B-128743, AUG. 20, 1956

B-128743: Aug 20, 1956

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INC.: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 13. YOU WERE PAID $121.32 FOR THIS TRANSPORTATION SERVICE. ALLEGING THAT THE ACCESSORIAL CHARGE FOR FORK -LIFT SERVICES WAS OMITTED IN ERROR FROM YOUR ORIGINAL BILL AND THAT IN ACCORDANCE WITH ITEM 67 OF THE TARIFF YOU WERE ENTITLED TO THE CHARGE FOR FORK-LIFT SERVICES. THAT THE LOADING SERVICE WAS NOT FURNISHED BY THE DEPARTMENT OF THE ARMY. WY-4525686 INDICATES THAT NEITHER PICK UP SERVICE AT ORIGIN NOR DELIVERY SERVICE AT DESTINATION WAS BY THE GOVERNMENT OR ITS AGENT. IT IS NOTED THAT BY LETTER DATED OCTOBER 4. REPORTED THAT THE RECORDS IN CONNECTION WITH THIS SHIPMENT DO NOT INDICATE THAT FORK-LIFT SERVICE WAS REQUESTED OR THAT THE MATERIAL WAS PALLETIZED.

B-128743, AUG. 20, 1956

TO THE CULY TRANSPORTATION CO., INC.:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 13, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 3, 1955, IN WHICH WE DISALLOWED YOUR CLAIM FOR $18.90, REPRESENTING CHARGES FOR FORK-LIFT TRUCK SERVICES ALLEGED TO BE DUE IN CONNECTION WITH A SHIPMENT OF 80 BOXES OF ,TUBS, BATH ENAMELED, CAST IRON," WEIGHING 47,075 POUNDS, TRANSPORTED UNDER GOVERNMENT BILL OF LADING NO. WY-4525686, FROM OAKLAND, CALIFORNIA, TO LATHROP, CALIFORNIA, DURING OCTOBER 1954.

YOU WERE PAID $121.32 FOR THIS TRANSPORTATION SERVICE, COMPUTED AT THE RATE OF 24 CENTS PER 100 POUNDS PUBLISHED IN ITEM 430 OF PACIFIC COAST TARIFF BUREAU U.S. GOVERNMENT RATE QUOTATION NO. 2. THEREAFTER, BY YOUR SUPPLEMENTAL BILL BEARING BILL NUMBERS 12781 AND 17090, YOU CLAIMED THE ADDITIONAL AMOUNT OF $18.90, ALLEGING THAT THE ACCESSORIAL CHARGE FOR FORK -LIFT SERVICES WAS OMITTED IN ERROR FROM YOUR ORIGINAL BILL AND THAT IN ACCORDANCE WITH ITEM 67 OF THE TARIFF YOU WERE ENTITLED TO THE CHARGE FOR FORK-LIFT SERVICES.

IN YOUR REQUEST FOR REVIEW YOU STATE THAT THE BILL OF LADING SHOWS THAT THE SHIPMENT CONSISTED OF BATH TUBS, CAST IRON, AND THAT THE LOADING SERVICE WAS NOT FURNISHED BY THE DEPARTMENT OF THE ARMY. YOU URGE THAT IT NECESSARILY FOLLOWS THAT SOME MECHANICAL MEANS HAD TO BE EMPLOYED FOR MOVING THE CARGO, AND YOU SUBMITTED A BILL FOR CHARGES NAMED IN ITEM 67 OF THE CITED QUOTATION NO. 2. IN THIS CONNECTION, GOVERNMENT BILL OF LADING NO. WY-4525686 INDICATES THAT NEITHER PICK UP SERVICE AT ORIGIN NOR DELIVERY SERVICE AT DESTINATION WAS BY THE GOVERNMENT OR ITS AGENT.

ITEM 67 OF THE CITED QUOTATION NO. 2 NAMES CHARGES FOR FORK-LIFT SERVICES FURNISHED "AT THE REQUEST OF SHIPPER OR CONSIGNEE.' IN THIS CONNECTION, IT IS NOTED THAT BY LETTER DATED OCTOBER 4, 1955, THE CHIEF, GENERAL TRAFFIC DIVISION, FOURTH TRANSPORTATION ZONE OFFICE, U.S. ARMY, REPORTED THAT THE RECORDS IN CONNECTION WITH THIS SHIPMENT DO NOT INDICATE THAT FORK-LIFT SERVICE WAS REQUESTED OR THAT THE MATERIAL WAS PALLETIZED. FURTHERMORE, THERE WAS NO OCCASION FOR THE GOVERNMENT TO REQUEST FORK-LIFT SERVICE, OR FOR THE PERFORMANCE OF ANY SUCH SERVICE ON BEHALF OF THE GOVERNMENT, SINCE ITEM 430 OF THE QUOTATION, WHICH NAMES THE RATE OF 24 CENTS PER 100 POUNDS, AT A MINIMUM WEIGHT OF 40,000 POUNDS, FOR APPLICATION BETWEEN LATHROP (SHARPE GENERAL DEPOT) AND OAKLAND, PROVIDES THAT LOADING OR UNLOADING AT OAKLAND WILL BE PERFORMED BY THE CARRIER. THUS, THE CARRIER WAS REQUIRED BY THE TERMS OF THE QUOTATION TO LOAD THE SHIPMENT, OR HAVE IT LOADED AT ITS EXPENSE, AT OAKLAND, CALIFORNIA.

ACCORDINGLY, SINCE THE RATE INCLUDED THE LOADING OF THE SHIPMENT AT OAKLAND, NO ADDITIONAL AMOUNT FOR FORK-LIFT SERVICE IS DUE AND, THEREFORE, THE SETTLEMENT IS SUSTAINED.