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[Claim for Freight Damages Pursuant to Marine Corps Member's Relocation]

B-224827.4 Nov 21, 1990
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Highlights

A carrier claimed entitlement to a refund of amounts the Marine Corps withheld from it for damage and loss to a member's household goods, contending that: (1) the Corps failed to properly limit its liability for the shipment; (2) the Corps failed to limit recovery to the member's claim under the 1964 Claims Act; and (3) it was entitled to reimbursement for the cost of the released valuation it failed to bill and the cost of recovered items. GAO held that the: (1) carrier's maximum liability for shipment loss or damage was contractually set at the amount of the lump sum valuation; (2) Corps' recovery of costs was not limited to the amount it paid to the member under the 1964 act; and (3) claimant was entitled to reimbursement for its released valuation costs and the cost of recovered items. Accordingly, the claim was denied in part and allowed in part.

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