B-173754, NOV 3, 1971

B-173754: Nov 3, 1971

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CONTRACTS - SHIPMENT OF HOUSEHOLD GOODS - DELIVERING CARRIER ENTITLED TO RECEIVE PAYMENT DECISION AFFIRMING TRANSPORTATION DIVISION SETTLEMENT CERTIFYING THAT NO BALANCE IS DUE PAUL ARPIN VAN LINES. WHILE CLAIMANT CONTENDS THAT DELIVERY WAS PERFORMED BY ITS AGENT. A RESPONSIBLE OFFICIAL OF THAT FIRM HAS STATED THAT DELIVERY WAS MADE BY FAR-GO VAN LINES. 196.24 WAS MADE. BECAUSE FAR-GO WAS THE LAST CARRIER IN PRIVITY WITH THE CONTRACT OF CARRIAGE AS EVIDENCED BY THE COVERING BILL OF LADING. IT WAS ENTITLED TO PAYMENT. WAS FALSE. WHITEHEAD THAT WAS TRANSPORTED FROM GROTON. CERTIFYING THAT NO BALANCE IS DUE YOU FROM THE UNITED STATES IN CONNECTION WITH THIS SHIPMENT. CONNECTICUT SHOWS THAT THE SHIPMENT WAS PICKED UP AT THE OWNER'S RESIDENCE ON JUNE 18.

B-173754, NOV 3, 1971

CONTRACTS - SHIPMENT OF HOUSEHOLD GOODS - DELIVERING CARRIER ENTITLED TO RECEIVE PAYMENT DECISION AFFIRMING TRANSPORTATION DIVISION SETTLEMENT CERTIFYING THAT NO BALANCE IS DUE PAUL ARPIN VAN LINES, INC. FROM THE UNITED STATES IN CONNECTION WITH A SHIPMENT OF HOUSEHOLD GOODS FROM GROTON, CONNECTICUT, TO NEWPORT NEWS, VIRGINIA, UNDER A GOVERNMENT BILL OF LADING. WHILE CLAIMANT CONTENDS THAT DELIVERY WAS PERFORMED BY ITS AGENT, B & L TRANSFER AND STORAGE CO., INC., A RESPONSIBLE OFFICIAL OF THAT FIRM HAS STATED THAT DELIVERY WAS MADE BY FAR-GO VAN LINES, TO WHOM PAYMENT OF $1,196.24 WAS MADE. BECAUSE FAR-GO WAS THE LAST CARRIER IN PRIVITY WITH THE CONTRACT OF CARRIAGE AS EVIDENCED BY THE COVERING BILL OF LADING, IT WAS ENTITLED TO PAYMENT, NOTWITHSTANDING CLAIMANT'S CONTENTION THAT THE WAIVER SUBMITTED BY FAR-GO, PURPORTING TO BE AN AUTHORIZATION TO TRANSFER THE CHARGES FROM PAUL ARPIN TO FAR-GO, WAS FALSE. THE MATTER APPEARS TO BE ONE FOR ADJUSTMENT BETWEEN THE CARRIERS INVOLVED.

TO PAUL ARPIN VAN LINES, INC.:

REFERRING AGAIN TO YOUR LETTER OF JULY 28, 1971, WHICH TRANSMITTED YOUR CLAIM FOR $1,196.24 CONCERNING A SHIPMENT OF HOUSEHOLD GOODS BELONGING TO LIEUTENANT COMMANDER CHARLES T. WHITEHEAD THAT WAS TRANSPORTED FROM GROTON, CONNECTICUT, TO NEWPORT NEWS, VIRGINIA, UNDER GOVERNMENT BILL OF LADING E-7823883, WE MUST AFFIRM THE SETTLEMENT OF OUR TRANSPORTATION DIVISION, DATED JUNE 28, 1971, CERTIFYING THAT NO BALANCE IS DUE YOU FROM THE UNITED STATES IN CONNECTION WITH THIS SHIPMENT.

THE COMMERCIAL BILL OF LADING ISSUED BY PAUL ARPIN VAN LINES AT NEW LONDON, CONNECTICUT SHOWS THAT THE SHIPMENT WAS PICKED UP AT THE OWNER'S RESIDENCE ON JUNE 18, 1970, BY PAUL ARPIN OF NORWICH, CONNECTICUT, AND DELIVERED TO LOCAL STORAGE AT NEW LONDON. ON JUNE 23, 1970, THE GOODS WERE LOADED OUT BY "FAR-GO - NIBLETT" AND DELIVERED BY FAR-GO OR ITS AGENT AT THE NAVY SUPPLY CENTER AT NEWPORT NEWS, VIRGINIA ON JUNE 25, 1970, FOR STORAGE. THE UNSIGNED CONSIGNEE'S CERTIFICATE OF DELIVERY ON THE ORIGINAL GOVERNMENT BILL OF LADING INDICATES THAT DELIVERY INTO STORAGE WAS ACCOMPLISHED ON JUNE 25, 1970, BY FAR-GO VAN LINES, INC. IN FACT, YOU STATED IN YOUR LETTER OF JULY 28, 1971, THAT "UNDER HAULING AGREEMENT, THIS SHIPMENT WAS DELIVERED BY FARGO VAN LINES, INC."

