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after the date of discovery, the consignee shall use SF 361 to request disposition instructions from the consignor or shipper and shall convey these instructions to the delivering carrier.

(c) If a carrier attempts to deliver a shipment containing packages which are marked for another consignee or which cannot otherwise be identified, the misdirected or astray packages shall not be accepted.

[42 FR 25860, May 20, 1977, as amended at 51 24342, July 3, 1986)

§ 101-40.706 (Reserved]

§ 101-40.707 Determining liability for

discrepancies.

§ 101-40.707-1 Transportation for ac

count of the supplier. When the

the transportation is performed by the carrier for the supplier rather than for the Government (e.g., when the property is purchased f.o.b. destination), determination of liability for discrepancies in shipment will be resolved between the carrier and the supplier. However, in such instances the Government receiving activity shall make accurate notations of discrepancies on the carrier's delivery receipt or freight bill, and shall use SF 361 to furnish a report of the discrepancies to the supplier, or to the agency contracting officer as individual agency regulations may provide, to assist the supplier in resolving the discrepancies. The report shall include supporting documents; i.e., a copy of the annotated delivery receipt, photos, inspection report, or written waiver.

dures for small shipments (see $ 101– 41.304-2), or purchase order for local drayage, and (b) in other instances where the Government assumes the risk for loss and damage at origin; e.g., when property is purchased f.o.b. origin, freight prepaid. While no precise formula can be prescribed for agencies to follow in determining whether liability for loss and damage rests with the carrier, the shipper, or a third party, an analysis shall be made of all the pertinent factors and circumstances involved, including, when appropriate, consideration of the following:

(1) Type and adequacy of the packing and packaging.

(2) Adequacy of marking, including precautionary markings for fragile or dangerous cargo.

(3) Condition of the package, including any indications of rough handling or pilferage.

(4) In case of load lots:

(i) Condition of the vehicle, whether dirty, contaminated, unsafe, structurally defective, appropriate type, etc.;

(ii) Identification and condition of seals on conveyances and by whom applied;

(iii) Manner of loading, stowing, blocking, and bracing; and

(iv) Determination as to whether loading was performed by shipper or carrier.

(5) Tally records and how compiled. (6) Photographic evidence. (7) Expert or professional appraisals.

[32 FR 8965, June 23, 1967, as amended at 42 FR 25861, May 20, 1977)

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(d) International air shipments. A 2year limitation is imposed by Article 29 of the Warsaw Convention (49 Stat. 3000) for bringing court actions against air carriers for loss or damage to international air shipments.

(32 FR 8965, June 23, 1967, as amended at 51 FR 24342, July 3, 1986)

U.S.C. 10101, et seq., Pub. L. 95-473, October 17, 1978, as amended) shall be filed within the specified limits required by law, the terms of the bill of lading or other contract of carriage, and all tariff provisions applicable thereto. Pursuant to 49 U.S.C. 11707(e), bills of lading normally issued by rail and motor carriers specify that written claim be made upon the carrier within 9 months after delivery of property damaged or within 9 months following the time when delivery of property should have been made, and that suit shall be instituted within 2 years from the date the carrier or its agent notifies the claimant in writing that the specified claim is disallowed in whole or in part. Neither limitation is applicable to shipments made on Government bills of lading, or commercial bills of lading to be converted to Government bills of lading, or commercial bills of lading subject to the terms of the Government bill of lading. (See $ 101-41.302-3(g) for exemption authority.)

(2) Claims for loss or damage to shipments moving by domestic air carriers shall be filed within the limits prescribed on individual carrier's air waybills.

(b) Ocean shipments. The Carriage of Goods by Sea Act (46 U.S.C. 1303(6), as amended) imposes a 1-year limitation for bringing court action against ocean carriers for loss or damage.

(c) International air shipments. Complaints of loss or damage shall be submitted in writing to the international air carrier within the following time limits set by Article 26 of the Warsaw Convention (49 Stat. 3020, as amended):

(1) Claims for visible damage to goods must be filed as soon as possible following discovery of the damage but within 14 days from receipt of the goods;

(2) Claims for other damage to goods must be filed within 14 days from the receipt of goods;

(3) Claims for nondelivery of goods must be filed within 120 days from the date of the issue of the air waybill; and

(4) A 2-year limitation is imposed by Article 29 of the Warsaw Convention (49 Stat. 3021) for bringing court action against the carrier for loss or damage to international air shipments.

