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B-239199.4 1 (1992-09-29)

handle is hein.gao/gaobadodv0001 and id is 1 raw text is: S I q,, 4 W Comptroller General of the United States W&Ahngwn fl.O, 20548 Decision Matter of: American Vanpac Van Lines File: B-239199,4 Date: September 29, 1992 DIGEST 19 Report of the carrier's inspector that he could see no evidence of a claimed stain to an Air Force member's sofa transported by the carrier does not relieve the carrier of liability where the government inspection report and the repair estimate support the claim. 2, Carrier properly is held liable for the loss of items that do not exactly fit the inventory's description of the carton in which they are claimed to have been packed if it would not have been unusual to pack those items in that carton, particularly since the carrier did the packing and prepared the inventory list. DECISION American Vanpac Van Lines requests review of our Claims Group's settlement denying the firm's appeal of an Air Force set-off of $482.68 from sums otherwise due American Vanpac. The set-off arose from American Vanpac's transportation of a member's household effects, several items of which were claimed lost or damaged.' We affirm the Claims Group's settlement in part and we reverse it in part. The first disputed item is a sofa that the member claimed was damaged in the move. The shipper reported that the sofa was stained on bottom front leg and later submitted an estimate to repair water damage in the same area. American Vanpac asserts that the claimed damage did not in fact exist, and has furnished a statement by a repair facility that its inspector could see no evidence of a stain. The record includes an Air Force inspector's report that the sofa's pattern made it difficult to see the damage, but that there was a slight discoloration in the area (the rest of the sofa was immaculate), which we find consistent with water damage. Also, the shipper had the sofa examined by a 'American Vanpac delivered the shipment pursuant to Government Bill of Lading TP-153,249.

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