Matter of: American Van Services, Inc. File: B-249059 Date:November 17, 1992
Highlights
The carrier complains that the Claims Group was wrong regarding the seven items it reviewed. None of the items the Claims Group considered was listed separately on the inventory. The Claims Group endorsed set-off because each was claimed to have been packed with an item of a similar nature. Suggesting that the items never were tendered for shipment. Our review shows that for all but two of the 15 items evidence of tender is adequate for a prima facie case of carrier liability. The two exceptions are for a bait bucket claimed to have been packed in the "stereo" carton. A damaged dishdrain mat claimed to have been packed in a box labeled "desk items.". The carrier thus is entitled to a refund of $2.80 for the bucket.
Matter of: American Van Services, Inc. File: B-249059 Date:November 17, 1992
PROCUREMENT Payment/Discharge Shipment Household goods Inventories Every household good need not be listed on the inventory that accompanies a shipment.
DECISION American Van Services, Inc., requests review of our Claims Group's settlement denying all but $4.55 of an Air Force offset against funds otherwise due to American for damages to a service member's household goods. The carrier complains that the Claims Group was wrong regarding the seven items it reviewed, and did not consider eight others.
None of the items the Claims Group considered was listed separately on the inventory. The Claims Group endorsed set-off because each was claimed to have been packed with an item of a similar nature; for example, the member said that a damaged video cassette tape holder had been packed in a box labeled "stereo." In its appeal, American disputes the relationship between carton labels and the items claimed damaged, suggesting that the items never were tendered for shipment.
Every household good need not be listed on the inventory. Our review shows that for all but two of the 15 items evidence of tender is adequate for a prima facie case of carrier liability. The two exceptions are for a bait bucket claimed to have been packed in the "stereo" carton, and a damaged dishdrain mat claimed to have been packed in a box labeled "desk items." The carrier thus is entitled to a refund of $2.80 for the bucket, and $2.89 for the mat.
James F. Hinchman General Counsel
Date:
To: Director, Claims Group/GGD - Sharon Green From:General Counsel - James F. Hinchman Subject: American Van Services, Inc. (B-249059) (Z-2862118-12)
Returned is Claims File Z-2862118-12 and a copy of our decision.
Attachments American Van Services, Inc., B-249059
#7:Inv. - CP 4.5 toys 1840R - 5x7 brass picture frame brken AVS - picture frame is not "toy" 7/27 ltr - was for a Mickey Mouse picture $.90 this picture="toys" -- liable
#13:Inv. - cp 4.5 toy model 1840R - clip-on light broken walkie-talkie broken battery charger broken AVS - none is a "toy model" (concedes on w- t, $.79) 7/27 ltr - unlikely only a toy model in box; all came out of chilren's rm 180A notes charger is for "AA", Radio Shack wall mount $14.23
per 7/27 ltr, & fact that toys have batteries/lights, liable; also, note AVS says charger's problem was internal defect -- but if it took a charge before shipment, and didn't after, may well have been dropped. (Didn't address, as is only a side issue.)
#59:Inv. - garden supplies 1840R - display plaque AVS - not "garden supplies" 7/27 ltr - was stored in garage $3.00
per 7/27 ltr, liable
#73: Inv - CP 4.5 tupperware or #79, CP 4.5 pots/pans 1840R - prints creased/scratched AVS - are neither 7/27 ltr - kitchen wall hangings that were packed w/pot and pans and other kitchen miscellaneous $10.80
per 7/27 ltr, liable
#91: Inv - 4.5 CP stereo 1840R - bait bucket video cassette tape holder AVS - neither is a stereo 7/27 ltr - every item doesn't have to be listed $2.80 (bucket) + $9.26 (v.c.holder)
not liable for bucket -- no relationship at all #94: Inv. - CP china barrel, glassware 1840R - 2 models 180A - airplane model & dinosaur model AVS - neither is glassware 7/27 ltr - see #91 $32.36 + $6.26
since items are fragile, & therefore may have been packed w/glassware -- liable
#95: Inv. - CP china barrel, glass cups 1840R - mineral sample ivory carving beer stein AVS - neither mineral sample nor carving ("model") is a "glass cup" (concedes on beer stein) 7/27 ltr - see #91 $6.26 + $8.10
same as above
#139: Inv. - 1.5 desk items 1840R - dishdrain mat AVS - is not a desk item 7/27 ltr - see #91 $2.89
not liable -- no relationship at all
#196: Inv - 1.5 hobby 1840R - drink mugs AVS - mugs are not hobby items 7/27 ltr - see #91 $11.66
could well be hobby items -- liable
#207: Inv. - 7 slats 1840R - bedrails/slats missing AVS - there was no #207, just 1-199 and 1-53 7/27 ltr - n/a $42.78
per inv., looks like there was a #207 - liable
#233: Inv - fishing reels 1840R - fishing rod/reel AVS there was no # 233 7/27 ltr - n/a $14.47
per inv., looks like there was a #233 - liable