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

ORIGINAL PAGE 4-16INTERNATIONAL PERSONAL PROPERTY RATE SOLICITATION I-19(1) The TSP is responsible for promptly dealing with claimants who have had essential items lost,destroyed or made unusable due to damage. Owners are responsible for notifying the TSP, MCO, or PPSOof such a loss within 7 days of the date their goods were delivered. Any item not identified in this way bythe owner shall not be considered “essential.”(2) Upon notification of the loss of an essential item by either the claimant, MCO or SDDC, the TSPshall either pay for such items, provide temporary or permanent replacements for them, repair them orsuch other arrangement as agreed to by Member. Such action must be taken within two (2) businessdays of notification, regardless of whether a claim has been filed. Any payments made by the TSPpursuant to this paragraph shall be considered an advance and should not exceed the TSP’s expectedtotal liability. Claimant will still be required to file a claim for their loss. Any advance payment madewill be deducted from the owner’s eventual award. Such payments are subject to the same maximumliability and rules as apply to all payments under this Tender.(3) If a TSP declines to provide or pay for an essential item or fails to respond to notification withinthe two (2) business day period, the claimant may file a claim for said item(s) directly with the MCO. Insuch cases, the claimant shall retain his or her right to FRV for those essential items with which notice wasprovided to the TSP. The claimant is expected to file the remainder of their claim consistent with theprovisions of this Tender.(4) In the event that a TSP identifies or is informed of the loss or damage of an essential item forwhich it believes it is not liable under Item 410, Exclusions from Liability the TSP shall inform theowner’s MCO within 24 hours. In such cases, the MCO shall handle the advance payment and claims.If it is later determined that the TSP was, in fact, liable for the loss, the MCO will assert a recoveryclaim against the TSP. The TSP may be liable as if the Member had filed a claim with the TSP withinnine months of their loss.(5) Essential items are only those items necessary for everyday living, which would reasonably needto be replaced promptly. Items used solely for entertainment purposes are not considered essential. Fungibleitems that are regularly used up or worn out and must be routinely replaced are not considered essential.Essential items include:(a) Refrigerators or other appliances necessary for the safe storage and preparation of food.(b) Necessary medical equipment.(c) Mattresses.NOTE: DOD, or any of its components, may require TSPs to provide claims reports. These reports shallinclude, as a minimum, shipment information/identification, loss/damage reports and, information aboutclaims settlement, if settlement has occurred.Item 414Limitation of Actiona. All claims and actions at law by Transportation Service Providers for recovery of their charges onshipments, subject to the provisions of this solicitation, will be filed within 3 years (not including any time ofwar) from date of: