[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR375.707]



[Page 102]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 375_TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; 

CONSUMER PROTECTION REGULATIONS--Table of Contents

 

                     Subpart G_Delivery of Shipments

 

Sec. 375.707  If a shipment is partially lost or destroyed, what 

charges may I collect at delivery?



    (a) If a shipment is partially lost or destroyed, you may first 

collect your freight charges for the entire shipment, if you choose. If 

you do this, you must refund the portion of your published freight 

charges corresponding to the portion of the lost or destroyed shipment 

(including any charges for accessorial or terminal services), at the 

time you dispose of claims for loss, damage, or injury to the articles 

in the shipment under part 370 of this chapter.

    (b) To calculate the amount of charges applicable to the shipment as 

delivered, you must multiply the percentage corresponding to the 

delivered shipment by the total charges applicable to the shipment 

tendered by the individual shipper. The following four conditions also 

apply:

    (1) If the charges computed exceed the charges otherwise applicable 

to the shipment as delivered, the lesser of those charges must apply. 

This will apply only to the transportation of household goods and not to 

charges for other services the individual shipper ordered.

    (2) You must collect any specific valuation charge due.

    (3) You may disregard paragraph (a) of this section if loss or 

destruction was due to an act or omission of the individual shipper.

    (4) You must determine, at your own expense, the proportion of the 

shipment, based on actual or constructive weight, not lost or destroyed 

in transit.

    (c) The individual shipper's rights are in addition to, and not in 

lieu of, any other rights the individual shipper may have with respect 

to a shipment of household goods you or your agent(s) partially lost or 

destroyed in transit. This applies whether or not the individual shipper 

exercises its rights provided in paragraph (a) of this section.