HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadhqi0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISION OF THE UNITED STATES
VWASHINGTON, D.C. 2O548
FILE: B-192002 DATE: September 26, 1979
MATTER OF: Delta Steamship Lines, Inc. )70
DIGEST:
Since there is no indication in legislative history
that Congress in amending Shipping Act, 1916, intended
to repeal statutory and regulatory scheme which on
shipments moving under Government bills of lading
requires delivery to destination to earn freight charges,
contrary provisions in carrier's LASH bill of lading are
ineffective to support payment of additional freight
charges.
Delta Steamship Lines, Inc. (Delta), requests review by the
Comptroller General of the General Services Administration's (GSA)f4
settlement action which disallowed Delta's claim for additional
frei ht 4 C.F.R. 53.3 (1978). GSA's action was taken on eight
shipments of Department of Defense cargo transported from New
74ty Orleans, Louisiana, to various points in South America under
Government bills of lading (GBL).
While en route to Salvador, Brazil, the vessel performing
the initial carriage, the SS Delta Norte, sustained machinery
damage and had to be towed to Oranjestad, Aruba. Because parts
necessary for repair would be unavailable for several months,
the voyage was abandoned and the cargo was transshipped from
Oranjestad, Aruba, to destination on the SS Delta Brasil.
Delta claims that, pursuant to provisions 10 and 16 of its
LASH bill of lading, transshipment of the cargo from Aruba
to destination entitles it to receipt of a second freight. The 647
shipper, Mi - r alift Command Gulf Subarea, denied Delta's
claim contending that under a Government bill of lading freight
is at the risk of the vessel which means that cargo must be de-
livered to destination before freight is earned. It contends
that Delta must bear the cost of transshipment in order to earn
the original freight. GSA concurs in the denial of Delta's claim
for the cost of transshipment. Delta collected ocean freight
charges of $4,242.98 under the original Government bills of
lading and was denied additional ocean freight charges of
$3,815.76 for the voyage from Aruba to destination.
The reverse of the covering GBL's Standard Form 1103,
January 1974, provides that [e]xcept as provided in 4 C.F.R.](ViewImageLocal?handle=hein.gao/gaobadhqi0001&div=1&collection=&method=preview&ext=.png&size=3)