$ 101-40.710 Processing claims against

carriers. (a) When the transportation is for the account of the Government (see $ 101– 40.707-2) and when it is determined that the carrier is responsible for loss or damage to a shipment (other than household goods), a claim shall be prepared on Standard Form 362, U.S. Government Freight Loss Damage Claim, and forwarded in duplicate to the appropriate carrier with the necessary supporting documents; e.g., delivery receipts, photographs, inspection reports, except as otherwise provided in $10140.711. (See 49 CFR parts 1005 and 1056 for additional regulations concerning processing of claims against carriers subject to the Revised Interstate Commerce Act.) Standard Form 362 (see $ 101–40.4901) is approved by the Office of Management and Budget under OMB control number 3090-0113.

(b) Claims for loss and damage to household goods shipments moving on a GBL shall be prepared on claim forms furnished by the carriers.

(c) The appropriate carrier against which the claim shall be filed is

(1) Usually the destination line-haul carrier (not the drayage company or switching carrier performing the delivery service for the destination linehaul carrier) in instances of domestic freight shipments made on Standard Form 1103 or a commercial bill of lading converted to a Government bill of lading or subject to the terms and conditions of the Government bill of lading;

(2) The household goods carrier specified on Standard Form 1203; or

(3) Usually the origin carrier on ocean or international air shipments. When it is conclusively known on which carrier's line the loss or damage occurred, the claim

claim may be filed against that carrier. When no part of the shipment has been delivered, the claim would normally be filed against the carrier which accepted the shipment.

(51 FR 24343, July 3, 1986; 51 FR 27539, Aug. 2, 1986)

§ 101-40.711 Collection of claims.

§ 101-40.711-1 Claims against domestic

carriers.

Formal claims (Standard Form 362 with supporting documents) shall be filed with domestic carriers within the time limits noted in 8101-40.709.

(a) Rail carriers, motor carriers, inland water carriers, domestic forwarders, and other carriers subject to the Interstate Commerce Act (ICA), are required under 49 CFR subpart 1005.3 to acknowledge receipt of a formal claim in writing to the claimant within 30 days after receipt. In addition, 49 CFR subpart 1005.5 requires carriers which receive a written claim for loss or damage to property transported to pay, decline, or make a firm compromise settlement in writing to the claimant within 120 days after receipt of the claim by the carriers. If the claim cannot be processed or disposed of within the initial 120 days, the carriers at that time and at the end of each succeeding 60-day period, while the claim remains pending, shall advise the claimant in writing of the status of the claim and the reason for the delay in making final disposition thereof.

(b) When any carrier fails to dispose of a loss or damage claim within a reasonable period of time, agencies shall collect the claim by setoff action; i.e., withholding payments from amounts otherwise due and payable to the carrier for transportation and related services. Earlier collection by setoff may be made if it is known that a carrier is involved in a bankruptcy, insolvency, or relocation proceeding, and it is clearly in the Government's interest to do so (4 CFR parts 102 through 105).

mined to be liable has occurred in an ocean or international air shipment, effort should be made to withhold an amount sufficient to reimburse the Government for the loss or damage from the carrier's bill coverin the charges for the transportation or related services on the same shipment. If this is not possible, the withholding should be made from a payment due the carrier on an unrelated account. Notice to the carrier of withholding should request the carrier's consent to such action.

(b) If the carrier does not consent to the withholding action prescribed in paragraph (a) of this section, or if the claim is not otherwise compromised or withdrawn in accordance with 4 CFR part 103 or 104, referral of the matter shall be made to the Department of Justice for consideration of the need for suit to reduce the Government's claim to judgment. The referral shall be made at least 90 calendar days prior to the expiration of the 1-year period for bringing suit against ocean carriers (46 U.S.C. 1303(6) or the 2-year period for bringing suit against international air carriers (Article 29 of the Warsaw Convention; 49 Stat. 3021).

(38 FR 28680, Oct. 16, 1973, as amended at 42 FR 25861, May 20, 1977; 51 FR 24343, July 3, 1986)

$ 101-40.712 Referral of loss and dam.

age claims to the General Accounting Office or to the Department of

Justice Loss and damage claims which cannot be collected, compromised, or terminated in accordance with 4 CFR parts 102 through 104 shall be determined uncollectible and reported to the General Accounting Office or the Department of Justice for appropriate action under criteria established by GAO under 4 CFR part 105.

