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B-203529 1 (1981-07-08)

handle is hein.gao/gaobadjnm0001 and id is 1 raw text is: DECISION FILE: B-203529 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: July 8, 1981 MATTER OF: ABF Freight Systems, Inc. DIGEST: Item 120824 of National Motor Freight Classification, providing for application of released value ratings and liability limits to accessories, attachments and parts attached to internal combustion engines, presents no basis for distin- guishing B-185283, June 22, 1978, hold- ing that carrier's liability for damage to engines transported on released value ratings in item 120820 is limited to weight of entire engine and not to weight of damaged parts. ABF Freight System, Inc. (ABF), requests a review of our Claims Group's (file No. Z-2825760) disallowance of ABF's claim for $818.68. The claim represents the amount deducted by the Government by setoff to satisfy the Government's claim against ABF for damage sustained by two internal combustion engines while in transit under Government bill of lading (GBL) No. K-3427606. --That amount constitutes the actual cost to repair the damage to the oil pan of one of the engines and to the oil pan and cold start coil of the other engine. In its request for review, ABF admits liability, but argues that under the released valuation provi- sions of the contract of carriage, its liability is limited to an amount less than the actual cost of repairs. The applicable general rule is that where liability is limited by a released valuation, the carrier's lia- bility for damages depends on the particular language of the valuation conditions set forth in the contract of carriage, including the applicable tariff. The Ansaldo San Giorgio I v. Rheinstrom Brothers Co., 294 U.S. 494, 496 (1935). The conditions determining the carrier's liability for damages to internal combustion engines, NOI (not otherwise indicated), appear in item I I i i i I I I

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