QAa Excerpt Attachment G6 (DPM) Claims and Liability Procedures DTR Part IV.pdf

Defense Transportation Regulation – Part IV 20 August 2019 Personal Property

IV-G6-10

or contractor must have the option, at its expense, to conduct a joint inspection of every item and carton listed on the shipment inventory. If, at the time each item is checked, there is a difference in the condition of the items from what is listed on the shipment inventory, the receiving TSP driver must prepare an exception sheet noting the condition of the containers or to specific cartons within the containers, and use a rider noting thereon any shortage/overage, or differing conditions, cross-referenced to the original shipment inventory.

If no new loss and/or damage is discovered, an exception sheet must be prepared stating, “no differences noted”, signed and dated by the receiving TSP’s warehouseman and driver. In the event the opinion of the delivering TSP or contractor’s driver and the receiving TSP or contractor representative differ, both opinions must be listed on the rider and separately identified. Both the delivering and receiving TSP or contractor representatives must sign and date the exception sheet/rider, each retaining a legible copy for their files. In the event a claim is filed, each TSP or contractor receiving the goods from another TSP or contractor must furnish legible copies of the exception sheet/rider to the member or MCO, upon request.

2. Liability Limits for Loss or Damage:

a. The contractor is liable to the member/employee, or to the Service that contracted for the shipment, for loss and/or damage that occurs to the member/employee’s personal property while it is in the custody of the contractor. Liability on all shipments, whether domestic or international, must be determined IAW the Carmack Amendment to the Interstate Commerce Act, (Title 49, United States Code, Section 14706, Liability of Carriers Under Receipts and Bills of Lading) unless a specific provision herein establishes a different rule or procedure

b. Effective 1 October 2019, when a claim is filed directly with the contractor within 9 months of the delivery date, the contractor ’s maximum liability on all shipments must be the greater of:

(1) $7,500 per shipment, or

(2) $6.00 times either the net weight of the HHG shipment or the gross weight of the UB shipment, in pounds, not to exceed $75,000.

c. On all other loss and/or damage claims asserted against the contractor, the contractor’s maximum liability must be limited to $1.25 times the net weight of the shipment, in pounds.

d. Payments by the contractor to a member/employee for inconvenience claims must not be deducted from the contractor’s maximum liability for loss or damage, but are a separate liability.

3. FRV Liability:

a. When the member/employee files a claim with the contractor within 9 months of the delivery date, the contractor is liable for the FRV of any lost or destroyed items subject to the limits of liability stated in Paragraph B.2.

b. If a member/employee submits a claim to a MCO within 9 months of the delivery date but wants the claim to be forwarded to the contractor for settlement, the member/employee must be considered as having filed within 9 months of the delivery date.

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