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B-189597 1 (1980-01-29)

handle is hein.gao/gaobactyt0001 and id is 1 raw text is: .34 V LU U c\ I ,, (46 GA0 United States General Accounting Office Washington, DC 20548 Richardson Transfer & Storage International Division 992 East Artesia Blvd, Long Beach, California 90805 Attention: Co., Office of General Counsel In Reply Referto:B -189597 January 29, 1980 Inc. Brian M. Lowder Gentlemen: Subject: Your request for clarification of decision to McNamara-Lunz Vans and Warehouses, Inc,, 57 Comp. Gen. 415 (1978) The McNamara-Lunz decision involved a shipment of house- hold goods which was packed and picked up and moved into non- temporary storage in Texas. Approximately one month later the goods were picked up fE'.om storage by McNamara-Lunz without unpacking to inspect the goodp.. On delivery 'at destination in Texas loss and damage wa's reported. The dAmages were recovered from McNamara-Lunit by offset, and that carrier claimed refund, arguing that the caLTier was nit obligated to unpack and inspect the goods on pickup from storage. We disallowed the claim, holding that although the carrier is not obligated by its contract to unpack and inspect the goods, it is liable for any loss or damage which occurs in transit, A prima facie case of the liability of 'the carriew was established by showing failure to deliver the qoods at destination in the sums quantity and quality as received by the carrier at origin. The carrier had no evidence to rebut legal goods presumption were in its that the loss possession. or damage occurred while You allege that: The decision is being usedby both the De- partment of the Army and the Department of the Air Force as support for the contention that unless sealed cartons, roeived from a storage warehouse, are opened, inspected and repacked the items are presumed to ft * * *~ 14/ ~. ~6 44/ I I * - 4.-.. 4.. a -.~ a. I the the mi A I . - f q

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