(51 FR 24343, July 3, 1986)

[51 FR 24343, July 3, 1986)

ocean

8 101-40.711-2 Claims against

and international air carriers. Regulations of the General Accounting Office (chapter 13, $ 86.1, GAO Policy and Procedures Manual for Guidance of Federal Agencies) require that:

(a) When a loss or damage for which the carrier is administratively deter

§ 101-40.713 Clearing carriers of liabil

ity. When it is determined as the result of investigation or evidence submitted by a carrier that loss or damage to a Government shipment is not the responsibility of the carrier, the consignee shall take necessary steps to clear the carrier of liability and to withdraw or forms are designed to provide uniform methods of requesting and transmitting transportation advice and assistance, uniform documentation of transactions between Government agencies, the Government and the transportation industry, and related industries.

§ 101-40.4901 Standard forms;

forms; availability.

Standard forms referenced in this part, unless otherwise provided in the section prescribing the form, may be obtained by submitting a requisition in FEDSTRIP format to the GSA regional office providing support to the requesting agency

amend any claim which may have been filed for recovery of losses. In this regard, the consignee shall prepare a document which will effectively remove or amend any exception that had been noted on the carrier's delivery documents. While no precise form or format is prescribed, this document shall be prepared in sufficient detail to identify the shipment and to show the basis for relieving the carrier of liability. This includes

(a) A reference to the Government bill of lading number or other transportation document;

(b) A detailed description of the property shipped;

(c) A reference to the exception taken to the quantity or condition of the property delivered;

(d) The number and date of any claim which has been filed with the carrier; and

(e) The basis on which the exception or claim is being withdrawn. The consignee shall forward the original of this document to the carrier against whom the claim has been filed (or, in case the claim has not yet been filed, to the carrier that is billing for transportation charges or related services), and a copy shall be attached to the blue memorandum copy (Memorandum Copy-Consignee) of the bill of lading. In addition, the consignee shall send copies of the document to other offices involved in the initial claim action. (See the GSA handbook, Discrepancies or Deficiencies in GSA or DOD Shipments, Material, or Billings (subpart 101–26.8), for reports required in connection with shipments from GSA or DOD.)

8 101-40.4901-361-1 Guidelines for

preparation of Standard Form 361, Transportation Discrepancy Report

(Rev. 3 84). See $ 101-40.4901 for information on obtaining Standard Form 361.

SECTION A

General

a. The March 1984 edition of Standard Form 361, Transportation Discrepancy Report, requires the use of codes for certain information. A stub attached to the top of the form provides instructions concerning where to locate these codes for civilian agencies and the Department of Defense (DOD). The codes furnished in this section are uniform for civilian agency use in preparing the Transportation Discrepancy Report (TDR).

b. The TDR is a two part form. Part I covers blocks 1 through 33, and part I covers blocks 34 through 47. Part I is used to request information from the shipper, give notification to the carrier concerning any discrepancy in the shipment, or report any miscellaneous problem which interferes in the timely and proper movement of freight. The proper block indicating the type of discrepancy being reported should be checked. After part I has been completed and all supporting documentation for claim has been assembled, part II will be used to support formal claims filed with the carrier/supplier. The information as contained in Part II will not be disclosed to the carrier/supplier. Blocks 46 and 47 are primarily for use by DOD.

Block Details. The following are detailed instructions for completing the TDR.

(42 FR 25861, May 20, 1977)

Subparts 101-40.8–101-40.48

[Reserved]

Subpart 101-40.49-Forms

SOURCE: 51 FR 24343, July 3, 1986, unless otherwise noted.

BLOCK NUMBER, TITLE, AND DATA ENTRY

g 101-40.4900 Scope of subpart.

This subpart provides the means for obtaining forms prescribed or available for use in connection with the subject matter covered in part 101-40. These

1. DATE. Current Julian date on which report is prepared; e.g., January 30, 1984, would be entered as 4030.

2. REPORT NUMBER. Activity address code (AAC), if assigned, of the reporting activity and a 4-digit number (0001-9999) for each TDR issued within the calendar year.

3. TO. Name and address (including ZIP Code) of the office or carrier to which the TDR is to be mailed.

4. REPORTING ACTIVITY. Name and address (including ZIP Code) of the reporting activity.

5. CONSIGNOR. Name, address, activity address code (if assigned), and ZIP Code of the activity making or directing the shipment.

