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g. Loss or Damage Notation. In case of loss or damage to the property while in transit, as revealed at the time of delivery, appropriate reference thereto will be made in the space provided for such remarks on the reverse of the original bill of lading.

h. Qualified Accomplishments. Bills of lading will not be accomplished "Subject to Check" or with any other indefinite qualification.

5. SURRENDER OF ACCOMPLISHED BILLS OF LADING. After the accomplishment has been executed, receiving officer will surrender Government Bills of Lading (Standard Form 1103-1106 or 1131-1134) to the carrier named in the consignee's certificate of delivery either by mail or direct to the carrier's representative when so requested. If an original Government Bill of Lading (Standard Form 1103 or 1131) is not received by the activity within 15 days after arrival of a shipment, action will be initiated toward obtaining the original or certificate in lieu of lost bill of lading.

6. TEMPORARY RECEIPT IN LIEU OF U. S. GOVERNMENT BILL OF LADING.

a. Temporary Receipt. If the bill of lading is not accomplished and delivered to the carrier upon receipt of the shipment, the carrier's freight bill or other appropriate document should be signed in duplicate upon delivery of the shipment. Pertinent notation should be made thereon concerning any loss or damage which is apparent, and the original of such document should be returned to the carrier to serve as a temporary receipt pending location or delivery of the original Government bill of lading. In the event signature of such freight bill or other document presented by the carrier is not adequate or acceptable, Standard Form 1107 (Temporary Receipt in Lieu of U. S. Government Bill of Lading) should be executed in duplicate for the property actually received. The original will be surrendered to the carrier and a carbon copy will be retained for the consignee's record.

b. Original Bill of Lading Located. If delivery of the shipment is effected on a temporary receipt (Standard Form 1107), and the original bill of lading is located by the consignee prior to the issuance of a certificate in lieu of lost bill of lading, the original bill of lading should be accomplished and exchanged with the carrier's agent for the temporary receipt, which temporary receipt should then be marked "Cancelled" and filed in the consignee's office records.

7. Shipments moving on Government bills of lading (including collect commercial docu

ments for conversion) may not be refused because of damage in transit, they may however, be rejected to a vendor because of failure to meet specifications.

8. The receiving officer and/or his agent will check carefully every shipment received as to the number of pieces billed and actually delivered, as well as the condition, before signing and carrier's delivery receipt. Any apparent damage or shortage observed at time of delivery will be entered either on face or reverse of carrier's delivery receipt. Such notation will be signed by the receiving officer or his agent and the agent of the delivering carrier will acknowledge the shortage or damage on the receiving officer's copy of the delivery order. As soon as a shipment is received at the destination, a physical check of the property received will be made against the items as shown on the Government or commercial bill of lading.

9. As soon as a damaged shipment is discovered the agent of the delivering carrier will be notified in writing of such damage. He shall be extended privileges of examining the shipment and shall be requested to prepare an inspection report. The carrier will be advised that in the event he fails to make an examination of the damage shipment within 72 hours, the consignee's inspection will be considered final. All correspondence written in connection with damage claims shall bear reference to the Government bill of lading number and, if covered by a commercial bill of lading, the correspondence shall so state. If a shortage exists on any shipment, except when seals are intact, the agent of the delivering carrier will be notified in writing of the shortage and requested to instigate tracer proceedings immediately on the missing articles. Accomplishment of the original bill of lading should be delayed as much as 30 days from the date of receipt of shipment, to afford an opportunity for the location of the shipment. If shortage still exists when bill of lading is accomplished notation thereof will be made on the reverse side. The delay may be extended a reasonable time, not to exceed an additional 30 days if the carrier specifically so requests.

10. Necessary action should be taken by the receiving officer at the time a shortage or damage is discovered to determine the lia bility therefor, and to collect and transmit to the Commandant of the Marine Corps (Code CSJ) without delay, all pertinent evidence in connection with the shipment.

