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B-197911 1 (1988-05-12)

handle is hein.gao/gaobadnca0001 and id is 1 raw text is: 


   .LThe Comptroller General
            of the United States
KWashington, D.C. 20148
            Decision


                      Valdez Transfer, Inc. - Preexisting Damage -

            Matterof: Question of Fact

            File:     B-197911

            Date:      May 12, 1988


            DIGEST

            In a case concerning a claim against a household goods
            carrier for damage to a cabinet, the agency presents copies
            of an inventory sheet indicating that no exceptions were
            taken by the carrier at origin to the condition of the
            cabinet included in a shipment of household goods. The
            carrier's contention that a copy of the inventory it
            presented, tending to show that exceptions were taken at
            destination, is not sufficient to overcome the agency's
            inventory sheet and thus does not establish preexisting
            damage. As a result, the denial of the carrier's claim for
            refund of $150 collected by the agency to recover for the
            damage is sustained.

            DECISION

            Valdez Transfer, Inc., a household goods carrier, appealed
            our Claims Group's denial of its claim for refund of $1501/
            which the Department of the Army withheld from the carrier
            to recover for damage to a shrank (a three-piece German
            cabinet) which was among the household goods transported for
            Sergeant Edward L. Reed, USA, in July 1985. We sustain our
            Claims Group's action.

            The Claims Group denied the claim on the ground that there
            was no evidence of preexisting damage to the cabinet, which
            is identified on the inventory sheet as numbers 19, 20, and
            21. Valdez contends that the copy of the inventory, which
            the carrier submitted, shows that the damage forming the
            basis of the government's claim, such as a chipped and
            gouged top, a loose centerboard and gouged wall unit, and


            l/ Although Valdez requested refund of $171, the Army
            allowed $21; therefore, only $150 is in issue. The Claims
            Group denied the claim by Settlement Certificate
            Z-2727878(94), dated October 28, 1987.

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