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B-260768 1 (1995-12-28)

handle is hein.gao/gaocrptacam0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Towne International Forwarding, Inc. File: B-260768 Date: December 28, 1995 DIGEST A carrier failed to unroll and inspect a service member's carpet when it obtained it from a nontemporary storage (NTS) contractor; therefore, it missed the opportunity to issue a rider noting any dry rot, mildew, or insect damage that may have existed at that time. Without such a rider, the carrier does not meet its burden to prove that these damages occurred during storage, and not during transit, when the carrier's remaining evidence consists only of: an appraiser's opinion (stated several months after delivery) that the carpet had become wet during storage; the comparative amount of time that carrier had custody of the carpet (11 days) versus the amount of time that NTS contractor had custody of it (more than 3 years); and water damage to another box in the shipment as noted on the rider. DECISION Towne International Forwarding, Inc. requests our review of this Office's settlement in which we affirmed the Army's offset of amounts it owed to Towne to recover for transit damages to a service member's household goods.1 Towne claims that the Army owes it $1,500 because it was not liable for damage to item 120, an oriental carpet, and it seeks an additional $27 because of an error in the calculation of a refund on an eight-piece sectional. We affirm our prior settlement with respect to item 120, but remand this matter to the United States Army Claims Service to resolve an ambiguity concerning the amount of the refund on the sectional. In April 1987, a nontemporary storage (NTS) contractor packed and stored the service member's household goods. On August 10, 1990, Towne obtained the household goods from the NTS contractor in Indiana, and on August 21, 1990, it delivered them to the service member in Ohio. Towne's rider to the NTS contractor's inventory did not note any damage with respect to the carpet, but, 'This personal property shipment of Bruce A. Simpson was under government bill of lading GP-308,399. 11461227

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