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B-247770 1 (1992-07-17)

handle is hein.gao/gaobadocm0001 and id is 1 raw text is: 



Comptroller General
of the United States

Washington, D.O, 20548
Decision


Matter of,


American


World Forwarders, Inc.


File:

Date:


B-247770

July 17, 1992


DIGEST

1, A compromise offer submitted to a carrier by an agency
to settle a loss and damage claim does not bind the agency
unless accepted by the carrier. Upon carrier rejection, the
agency may set off from monies otherwise due to the carrier
amounts up to the carrier's full contractual liability,
whether or not they exceed the amount of the proposed
compromise.

2. A carrierlcan be charged with the loss /f an item not
specifically listed on the inventory where lhe surrounding
circumstances are sufficient to establish that the item was
shipped and lost. A shipper who specifies details regarding
the packing and tender of such an item to a carrier or
warehouseman at origin has provided adequate evidence of
tender to establish a prima facie case of carrier liability.


3. When goods
loss/damage is
last bailee.


pass through the
presumed to have


hand of
occurred


several
in the


bailees,
hands of


DECISION

American World Forwarders, Inc., requests'review of our
Claims Group's settlement denying its claim for $1,274,
which the Air Force set off from revenues otherwise due
American to recover for loss and damage incurred to a
service member's shipment of household goods. We affirm
Claims Group's settlement.


In Octobe
and store
Aberdeen,
Ame ican
member in


r 1984 the member's
d by a non-temporary
Maryland. The NTS
on May 27, 1988, and
* Marina, California,


household
storage
facility
American
on June


goods were packed
(NTS) facility in
tendered the goods
delivered them to
22, 1988.1 On


'The portion Of the move
Property Government Bill


involving
of Lading


American is Personal
QP-058,255.


any
the


the


to
the

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