[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR375.707]

[Page 111]
 
                        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) (1) If a shipment is partially lost or destroyed, you may 
collect at delivery:
    (i) A prorated percentage of the binding estimate or a prorated 
percentage of up to 110 percent of the non-binding estimate. The 
prorated percentage is equal to the percentage of the weight of that 
portion of the shipment delivered relative to the total weight of the 
shipment. For example, if you deliver only 2,500 pounds of a shipment 
weighing 5,000 pounds, you may demand at destination, as applicable, 
only 50 percent of a binding estimate or 50 percent of not more than 110 
percent of a non-binding estimate;
    (ii) Charges for any additional services requested by the shipper 
after the bill of lading has been issued; and
    (iii) Charges for impracticable operations, if applicable, except 
that such charges must not exceed 15 percent of all other charges due at 
delivery.
    (iv) Any specific valuation charge due.
    (2) You must bill and collect from the individual shipper any 
remaining charges not collected at delivery in accordance with subpart H 
of this part.
    (b) 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) You may disregard paragraph (a)(1) of this section if loss or 
destruction was due to an act or omission of the individual shipper.
    (d) 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 any rights to obtain a refund of 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 articles 
in the shipment under part 370 of this chapter.

[72 FR 36775, July 5, 2007]