IT IS TRUE THAT IN A LATER LETTER DATED SEPTEMBER 7, 1971, ADDRESSED TO THE NAVY REGIONAL FINANCE CENTER, COPY OF WHICH WE RECEIVED, YOU STATED THAT YOUR COMPANY WAS THE DELIVERING CARRIER TO THE OWNER'S RESIDENCE IN NORFOLK, VIRGINIA ON JULY 6, 1970, THROUGH B & L TRANSFER AND STORAGE CO., INC., YOUR AGENT; HOWEVER, THE ONLY SUPPORTING EVIDENCE INCLUDED WITH THE COPY OF THE LETTER SENT TO US WAS A COPY OF A DD FORM 619, WHICH INDICATED THAT B & L WAS DESTINATION CARRIER. IN RESPONSE THERETO, THE NAVY REGIONAL FINANCE CENTER HAS REPORTED AND RECONFIRMED THAT A RESPONSIBLE OFFICIAL OF B & L HAS STATED THAT DELIVERY WAS PERFORMED BY FAR-GO; THEREFORE, WE MUST CONCLUDE, UNLESS ADDITIONAL CONVINCING EVIDENCE IS FURNISHED, CONTRARY TO THE CONTENTION IN YOUR LETTER OF SEPTEMBER 7, 1971, THAT FAR-GO VAN LINES DID IN FACT MAKE THE DELIVERY AND THAT PAUL ARPIN VAN LINES WAS NOT THE DELIVERING CARRIER.

AS THE DELIVERING OR LAST CARRIER, FAR-GO WAS ENTITLED TO RECEIVE PAYMENT FOR THE TRANSPORTATION SERVICE AS PROVIDED BY CONDITION 1 ON THE BACK OF THE GOVERNMENT BILL OF LADING, WHICH WAS ALSO INCLUDED IN THE CONTRACT OF CARRIAGE TO WHICH YOU WERE A PARTY. FAR-GO SUBMITTED ITS BILL FOR THE ENTIRE SERVICE FROM ORIGIN TO DESTINATION SUPPORTED BY THE ORIGINAL GOVERNMENT BILL OF LADING, AND PAYMENT WAS MADE IN ACCORDANCE WITH THE PAYMENT REGULATIONS IN 4 CFR 52.38(A)(3). THIS PAYMENT EFFECTIVELY DISCHARGED THE GOVERNMENT'S OBLIGATION ON THE CONTRACT.

REGARDLESS OF WHETHER THE WAIVER SUBMITTED BY FAR-GO WITH ITS BILL PURPORTING TO BE AUTHORIZATION BY YOUR COMPANY TO TRANSFER THE CHARGES TO FAR-GO WAS FALSE, IT COULD NOT HAVE HAD ANY LEGAL SIGNIFICANCE AS BETWEEN THE PARTIES TO THE BILL OF LADING CONTRACT. AS THE DESIGNATED ORIGIN CARRIER ON THE BILL OF LADING, YOU ARE NOT ENTITLED TO COLLECT THE FREIGHT CHARGES (UNLESS YOU HAD ALSO BEEN THE DESTINATION OR LAST CARRIER OR SPECIFICALLY SO PROVIDED IN THE CONTRACT OF TRANSPORTATION). AS THE WAIVER FORM CLEARLY REFLECTS, A CARRIER WHICH IS DESIGNATED AS LAST CARRIER ON THE BILL OF LADING, AND WHICH WOULD OTHERWISE BE ENTITLED TO PAYMENT, MAY WAIVE ITS RIGHT TO COLLECT FREIGHT CHARGES TO ANOTHER CARRIER IN PRIVITY TO THE CONTRACT OF CARRIAGE, AND SINCE YOU WERE NOT THE LAST CARRIER A WAIVER BY YOUR COMPANY WOULD BE INEFFECTIVE TO TRANSFER PAYMENT. IT WAS FAR-GO'S STATUS AS THE LAST CARRIER IN PRIVITY WITH THE CONTRACT OF CARRIAGE AS EVIDENCED BY THE COVERING BILL OF LADING THAT ENTITLED IT TO PAYMENT OF ITS $1,196.24 BILL.

SINCE THE GOVERNMENT HAS ALREADY PAID THE CARRIER APPARENTLY LEGALLY ENTITLED TO THE CHARGES FOR THIS TRANSPORTATION SERVICE, THERE IS NO BASIS ON THIS RECORD FOR AN ADDITIONAL PAYMENT TO PAUL ARPIN VAN LINES, INC. THE MATTER APPEARS TO BE ONE FOR ADJUSTMENT BETWEEN THE CARRIERS INVOLVED.