delegable.
Delegations occur all the time. Think of a building contractor. You may contract with Beazer Homes to build a custom home for you. But Beazer is not going to perform 100% of the building. Beazer will delegate a large portion of its duties to independent subcontractors.
xyz is still legally obligated to ensure that the move is completed as agreed. If there is a problem, you can still sue xyz.
2007-10-30 21:44:40 · answer #2 · answered by Mr Placid 7 · 0⤊ 0⤋
The fine print in your contract will usually disclose what companies choose to do while not choosing to tell you... Despite even that, they may choose alternatives not found in the fine print...
It is very common for any trucking company to swap loads or semi-boxes to another carrier and it is done as a cost saving tool for those companies. Otherwise, they would have to charge you for round trip transportation when they have no load to bring back home...
The important thing is that you receive your goods in their original condition and they arrive within a "reasonable" time that was promised as even a contracted delivery date means nothing due to the variables of conditions of transportation that trucking companies are forced to contend with......
2007-10-30 21:02:40 · answer #3 · answered by farplaces 5 · 1⤊ 0⤋
Short form: As others have said, your CONTRACT is the law. As long as your items are picked up and delivered at the agreed times and are not damaged in transit, why do you care who actually moves them? You pay the agreed price and receive the agreed service.
2007-10-30 21:21:55 · answer #4 · answered by STEVEN F 7 · 0⤊ 0⤋