B-164210, MAY 20, 1968

B-164210: May 20, 1968

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TO DIEHL STORAGE COMPANY: REFERENCE IS MADE TO YOUR LETTER OF APRIL 22. YOUR FIRM CERTIFIED THAT YOU WERE "WILLING AND ABLE AND DO HEREBY AGREE TO PROVIDE SERVICES REQUIRED AS SPECIFIED HEREIN AT THE PRICES ENTERED IN THE APPROPRIATE SPACES" . "COMPANY IS TO BILL FOR SERVICES PERFORMED IN ACCORDANCE WITH RATE QUOTATION SUBMITTED" . ACCOMPANYING YOUR VOUCHER FOR PAYMENT WAS A COMPLETED COPY OF THE AUTHORIZATION SHOWING (1) THAT YOU PERFORMED THE SERVICES ON NOVEMBER 6. (2) THAT THE ACTUAL NET WEIGHT WAS 895 POUNDS AND THE GROSS WEIGHT 1290 POUNDS. (3) THAT THE TOTAL CHARGE WAS $193.50 BASED ON $15.00 PER 100 POUNDS CRATED WEIGHT. THIS CHARGE IS CONTRARY TO THE TERMS OF THE CONTRACT WHICH AROSE OUT OF THE ACCEPTANCE BY THE AUTHORIZATION OF OCTOBER 16.

B-164210, MAY 20, 1968

TO DIEHL STORAGE COMPANY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 22, 1968, WITH ENCLOSURES, CONCERNING THE DISALLOWANCE OF YOUR CLAIM IN THE AMOUNT OF $59.25, THE DIFFERENCE BETWEEN THE NET WEIGHT RATE AND THE GROSS WEIGHT RATE OF GOODS PACKED AND CRATED FOR EXPORT UNDER DEPARTMENT OF STATE TRANSPORTATION SERVICES REQUEST AUTHORIZATION A020424, DATED OCTOBER 16, 1967.

THE RECORD BEFORE THIS OFFICE SHOWS THAT ON OCTOBER 13, 1967, IN RESPONSE TO A REQUEST FOR AN OFFER OF RATES (EXPORT PACKING/STORAGE SERVICES), YOUR FIRM CERTIFIED THAT YOU WERE "WILLING AND ABLE AND DO HEREBY AGREE TO PROVIDE SERVICES REQUIRED AS SPECIFIED HEREIN AT THE PRICES ENTERED IN THE APPROPRIATE SPACES" . UNDER THE APPROPRIATE SPACE ENTITLED "UNACCOMPANIED BAGGAGE" YOU ENTERED THE SUM OF $15.00 PER 100 POUNDS CRATED WEIGHT AND ESTIMATED THE NET WEIGHT TO BE APPROXIMATELY 1000 POUNDS. UNDER THE APPROPRIATE SPACE ENTITLED "HOUSEHOLD EFFECTS-EXPORT PACKING ONLY" , YOU ENTERED THE SUM OF $15.00 PER 100 POUNDS NET WEIGHT AND ESTIMATED THE NET WEIGHT OF THE EFFECTS AT APPROXIMATELY 1000 POUNDS. BY COMPLETING AND RETURNING THE REQUEST FOR AN OFFER OF RATES YOU OFFERED TO PERFORM THE SERVICES REQUESTED AT THE PRICES INDICATED.

THE TRANSPORTATION SERVICES REQUEST AUTHORIZATION FROM THE CHIEF OF TRANSPORTATION OPERATIONS, DATED OCTOBER 16, 1967, CONSTITUTED AN ACCEPTANCE OF YOUR OFFER TO PERFORM SERVICES DESCRIBED AS ,2231-EXPORT PACK HOUSEHOLD EFFECTS" IN ACCORDANCE WITH SPECIFIC INSTRUCTIONS FURNISHED YOUR COMPANY BY THE OWNER OF THE GOODS. PLEASE NOTE THAT ITEM 11 OF THE AUTHORIZATION STATED,"COMPANY IS TO BILL FOR SERVICES PERFORMED IN ACCORDANCE WITH RATE QUOTATION SUBMITTED" . ACCOMPANYING YOUR VOUCHER FOR PAYMENT WAS A COMPLETED COPY OF THE AUTHORIZATION SHOWING (1) THAT YOU PERFORMED THE SERVICES ON NOVEMBER 6, 1967; (2) THAT THE ACTUAL NET WEIGHT WAS 895 POUNDS AND THE GROSS WEIGHT 1290 POUNDS; AND (3) THAT THE TOTAL CHARGE WAS $193.50 BASED ON $15.00 PER 100 POUNDS CRATED WEIGHT. THIS CHARGE IS CONTRARY TO THE TERMS OF THE CONTRACT WHICH AROSE OUT OF THE ACCEPTANCE BY THE AUTHORIZATION OF OCTOBER 16, 1967, OF YOUR OFFER OF OCTOBER 13, 1967, TO HANDLE HOUSEHOLD GOODS ON A NET WEIGHT BASIS.

IN YOUR LETTER OF APRIL 22, 1968, YOU STATE YOU DID NOT MAKE A MISTAKE IN YOUR OFFER. IN SUPPORT OF YOUR CLAIM YOU INCLUDED A COPY OF THE FIRST PAGE OF THE REQUEST FOR OFFER OF RATES WHICH SHOWS THAT YOU CLEARLY TOOK EXCEPTION TO THE NET WEIGHT PROVISION IN THE UNACCOMPANIED BAGGAGE SCHEDULE BY STRIKING OUT THE WORD "NET" AND TYPING IN "CRATED WEIGHT" . HOWEVER, YOU DID NOT MAKE ANY SIMILAR CHANGE IN THE HOUSEHOLD EFFECTS SCHEDULE PROVIDING RATE OFFERS ON A NET WEIGHT BASIS.

IN VIEW OF THE RECORD BEFORE THIS OFFICE, WE FIND NO LEGAL OBJECTION TO THE ADMINISTRATIVE ACTION TAKEN IN THIS MATTER AND THE DENIAL OF YOUR CLAIM NO. Z 2355953 IS THEREFORE AFFIRMED.