About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-270725 1 (1996-06-26)

handle is hein.gao/gaocrptaeas0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: American Van Services, Inc. File: B-270725 Date: June 26, 1996 DIGEST Carrier's submission of check in payment of damages to shipment of household goods with conditional endorsement releasing carrier of any future liability for shipment is without effect as to liability for damaged items subsequently reported to carrier, where the subsequent report is provided to the carrier within 75 days of delivery in accordance with Military-Industrial Memorandum of Understanding. This memorandum specifies the responsibilities and duties of carriers, and a carrier may not unilaterally alter the basis for determining its liability for loss and damage under the Memorandum. DECISION American Van Services, Inc., appeals Claim Settlement No. Z-2862118(69), dated December 7, 1995, which denied American's refund request for monies set off for damage or loss to the household goods shipment of Douglas Clark, an Air Force member. For the reasons which follow, we sustain the settlement. American picked up the member's household goods on October 27, 1993, in Niceville, Florida, and delivered the goods to Henderson, Nevada, on February 17, 1994. The member and the carrier completed DD Form 1840 (Joint Notice of Loss or Damage at Delivery) on February 17, 1994, which listed damage to a coffee table and a broken mirror. Subsequently, the member completed DD Form 1840R (Notice of Loss or Damage) on February 24, 1994, listing later-discovered damage to other items in the shipment. On May 11, 1994, the Air Force paid the member $553.58 in partial payment for the claimed losses but denied other items claimed because of lack of documentation or estimates. The Air Force requested that American pay $227.95 for the damages, and American, by check dated May 24, 1994, paid the claim. The check contained the following notation on the reverse: Proper endorsement of this check hereby releases American Van Services, Inc., of any further liability for Bill of Lading Number 20495. On the front of the check the government bill of lading number 757624

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most