Claim for Reimbursement of Payment for Demurrage Charges

B-194253: May 2, 1979

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N. Frank & Son, Inc. requested reconsideration of a claim for reimbursement of the railroad's bill for demurrage resulting from Frank's sale of desks to the Architect of the Capitol. The contract stated that the desks were to be delivered f.o.b. warehouse. Frank contended that the desks could not be delivered because the General Services Administration (GSA) failed to clear the snow from the railway siding tracks next to the warehouse. After waiting several weeks, the claimant finally delivered the desks to the warehouse by truck. It was held that the claimant must bear the expenses of delivering the desks to the designated point. The claimant was responsible for demurrage charges incurred prior to actual delivery, and the claim settlement was sustained.