§FMCSR.com
Historical textIn force on Sept. 30, 2007Source: annual CFR editions 2003–2006

§ 375.707 If a shipment is partially lost or destroyed, what charges may I collect at delivery?

Wording first on file in the 2003 annual edition, superseded by the 2007 annual edition.

govinfo, 2006 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2006 edition's wording. An amendment that took effect between Oct. 1, 2006 and Sept. 30, 2007 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.

(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.

Amendment history

2 distinct wordings on file since Oct. 1, 2003
  1. [72 FR 36775, July 5, 2007]
  2. Oct. 1, 2003 → Oct. 1, 2007annual editions 2003–2006viewing

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.