I-19 Complete.pdf - SDDC - U.S. Army

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ORIGINAL PAGE 4-6INTERNATIONAL PERSONAL PROPERTY RATE SOLICITATION I-<strong>19</strong>UB (Code 7)UB (Code 8)UB (Code J)Item 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, UnitedStates Code, 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,in pounds, 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 TSPwill satisfy 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 hasbeen forwarded by a MCO within nine months of delivery, the TSP will be liable for the full replacementvalue. If the TSP receives such a claim from a MCO more than nine months after delivery, but it ispostmarked or electronically transmitted within nine months of the delivery date, then the TSP will treat theclaim as if it had been filed directly with the TSP within nine months and the TSP will be liable for fullreplacement value protection. On these claims, the TSP’s liability is as follows:
ORIGINAL PAGE 4-7INTERNATIONAL PERSONAL PROPERTY RATE SOLICITATION I-<strong>19</strong>(a) For items that are damaged but not destroyed, the TSP will, at its option, either repair the itemsto the extent necessary to restore them to their condition when received by the TSP, or pay the claimant forthe cost of 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 samemanufacturer and should be the same make and model as the item that was lost or destroyed. If the TSPcannot find a new item that is the same as the item that was lost or destroyed, it may replace the item withone of comparable qualities and features. However, for lost or destroyed items that are parts of sets, such asa silver service, crystal glasses, or china, the TSP may replace the lost item with a like item that matches therest of the set. Likewise, some items, such as collectable figures (e.g., Hummel and Lladro), collectableplates, collectable dolls, baseball cards, antiques, comic books, coin and stamp collections, and objects of art,cannot be properly replaced with new items because their value is based, in part, on the fact that they are nolonger made and are no longer available for purchase as new items. For this type of item, the TSP mayreplace the lost or destroyed item with the same or comparable item or pay the replacement cost of the item.(c) When FRV applies to a shipment that includes one or more motor vehicles (automobiles, vans,pickup trucks, motorcycles or sport utility vehicles), the TSP’s maximum liability for the vehicles shall bethe value stated in the current issue of the N.A.D.A.’s Official Used Car Guide (the “Guide”) for suchvehicle(s), adjusted for mileage and other factors considered in the guide. However, if either the owner orthe TSP has obtained an appraisal of the vehicle from a qualified appraiser, settlement will be based on theappraised value rather than the book value.(d) For boats, personal watercraft, ultra light aircraft, pianos, organs, firearms, objects of art, allterrainvehicles, and snowmobiles, the TSP may replace the item with a comparable used item or pay theundepreciated replacement cost, because these are large, expensive items that are not part of the typicalshipment and have an active, widespread secondary market.(e) The owner may reject a payment or item offered by the TSP to settle a claim. If an ownerfiles a claim with the TSP within nine (9) months of delivery, but fails to settle the claim directly with theTSP, the owner/consignee may transfer his claim to a MCO subject to the limitation of Item 413. In thosecases where transfers have occurred, the TSP shall not have the option to repair or replace items in kind, butmust pay to the MCO the repair cost or undepreciated replacement cost of a new item, whichever is less. Ifthe TSP can show that they offered the owner a replacement item of comparable or better quality than theitem lost, the TSPs liability for that item will be limited to their replacement cost at the time offered(including any tax or drayage) or the amount demanded, whichever is less.(f) Replacement cost is based on the replacement cost at destination. It includes any shippingcharges and sales tax. However, the TSP is not required to pay shipping charges and/or sales tax in excess of$10 on a claim until it receives proof that the charges and taxes were actually paid.g. Actual Value (Depreciated) Liability(1) If the owner files a claim directly with the TSP more than nine months after delivery, the TSP isliable for the depreciated value of the items only up to a maximum of $1.25 times either the net weight of the
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I-19 Complete.pdf - SDDC - U.S. Army

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