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B-216053 1 (1984-12-04)

handle is hein.gao/gaobadmaw0001 and id is 1 raw text is: TECOMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-216053 DATE: December 4, 1984 MATTER OF: CVL Forwarders DIGEST: Loss or damage not discovered within 45 days after delivery is presumed, under the terms of a Military-Industry Memorandum of Understanding, not to have occurred in the possession of the carrier in the absence of evidence to the contrary. This presumption applies to a government claim for unearned freight charges as well as a claim for loss or damage. CVL Forwarders (CVL) requests review of our Claims Group decision to disallow CVL's claim for refund of freight charges of $245.67 that the government recovered by setoff as unearned in connection with the shipment of a United States Marine Corps (USMC) member's household goods under government bill of lading No. AP-092,475. The charges were recovered because the USMC determined that a part of the shipment was irreparably damaged in transit. We find that CVL is entitled to the refund. No exception to the condition of the household goods was noted on delivery of the shipment, and the first notice to CVL of damage in transit was receipt of a claim 77 days after delivery. CVL's claim is based on its contention that pursuant to a Military-Industry Memorandum of Understanding, damage is deemed not to have occurred in transit if the damage is not discovered within 45 days after delivery. (In fact, the USMC canceled a claim for the damage because the damage was not discovered within the 45-day period.) The USMC contends, however, that the 45-day reporting require- ment applies only to a claim for damage to the shipment and argues that failure to meet the 45-day reporting requirement thus does not preclude a claim for unearned freight charges. Our Claims Group agreed with the USMC. The Interstate Commerce Commission regulations applicable to the shipment, 49 C.F.R. § 1056.26 (1983),/ provide that a common carrier of household goods shall not o-3 o7,0?

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