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B-136750, AUG. 25, 1959

B-136750 Aug 25, 1959
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INC.: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 11. RELATIVE TO YOUR CLAIM FOR REFUND OF $521 WHICH WAS ADMINISTRATIVELY DEDUCTED FROM AMOUNTS OTHERWISE DUE YOU TO COVER DAMAGE TO SEVERAL ITEMS OF OFFICE FURNITURE TRANSPORTED FROM BROOKLYN. YOU CONTEND THAT THE SHIPMENTS CONCERNED WERE DELIVERED TO POINTS OF DESTINATION IN GOOD CONDITION "WITH NO SIGNS OF DAMAGE" WHEN RECEIPTED FOR BY GOVERNMENT REPRESENTATIVES. OUR RECORDS AFFIRMATIVELY SHOW THAT THE FURNITURE HERE IN QUESTION WAS LOADED ABOARD YOUR VESSEL IN GOOD CONDITION. GS-739334 BORE THE FOLLOWING NOTATION: "NINE DESKS AND EIGHT FILE CABINETS WERE RECEIVED BADLY DAMAGED.'. A SIMILAR NOTATION OF DAMAGE EN ROUTE WAS ENTERED ON THE REVERSE SIDE OF BILL OF LADING NO.

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B-136750, AUG. 25, 1959

TO BULL INSULAR LINE, INC.:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 11, 1959, RELATIVE TO YOUR CLAIM FOR REFUND OF $521 WHICH WAS ADMINISTRATIVELY DEDUCTED FROM AMOUNTS OTHERWISE DUE YOU TO COVER DAMAGE TO SEVERAL ITEMS OF OFFICE FURNITURE TRANSPORTED FROM BROOKLYN, NEW YORK, TO SAN JUAN AND MAYAGUEZ, PUERTO RICO, ABOARD THE S.S. FRANCES, VOYAGE 159, UNDER GOVERNMENT BILLS OF LADING NOS. GS-739333 AND GS-739334.

BASICALLY, YOU CONTEND THAT THE SHIPMENTS CONCERNED WERE DELIVERED TO POINTS OF DESTINATION IN GOOD CONDITION "WITH NO SIGNS OF DAMAGE" WHEN RECEIPTED FOR BY GOVERNMENT REPRESENTATIVES. CONTRARY TO YOUR CONTENTION, OUR RECORDS AFFIRMATIVELY SHOW THAT THE FURNITURE HERE IN QUESTION WAS LOADED ABOARD YOUR VESSEL IN GOOD CONDITION, BUT, AS STATED IN OUR DECISION OF APRIL 15, 1959, UPON ITS ARRIVAL AT SAN JUAN AND MAYAGUEZ, SEVERAL OF THE PIECES BORE EVIDENCE OF SEVERE DAMAGE EN ROUTE. FOR EXAMPLE, THE REVERSE SIDE OF BILL OF LADING NO. GS-739334 BORE THE FOLLOWING NOTATION:

"NINE DESKS AND EIGHT FILE CABINETS WERE RECEIVED BADLY DAMAGED.'

A SIMILAR NOTATION OF DAMAGE EN ROUTE WAS ENTERED ON THE REVERSE SIDE OF BILL OF LADING NO. GS-739333. AS YOU PREVIOUSLY HAVE BEEN ADVISED, THE ACTUAL COST OF REPAIRING THE GOVERNMENT'S EQUIPMENT AMOUNTED TO $521, THE AMOUNT COLLECTED FROM YOU BY THE GOVERNMENT.

INASMUCH AS THE DAMAGE NOTATIONS REFERRED TO ABOVE APPEAR TO HAVE BEEN PLACED ON THE BILLS OF LADING SHORTLY AFTER THE ARRIVAL OF THE EQUIPMENT AT POINTS OF DESTINATION, SUCH NOTATIONS MUST BE CONSIDERED CONCLUSIVE AS TO THE EXTENT OF THE DAMAGE SUFFERED BY THIS PROPERTY WHILE IN TRANSIT.

YOU DO NOT IDENTIFY THE PROVISION IN THE CARRIAGE OF GOODS BY SEA ACT UNDER WHICH, YOU SAY, YOUR RESPONSIBILITY CEASES AT TIME OF DELIVERY AT PORT OF DISCHARGE, BUT, IN ANY EVENT, THE PRESENT CASE INVOLVES A SITUATION IN WHICH THE PROPERTY WAS DAMAGED WHILE IN YOUR CUSTODY AND BEFORE YOUR RESPONSIBILITY CEASED AT PORT OF DISCHARGE.

ACCORDINGLY, OUR DECISIONS OF FEBRUARY 3 AND APRIL 15, 1959, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM, ARE HEREBY REAFFIRMED.

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