B-136750, MAR. 7, 1960
Highlights
INC.: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 9. THE DEDUCTION WAS MADE TO COVER DAMAGE TO SEVERAL ITEMS OF OFFICE FURNITURE TRANSPORTED FROM BROOKLYN. STATE THAT YOU HAVE NO RECORD OF RECEIVING ANY COMPLAINT THAT THE PROPERTY WAS RECEIVED IN A DAMAGED CONDITION. YOUR ATTENTION IS INVITED TO CONDITION 7 ON THE REVERSE OF THE GOVERNMENT BILLS OF LADING. WE ARE AWARE OF NO PROVISION OF LAW. YOU HAVE CITED NONE. IT IS CLEAR. CONCERNING YOUR STATEMENT THAT YOU HAVE NO RECORD OF RECEIVING ANY COMPLAINT THAT THE PROPERTY WAS RECEIVED IN A DAMAGED CONDITION. THE BILLS OF LADING WERE SO NOTED. THAT CERTAIN ITEMS OF THE PROPERTY WERE RECEIVED IN A DAMAGED CONDITION. THAT A REPRESENTATIVE OF YOUR COMPANY WAS CALLED IN TO INSPECT THE PROPERTY.
B-136750, MAR. 7, 1960
TO BULL INSULAR LINE, INC.:
REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 9, 1960, REQUESTING FURTHER CONSIDERATION OF OUR DECISION DATED FEBRUARY 3, 1959, AS REAFFIRMED ON APRIL 15, AND AUGUST 25, 1959, CONCERNING YOUR REQUEST FOR REFUND OF $521 ADMINISTRATIVELY RECOUPED FROM AMOUNTS OTHERWISE DUE YOU. THE DEDUCTION WAS MADE TO COVER DAMAGE TO SEVERAL ITEMS OF OFFICE FURNITURE TRANSPORTED FROM BROOKLYN, NEW YORK, TO SAN JUAN AND MAYAGUEZ, PUERTO RICO, UNDER GOVERNMENT BILLS OF LADING NOS. GS-739333 AND GE- 739334.
YOU REFER TO SUBSECTION 3 (6) OF THE CARRIAGE OF GOODS BY SEA ACT, 46 U.S.C. 1303 (6), AND STATE THAT YOU HAVE NO RECORD OF RECEIVING ANY COMPLAINT THAT THE PROPERTY WAS RECEIVED IN A DAMAGED CONDITION, PRESUMABLY WITHIN THE THREE-DAY PERIOD SPECIFIED IN THE CITED PROVISION OF LAW. WITH REGARD TO THE MATTER OF NOTICE, YOUR ATTENTION IS INVITED TO CONDITION 7 ON THE REVERSE OF THE GOVERNMENT BILLS OF LADING, UNDER WHICH THE INSTANT SHIPMENTS MOVED. THIS CONDITION PROVIDES THAT:
"IN CASE OF LOSS, DAMAGE OR SHRINKAGE IN TRANSIT, THE RULES AND CONDITIONS GOVERNING COMMERCIAL SHIPMENTS SHALL NOT APPLY AS TO PERIOD WITHIN WHICH NOTICE THEREOF SHALL BE GIVEN THE CARRIERS OR TO PERIOD WITHIN WHICH CLAIM THEREFOR SHALL BE MADE OR SUIT INSTITUTED.'
WE ARE AWARE OF NO PROVISION OF LAW, AND YOU HAVE CITED NONE, WHICH OPERATES TO PRECLUDE THE PARTIES TO A CONTRACT OF CARRIAGE FROM INCLUDING PROVISIONS SUCH AS CONDITION 7 IN THE BILLS OF LADING. IT IS CLEAR, THEREFORE, IN VIEW OF THE PROVISIONS OF CONDITION 7, THAT THE PROVISION OF THE CARRIAGE OF GOODS BY SEA ACT QUOTED BY YOU HAS NO APPLICATION TO THE INSTANT MATTER.
CONCERNING YOUR STATEMENT THAT YOU HAVE NO RECORD OF RECEIVING ANY COMPLAINT THAT THE PROPERTY WAS RECEIVED IN A DAMAGED CONDITION, THE ADMINISTRATIVE OFFICE REPORTS, AND THE BILLS OF LADING WERE SO NOTED, THAT CERTAIN ITEMS OF THE PROPERTY WERE RECEIVED IN A DAMAGED CONDITION, THAT A REPRESENTATIVE OF YOUR COMPANY WAS CALLED IN TO INSPECT THE PROPERTY, AND THAT HE DID SO.
IN VIEW OF THE FOREGOING, WE ARE STILL OF THE VIEW THAT THE ACTION OF THE ADMINISTRATIVE OFFICE IN RECOVERING THE DAMAGES INVOLVED WAS PROPER, AND THAT REVERSAL OF SUCH ACTION IS NOT WARRANTED.