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B-248892 1 (1992-10-30)

handle is hein.gao/gaobadcah0001 and id is 1 raw text is: Comptroller General of the Uted Staes wanAteies D. ass Matter of: Able Forwarders, Inc. File: - B-248892 Date: October 30, 1992 - DIGEST Carrier concedes liability for in-transit damage to a mattress, but argues that the mattress must have been smaller than the claimed king-size since the inventory indicates that it was packed in a box too small for that size. Set-off for the damage was proper since the carrier was timely notified of damage to a king-size mattress, including the allegation that the mattress was bent; the record suggests that the carrier may have understated dimensions on the inventory; and the carrier could have, but did not, ascertain the item's size by inspection. DECISION Able Forwarders, Inc., requests review of our Claims Group's settlement upholding the Army's set-off of $630 from funds otherwise due to the firm to recover damages to a service member's household goods. We affirm the settlement. At delivery, the member notified Able about a bent mattress, and a month later she identified it as a king-size mattress, of which two sides also had been ripped. Able admitted liability but argued that according to the inventory the mattress was shipped in a carton too small to hold a mattress larger than double-size. Able argued that its liability should be limited accordingly. Ths inventory listed the mattress as being shipped in a 416 mattress carton. In denying Able's claim for a refund of the amount set off, the Army noted that the inventory description of.the carton's size did not relate to standard industry nomenclature; the shipper would have had no reason to object to the size listing; and Able could have resolved-* any concerns through an inspection after having been advised of the damage. Able, in asking that we review the Claims Group's decision endorsing the set-off, reiterates its argument about the inconsistency between the-inventory listing and the size of the mattress claimed damaged. I.0 sizeo

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