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B-243746 1 (1991-08-16)

handle is hein.gao/gaobadnxy0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 2054
Decision





Matter of:      Cartwright Van Lines, Inc.

File:           B-243746


Date:           August 16, 1991


DECISION

Cartwright Van Lines, Inc., requests review of our Claims
Group's settlement involving an Air Force set-off against
funds due Cartwright in connection with the loss and damage
to a service member's shipment of household goods.l/ We
affirm the Claims Group's settlement.

Cartwright picked up the household goods on April 29, 1987, in
Glen Burnie, Maryland. A descriptive property inventory had
been signed and dated on the previous day by the company's
agent. The goods were delivered to destination in Fresno,
California, on September 1, with the member noting on the
standard-form statement of loss or damage that her household
goods were due to further inspection. On October 27, the
Air Force dispatched another standard-form statement notifying
Cartwright of the loss and damage involved.

The Joint Military/Industry Memorandum of Understanding on
Loss and Damage (MOU) provides that written documentation
advising the carrier of later-discovered loss or damage, if
dispatched not later than 75 days following delivery, shall be
accepted by the carrier as overcoming the presumption of the
correctness of the delivery receipt. The Air Force therefore
set off $152.76 against funds otherwise due Cartwright based
on valuation at $0.60 per pound, per article.

Cartwright contests $107 of the set-off. Cartwright denies
liability because the missing/damaged items were unpacked at
the time of delivery under the member's supervision. The
carrier maintains that if something had been missing or
damaged it thus should have been evident at delivery; the
member, however, failed to note the alleged loss/damage at





1/ Personal Property Government Bill of Lading QP-022,872.

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