300105 |
Filing of Claims
(a) Claims in writing required. A claim for loss or damage to baggage
or for loss, damage, injury, or delay to cargo will not be voluntarily paid
by a carrier unless filed in writing, as provided in subparagraph (b) below,
with the receiving carrier or carrier issuing the bill of lading receipt,
ticket or baggage check, or carrier on whose line the alleged loss, damage,
injury or delay occurred, within the specified time limits applicable thereto
and as otherwise may be required by law, the terms of the bill of lading,
or other contract of carriage, and all tariff provisions applicable thereto.
(b) Minimum filing requirements. A communication in writing from a
claimant, filed with a proper carrier within the time limits specified in
the bill of lading contract or contract of carriage or transportation, and
(1) containing facts sufficient to identify the baggage or shipment (or shipments)
of property involved, (2) asserting liability for alleged loss, damage, injury
or delay, and (3) making claim of a specified or determinable amount of money,
will be considered as sufficient compliance with the provisions for filing
claims embraced in the bill of lading or other contract of carriage.
(c) Bad order reports, appraisal report of damage, notations of exception
on freight bills or other documents, inspection reports issued by carrier
inspectors or inspection agencies, tracers or inspection requests do not comply
with claim filing requirements.
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30010 |
Documents Required in Support
of Claims
(a) A written demand for payment, asserting carrier liability
for alleged loss, damage, injury, or delay, and containing facts sufficient
to identify the shipment or shipments involved will constitute a claim, regardless
of form, and will be required.
(b) When claimant does not appear from the supporting documents to
be an interested party, carrier will require any necessary written assignment
or other proof to determine the claimant is the proper party to receive any
claim payment.
(c) Claim must be supported by either the original invoice; a photographic
copy of the original invoice; an exact copy thereof, or an extract therefrom,
certified by the claimant or his authorized representative to be true and
correct with respect to the property involved in the claim and reflecting
all trade or other discounts, allowances, or deductions of any nature. When
the original invoice is not submitted, such document must be made available
for inspection by carrier representative upon request.
(d) When determined by the carrier to be a necessary part of the investigation,
the following will be required:
1. The original freight bill and bill of lading or
other contract of carriage. When claimant cannot furnish these documents,
carrier may require suitable indemnity from the claimant.
2. When the property involved in the claim has
not been invoiced to the consignee or where invoice does not show price or
value, or where the property has not been sold but has been transferred at
bookkeeping values only, or where property has been shipped on consignment
or approval, documentation to establish destination value in the quantity
shipped and certification of the correctness thereof.
3. In order to establish the full recoverable
loss caused by the carriers, the original amount of sale, showing the date
of sale and the amounts realized on the damaged and undamaged portions, respectively,
showing grade, brands, quality, variety, size and condition, together with
any deductions, allowances and conditions, or a copy thereof certified correct
over the signature of the claimant or an authorized representative thereof.
4. When shipment has received prior transportation
and is reshipped from a distribution or warehousing point but has been opened
and examined and contents verified as being in an undamaged condition, certification
thereof must be made by a person having actual knowledge of such inspection
and a statement to that effect incorporated in such certification.
5. When an asserted claim for loss of an entire
package or on an entire shipment cannot otherwise be authenticated upon investigation,
the carrier will obtain from the consignee of the shipment involved, a certified
statement in writing that the property for which the claim is field has not
been received from any source.
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