11. Accomplishment and surrender of Government bills of lading to carrier when loss or damage is involved.

a. When the receiving officer determines that a loss or damage exists he will make a notation in the appropriate space on the reverse of the bill of lading in connection with his accomplishment. In no case is the carrier to be relieved of responsibility for loss or damage to Marine Corps property without prior approval of the Commandant of the Marine Corps except as outlined in subparagraph 12.c., and in no case will statements relieving the carrier of responsibility be placed on the bill of lading.

b. The receiving officer will notify the carrier, in writing, at the time of surrender of accomplished bill of lading of any exception noted on the reverse thereof, forwarding a copy containing copies of all enclosures, to the Commandant of the Marine Corps (Code CSJ), and a copy to the cognizant accountable officer. The enclosures to letter to the carrier shall consist of pertinent evidence substantiating claim such as carrier's inspection report, copy of carrier's delivery receipt bearing notation of loss and damage and photographs if available. However, in no case shall copies of DD Form 6 (Report of Damage or Improper Shipment) be furnished to the carrier.

b. If the damage is extensive and, in the opinion of the receiving officer, repairs by the Marine Corps personnel will be impracticable, bids will be requested from reputable commercial concerns. With the written consent of the carrier's agent, the lowest bidder will be employed to make the repairs. Settlement will be made to the contractor on Standard Form 1034 prepared by the receiving officer and forwarded to the disbursing officer who normally pays the accounts of the activity concerned. In all cases the Commandant of the Marine Corps (Code CSJ) will be advised so that appropriate deduction may be made from the carrier's bill to recover the amount of claim.

c. Marine Corps activities not having authorized funds set aside for payment of contractor's bills in connection with repairing of damaged articles locally, will obtain authority from the carrier to have necessary repairs made locally and for the direct payment to the contractor by the carrier of charges involved. After repairs have been satisfactorily completed and proof of payment of the contractor's bill by the carrier has been received, the carrier should be released, in writing, of all obligations in connection with the damage with the assurance that no further deductions in connection with such damage to the shipment will be made when bill of lading is presented for payment.

d. Marine Corps activities having authorized funds set aside for payment of contractor's repair bills may, if in the opinion of the receiving officer the Government's best interests are served, have damaged material repaired and such bill paid in the manner outlined in sub-paragraph c.

e. Under no circumstances will secret, confidential, restricted, or technical supplies and equipment be placed in custody of carrier or contractors to be repaired by them. Disposition of such property shall be obtained from the Commandant of the Marine Corps (Code CSJ).

f. Should the damage be of such nature that satisfactory repairs cannot be made, the damaged articles will be returned to the carrier's agent for salvage purposes. In such cases a receipt therefor, in duplicate, should be obtained and one copy forwarded to the Commandant of the Marine Corps (Code CSJ).

g. The provisions of subparagraph f. will not apply where material is of a classified or critical nature, including certain ordnance items which because of their nature, should not be in the possession of persons not officially entitled thereto (i.e., machine guns, rifles, revolvers, ammunition, etc.). In the subject type case disposition of such property will be requested from the Commandant of the Marine Corps (Code CSJ). When a shortage which apparently occurred in transit

exists in the above mentioned classified property, a complete report thereof will be submitted promptly by letter to the Commandant of the Marine Corps (Code CSJ); copy to Code CSF.

13. CONCEALED LOSS OR DAMAGE.

a. When a damage to, or shortage in a shipment was not revealed at time of delivery but is discovered later, and its occurrence while in hands of carrier is indicated, the carrier will be notified immediately by letter of all pertinent facts and requested to inspect the physical evidence of loss and damage and to prepare a carrier's inspection report.

b. Inspection by carrier shall be made as soon as practicable (in any event within 72 hours), and shall include examination of the package and its contents for evidence of abstraction of the missing goods or evidence of damaged goods; checking contents with invoice and weighing for comparison with shipping weight; and investigation of drayman's record of handling shipment. The report of inspection shall be made in duplicate on appropriate standard forms and signed by the carrier's agent and receiving officer. One copy thereof will be retained by the consignee and forwarded to the Commandant of the Marine Corps (Code CSJ) without delay.

