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B-260769 1 (1995-11-01)

handle is hein.gao/gaocrptacan0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: National Forwarding Co., Inc. File: B-260769 Date: November 1, 1995 DIGEST A carrier is not liable for damage to articles in a service member's household goods shipment when the carrier vigorously pursues its inspection rights within the time permitted in its contract, the service member discards the broken articles within the time that the carrier was permitted to inspect them and before the carrier had the opportunity to do so, and the record indicates that the carrier had a substantial defense involving facts discoverable by inspection. DECISION The National Claims Services, Inc., on behalf of the National Forwarding Company, Inc., requests review of our settlement of February 6, 1995, upholding the Army's collection of $2,468 for damage to the household goods shipment of a service member.1 We modify our prior settlement with respect to the crystal and affirm the remainder. On review, the carrier expresses concern about the Army's failure to accord National its inspection rights with respect to the broken crystal (item 377). The service member claimed that the carrier broke 8 stem glasses, 8 highball glasses, 8 Old Fashion glasses, 2 round decanters, 2 square decanters, 8 coasters, and a crystal punch bowl set with 12 glasses, with a combined liability of approximately $1,450. Some items were Baccarat crystal, others were Atlantis crystal. All of the broken articles were discarded before the carrier's inspector arrived. The service member purchased these articles around January 1979 and no purchase receipts were contained in the record. The record indicates that the carrier quickly arranged and conducted an inspection. The carrier argues that it was unable to verify the value of the broken crystal 1The shipment moved under personal property government bill of lading QP-025,491 involving Robert Jones, Settlement No. Z-2862672. 2441030

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