B-193182: Dec 12, 1978

WHEN THERE IS A DISPUTE BETWEEN A CARRIER AND THE NAVY OVER A QUESTION OF FACT. GAO WILL ACCEPT THE NAVY'S REPORT AS CORRECT IN ABSENCE OF SUFFICIENTLY CLEAR AND CONVINCING EVIDENCE TO CONTRARY. 2. EVEN THOUGH DELIVERY RECEIPT WAS NOT EXCEPTED TO. CARRIER IS NOT ABSOLVED OF ALL LIABILITY. DELIVERY RECEIPT IS NOT CONCLUSIVE AND IS SUBJECT TO REBUTTAL BY TIMELY NOTICE TO CARRIER OF LATER DISCOVERED...

B-193182: Mar 18, 1981

THIS AMOUNT WAS SET OFF FROM MONIES OTHERWISE DUE ARPIN FOR DAMAGE SUSTAINED TO A SOFA WHICH WAS CONTAINED IN A SHIPMENT OF HOUSEHOLD GOODS BELONGING TO CAPTAIN SPENCER BURNETTE. THE SHIPMENT WAS TRANSPORTED FROM WRIGHTSTOWN. ARPIN CONTENDED THAT THE SPECIFIC DAMAGES ASSERTED BY THE DEPARTMENT OF THE ARMY EXISTED UPON RECEIPT OF THE SOFA AND WERE NOTED AT THAT TIME AS PREEXISTING DAMAGE. WE DO NOT...

B-193182: Jun 16, 1981

PRIOR DECISION IS AFFIRMED. NOR HAS IT SHOWN THAT OUR DECISION WAS IN ERROR. THAT THE CONSIGNEE'S STATEMENT OF DELIVERY NOTED THAT THE SOFA FRAME WAS DESTROYED. IT IS OUR POSITION THAT THE SOFA FRAME WAS NOT VISIBLE UPON REASONABLE INSPECTION BECAUSE OF THE UPHOLSTERY COVERING. IT IS IN THE NATURE OF CONCEALED DAMAGE AND THE CARRIER ACCEPTED THE SHIPMENT ONLY IN "APPARENT" GOOD ORDER AND CONDITION...

B-193182: Jun 16, 1981

The Army Claims Service requested reconsideration of a decision in which GAO concluded that the Government had not established a prima facie case of carrier liability with regard to damage to a sofa transported by a carrier. Upon request for reconsideration, the Army contended that the record clearly established a prima facie case of carrier liability with regard to the damage to the sofa frame an...

B-193182: Mar 18, 1981

A firm appealed a settlement of the Claims Group which disallowed its claim for $72. The amount was set off from monies otherwise due the claimant for damage sustained to a sofa which was contained in a shipment of household goods belonging to an Army captain. The claimant contended that the specific damages asserted by the Army existed upon receipt of the sofa and were noted at the time as preexi...

B-193182: Dec 12, 1978

A carrier requested reconsideration of the disallowance of its claim for refund of an amount set off because of damages incurred in transit to a Navy member's household goods. The Navy's report of events concerning liability for damages was accepted in view of a dispute about facts and lack of evidence contradicting the Navy's version; unsupported allegations by the carrier did not rebut a prima f...