c. In case no inspection is made by the carrier's agent after proper notice, the

receiving officer's inspection shall be accepted as a carrier's inspection.

d. Failure of the receiving officer to comply with the foregoing regulations shall be regarded as indicating complete delivery of freight by the carrier in good condition.

e. Notice of loss or damage may be given the carrier's agent by telephone, or in person, but in all cases shall be confirmed in writing.

f. In case of loss or damage as provided above, if inspection is not made by carrier's representative, details of findings of inspection by the receiving officer shall be furnished the carrier's agent with a copy to Commandant of the Marine Corps (Code CSJ), immediately upon completion of the inspection. This report will present all pertinent evidence in connection with loss or damage but in no case will it make recommendations as to settlement of claims.

g. Should the loss or damage not be discovered until after the bill of lading has been accomplished, the regulations outlined above should be followed and the Commandant of the Marine Corps (Code CSJ) advised accordingly.

14. DD Form 6 (Report of Damaged or Improper Shipment)-- The use of the subject form is prescribed as follows:

a. When form is used:

(1) In reporting all shipments received in a damaged or otherwise unsatisfactory condition because of; deficiencies in preservation, packaging, packing, marking, loading or stowage, or in handling.

(2) In reporting apparently excessive preservation, packaging, and packing.

b. When form is not used:

This form is not intended for use:

(1) in reporting overages. (2) in reporting shortages. (3) in reporting improper documentations and claims.

(4) Not to be used in lieu of the various reports requested in sub-paragraphs 9, 10, 12, 13, (or in subsequent paragraphs requiring other reports).

DD Form 6 will be prepared whenever a Marine Corps installation receives from another military installation, Government department, a vendor, or an individual, a shipment which is damaged or otherwise unsatisfactory because of such deficiencies outlined above. The report is valueless

unless the shipment is correctly identified and all deficiencies clearly described and all other pertinent data included to assist in taking corrective action. Identification data on the face of the form is explanatory and on the reverse of the form is a list of some of the more common items to be considered in preparing the report. The original and one copy of the report shall be forwarded to the Commandant of the Marine Corps (Code CSJ) with information copies to the interested activity.

15. A time limit of nine months is stipulated in the Uniform Straight (Non-Negotiable) bill of lading form as the period in which claims for loss or damage must be submitted. Although a printed condition, on the reverse of the Government bill of lading, Standard Form 1103, sets aside the above limitation, such condition, in numerous instances, is deleted by the carrier for the purpose of subjecting the shipment to the conditions stipulated in the commercial bill of lading. In view of the questionable legal effect of such deletion and in order to protect the interests of the Government, every effort should be made to comply with these provisions and unless claims are so made the carrier may choose to disclaim liability under the terms of the commercial bill of lading. In order that this rule may be complied with in all cases of loss or damage to public property, the agent of the carrier will be notified, in writing: (1) of any loss or damage (2) that proper notation has been made on the bill of lading showing loss or damage incurred (3) that the notice constitutes a claim for the values thereof. In every case a copy of the letter addressed to the carrier will be forwarded to the Commandant of the Marine Corps (Code CSJ). Any collection or adjustment on account of loss or damage to Government property shipped as checkable baggage on transportation requests, and incident to such transportation, will be effected by the Commandant of the Marine Corps.

16. On carload and truckload shipments the notation of shortage or damage will specify whether original seals were intact upon

arrival. When a carload or truckload arrives at destination with original seals intact (i.e., those which were applied by the shipper or shipping activity and noted on the original bill of lading), but with existing shortage, such original seals will serve as evidence that the shortage was not the responsibility of the carrier in absence of convincing evidence to the contrary. Shortage will be noted on the reverse of the bill of lading with the statement that the original seals were intact when received.

17. When a shortage has been noted on a bill of lading, which has been surrendered to the