B-127327, APR. 26, 1956

B-127327: Apr 26, 1956

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INC.: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22. BILLED AND WAS PAID $745.50. THE AUTHORITY FOR THIS CHARGE IS SAID TO BE ITEM 250 OF WESTERN STATES MOVERS CONFERENCE TARIFF NO. 1. THE ITEM ALSO SETS FORTH A SPECIFIC NOTATION THAT IS TO BE MARKED OR STAMPED ON THE FACE OF THE BILL OF LADING TO SHOW THAT EXCLUSIVE USE OF THE SPACE WAS ORDERED. THE REPORT OF THE ADMINISTRATIVE DEPARTMENT IS THAT EXCLUSIVE USE OF THIS SPACE WAS NOT ORDERED. " WHICH YOU URGE AS EVIDENCE THAT EXCLUSIVE USE WAS ORDERED. APPEARS IN THE BILL OF LADING IN THE COLUMNS RESERVED FOR THE USE OF THE DESTINATION CARRIER AND OBVIOUSLY WAS PLACED THERE WHEN THE CHARGES WERE BILLED. A CAREFUL REVIEW OF THIS RECORD CONVINCES US THAT EXCLUSIVE USE OF THE SPACE WAS NOT ORDERED IN THIS INSTANCE.

B-127327, APR. 26, 1956

TO MR. C. RICHARD MARCH, LEGAL DEPARTMENT, NORTH AMERICAN VAN LINES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22, 1955, FILE T-GAC A- 52929, 8/51 S.R. RIGNELL CONTRACT B 12294, WHEREIN YOU REQUESTED REVIEW OF THE OVERPAYMENT CLAIM ASSERTED AGAINST YOUR COMPANY IN CONNECTION WITH A PART SHIPMENT OF GOVERNMENT PROPERTY TRANSPORTED UNDER GOVERNMENT BILL OF LADING WV-3025223, DATED MAY 22, 1951.

THIS PROPERTY CONSISTED OF 147 WOODEN CHAIRS, WEIGHING 2,800 POUNDS, SHIPPED FROM FORTH LEWIS, WASHINGTON, TO FORT BUSCHUCS, ARIZONA. FOR THIS SERVICE NORTH AMERICAN VAN LINES, INC., BILLED AND WAS PAID $745.50, REPRESENTING CHARGES COMPUTED AT A RATE OF $10.65 PER 100 POUNDS APPLIED TO A MINIMUM WEIGHT OF 7,000 POUNDS. THE AUTHORITY FOR THIS CHARGE IS SAID TO BE ITEM 250 OF WESTERN STATES MOVERS CONFERENCE TARIFF NO. 1, AGENT T. LERETZ MF-I.C.C. NO. 9. THAT ITEM PROVIDES, IN EFFECT, THAT WHEN A SHIPPER REQUESTS EXCLUSIVE USE OF TWENTY FEET OF VAN SPACE, THE CHARGE SHALL BE BASED ON A MINIMUM WEIGHT OF 7,000 POUNDS. THE ITEM ALSO SETS FORTH A SPECIFIC NOTATION THAT IS TO BE MARKED OR STAMPED ON THE FACE OF THE BILL OF LADING TO SHOW THAT EXCLUSIVE USE OF THE SPACE WAS ORDERED. THE REQUIRED NOTATION DOES NOT APPEAR ON BILL OF LADING WV-30223, AND THE REPORT OF THE ADMINISTRATIVE DEPARTMENT IS THAT EXCLUSIVE USE OF THIS SPACE WAS NOT ORDERED. THE NOTATION "2800 NO. AS 7000 NO. $10.65 $745.50," WHICH YOU URGE AS EVIDENCE THAT EXCLUSIVE USE WAS ORDERED, APPEARS IN THE BILL OF LADING IN THE COLUMNS RESERVED FOR THE USE OF THE DESTINATION CARRIER AND OBVIOUSLY WAS PLACED THERE WHEN THE CHARGES WERE BILLED.

A CAREFUL REVIEW OF THIS RECORD CONVINCES US THAT EXCLUSIVE USE OF THE SPACE WAS NOT ORDERED IN THIS INSTANCE. ACCORDINGLY, REFUND OF THE AMOUNT OVERPAID SHOULD BE MADE PROMPTLY IN ORDER TO OBVIATE COLLECTION BY SETOFF OR OTHER MEANS.