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B-270007 1 (1996-06-20)

handle is hein.gao/gaocrptadvt0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Allied Van Lines-Claim for Reimbursement of Amounts Collected by
             Setoff for Lost Computer and Software

File:        B-270007

Date:        June 20, 1996

DIGEST

1. A prima facie case of carrier liability is established where lost items bear a
reasonable relationship to items shown on the inventory as having been packed in
the carton containing the lost items. A main computer unit, associated peripheral
equipment, and software that are compatible parts of a single personal computer
arrangement bear such a reasonable relationship to each other.

2. Where specific items are listed on the DD Form 1840, the fact that the shipper
may have mistakenly failed to identify the correct box number in which the
allegedly lost items were located does not negate otherwise timely notice of the
loss.

DECISION

Allied Van Lines, through its agent, Resource Protection, requests reconsideration of
our Claims Settlement Z-151685(95), September 5, 1995, to the extent the settlement
disallows reimbursement of the offset from funds otherwise due Allied. The setoff
arose from loss during storage and shipment of the household goods of Odis
Braxton, government bill of lading No. 768-577. We affirm the Claims Settlement.

The record shows that the carrier picked up the shipment of household goods on
April 8, 1992, from San Pedro, California. On April 10, 1992, the shipment, while in
temporary storage in San Diego, was broken into, and some items were stolen. The
remainder of the shipment was delivered to Memphis, Tennessee, on September 25,
1992.

The Army paid the shipper for items lost in the theft and filed a claim with Allied
for $4,946. Allied offered to pay $2,672. The Army offset the entire $4,946 and
Allied requested a refund of $2,719. Our Claims Settlement allowed refund of $739
for a color scanner and fax modem which had been claimed by the shipper, based
on a finding that the evidence of tender of those items to the carrier was deemed


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