6. CONSIGNEE. Name, address, activity address code (if assigned), and ZIP Code of the activity scheduled to receive the shipment.

7. SHIPPER. Name, address, activity address code (if assigned), and ZIP Code of the activity physically making shipment for the account of the consignor. Where the shipper is the consignor, enter “Same as block 5."

8. CARRIER ROUTING AND IDENTIFICATION. Enter Standard Carrier Alpha Code(s) (SCAC) from the transportation document in the proper sequence in the shaded blocks. Enter name of carrier(s), identification number of car, truck, trailer, or the name of the vessel. For containers, show the trailer/container number.

9. POINT OF ORIGIN. Leave blank unless different than block 5.

10. CARRIER'S PRO/FREIGHT BILL NO. Copy the number from the carrier's delivery receipt.

11. DESTINATION. Leave blank unless different than block 6.

12. BILL OF LADING NO. TYPE. Enter the number and indicate the type, i.e., GBL (Government bill of lading) or CBL (commercial bill of lading).

13. MODE CODE. Choose correct code from section B.

14. DATE CARRIER SIGNED FOR SHIPMENT. Julian date that the carrier signed for shipment.

15. DATE CONSIGNEE RECEIVED SHIPMENT. Julian date of receipt of shipment. If the shipment is “all short," leave blank.

16. DATE DISCREPANCY DISCOVERED. Enter the Julian date of discovery.

17. DATE CARRIER NOTIFIED. Julian date on which the commercial carrier was first notified and the manner notified; e.g., "4133, telephone.”

18. NAME OF PERSON CONTACTED. Enter the name and telephone number of the person contacted at the carrier.

19. SEAL NUMBERS AND CONDITION. Place an “X” in the proper block to show seal numbers and condition. Include an explanation when there is a variance between the seal number(s) shown on the transportation document and the seal(s) as affixed to the carrier's vehicle.

20. ACQUISITION DOCUMENT AND/OR TRANSPORTATION CONTROL NO. Applicable acquisition document number; e.g., req

uisition or purchase request and/or transportation control number.

21. COMMODITY DESCRIPTION AND/OR NATIONAL STOCK NO. (NSN). Noun description of commodity, and NSN or part number.

22. TYPE OF PACK. Choose the correct code from section C.

23. QUANTITY DISCREPANT (PIECES). Actual number of pieces of discrepant freight as evidenced by the applicable bill of lading or governing transportation document.

24. TYPE AND CAUSE CODE. Show the correct code from section D which will most clearly identify the type and cause of the discrepancy.

25. UNIT OF ISSUE. Show the 2-position alpha abbreviation of the type of unit under which the material was issued. See the shipping docket/packing list.

26. UNITS BILLED/SHIPPED. Show the actual number of units of issue billed (invoiced) or shipped as evidenced by the applicable shipping document/packing list.

27. DISCREPANT UNITS. Actual number of issue units discrepant,

28. DISCREPANT WEIGHT. Show the total weight for the discrepant pieces in block 23.

29. VALUE OR COST OF REPAIRS. Actual value of loss sustained or cost of repairs, including transportation to and from the repair shop, cost of estimates, etc. For nonrepairable damage, use the replacement cost. Enter value of material when reporting over or astray freight.

30. REMARKS. Use this block to request information needed in the investigation of the discrepancy, to notify the carrier of a discrepancy in the shipment, or to report miscellaneous problems for correction by the shipper. Include photographs (if available) or any document the shipper or carrier may not have that will aid in a reply. For miscellaneous problems not involving claim, provide detailed information and indicate responsibility. When the discrepancy involves classified/protected hazardous material, provide additional details such as security classification, nature of hazardous material violation, etc.

31. A. NAME OF PREPARER. Self-explanatory.

B. TITLE. Self-explanatory.

C. TELEPHONE NO. Show both the commercial and Federal Telephone System (FTS) telephone number of the persons signing the form.

D. SIGNATURE. Self-explanatory.

32. REPLY. Use this block to reply to any questions asked in block 30 or to furnish any information to aid in the investigation of the discrepancy.

33. A. NAME OF RESPONDENT. Self-explanatory.

B. TELEPHONE NO. Show both the commercial and FTS telephone number of the person signing in block 33D.

C. ADDRESS. Show official address.

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