international personal property rate solicitation i ... - SDDC - U.S. Army

PAGE 4-6INTERNATIONAL PERSONAL PROPERTY RATE SOLICITATION I-25Item 410Liabilitya. Liability Limits for Loss or DamageThe TSP is liable to the owner, or to the military service that contracted for the shipment, for loss ordamage that occurs to the owner’s personal property while it is in the custody of the TSP, or of any agent,employee, or subcontractor of the TSP. Liability on all shipments, whether domestic or international, will bedetermined in accordance with the Carmack Amendment to the Interstate Commerce Act, (Title 49, United StatesCode, Section 14706), except as otherwise provided in this Tender.b. If a claim is filed directly with the TSP within nine months of delivery, then the TSP’s maximumliability on each household goods (HHG) and unaccompanied baggage (UB) shipment will be:(1) $5,000 per shipment, or(2) $4.00 times either the net weight of the HHG shipment or the gross weight of the UB shipment, inpounds, not to exceed $50,000, whichever is greater.c. On all other loss and damage claims asserted against the TSP, the TSP’s maximum liability will belimited to $1.25 times either the net weight of the HHG shipment or the gross weight of the UB shipment, inpounds.d. Payments by the TSP to an owner for inconvenience claims will not be deducted from the TSP’smaximum liability for loss or damage, but are a separate liability.e. For the purposes of meeting the nine month filing deadline to qualify for FRV on shipments for whichmore than one TSP had custody of the goods in transit ( e.g. Code 3), filing a claim with the delivery TSP willsatisfy the requirement for all TSPs and warehouses in the chain of custody.f. Full Replacement Value (FRV) Liability(1) When the owner files a claim with the TSP as indicated in Item 413, within nine (9) months ofdelivery, the TSP is liable for the Full Replacement Value (FRV) of any lost or destroyed items.(2) If an owner submits a claim to a Military Claims Office (MCO) within nine (9) months ofdelivery but wants it to be forwarded to the carrier for settlement, the claim will be forwarded within 9months of delivery and within 30 days of receipt by the MCO. If the TSP receives such a claim that has beenforwarded by a MCO within nine months of delivery, the TSP will be liable for the full replacement value. If theTSP receives such a claim from a MCO more than nine months after delivery, but it is postmarked orelectronically transmitted within nine months of the delivery date, then the TSP will treat the claim as if it hadbeen filed directly with the TSP within nine months and the TSP will be liable for full replacement valueprotection. On these claims, the TSP’s liability is as follows:(a) For items that are damaged but not destroyed, the TSP will, at its option, either repair the items tothe extent necessary to restore them to their condition when received by the TSP, or pay the claimant for the costof such repairs.(b) For most items that are destroyed (i.e., the repair cost exceeds replacement cost) or lost, theTSP will, at its option, either replace the lost or destroyed item with a new item, or pay the undepreciatedreplacement cost of a new item. New items should, to the greatest extent possible, be from the same