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B-261108 1 (1996-05-02)

handle is hein.gao/gaocrptadqk0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Swiftmode Forwarding Company File: B-261108 Date: May 2, 1996 DIGEST Once the shipper has established a prima facie case, carrier is liable for lost items when the carrier has failed to establish that they were not tendered. Items were listed on the original inventory and not identified as missing on the rider at the time the carrier received the goods. Although member was unable to identify the items by number at the time of delivery, member gave timely notice of missing items. Carrier's refund claim is denied. DECISION Swiftmode Forwarding Company, Inc., through its agent, National Claims Services, requests review of our Claims Settlement Certificate Z-2862336.7, Mar. 23, 1995, denying it a refund of $444.00 set off by the Army from funds due Swiftmode for loss and damage to the household goods of an Army member, John D. Stephens. We affirm the Settlement Certificate. Swiftmode picked up the shipment of the member's household goods from nontemporary storage in Oakland, California, and delivered it to Fort Stewart, Georgia, on January 31, 1992. Two missing items are at issue in this case, a dining room table and a futon mattress.1 Both were identified by the shipper as missing at the time of delivery. At the time of delivery, the member's wife noted on the DD Form 1840 (Joint Statement of Loss or Damage at Delivery) that a dining room table and accompanying leaf were missing from the shipment of household goods. The words not on inventory are found on the Form 1840, next to the listing of the dining room table. However, the member subsequently filed a timely DD Form 1840R 'A futon mattress is a large cushion-like mattress which covers a frame. Often, one side of the frame folds up or down and the combination of the mattress and frame is used as a bed or couch. 31751

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