§ 375.707 If a shipment is partially lost or destroyed, what charges may I collect at delivery?
Current wording, in the annual edition revised as of Oct. 1, 2007.
(a) (1) If a shipment is partially lost or destroyed, you may first collect yourat freightdelivery:
(i) chargesA forprorated percentage of the entirebinding shipment,estimate ifor youa choose.prorated Ifpercentage youof doup this,to you110 mustpercent refundof the portionnon-binding ofestimate. yourThe publishedprorated freightpercentage chargesis correspondingequal to the portionpercentage of the lostweight orof destroyedthat shipmentportion (includingof anythe chargesshipment fordelivered accessorialrelative orto terminalthe services),total atweight of the timeshipment. youFor disposeexample, ofif claimsyou fordeliver loss,only damage2,500 orpounds injuryof toa theshipment articlesweighing in5,000 thepounds, shipmentyou undermay partdemand 370at ofdestination, thisas chapter.applicable,
(b)Toonly calculate50 thepercent amount of chargesa applicablebinding toestimate theor shipment50 aspercent delivered,of younot mustmore multiplythan the110 percentagepercent correspondingof toa thenon-binding deliveredestimate;
(ii) shipmentCharges byfor theany totaladditional chargesservices applicablerequested toby the shipmentshipper tenderedafter by the individualbill shipper.of Thelading followinghas fourbeen conditionsissued; also apply:and
(1iii) IfCharges thefor chargesimpracticable computedoperations, exceedif the charges otherwise applicable to the shipment as delivered, theexcept lesserthat ofsuch those charges must apply.not Thisexceed will15 applypercent only to the transportation of householdall goodsother and not to charges fordue otherat services the individual shipper ordereddelivery.
(2iv) YouAny must collect any specific valuation charge due.
(32) You maymust disregardbill paragraphand (a)collect offrom thisthe sectionindividual ifshipper lossany orremaining destructioncharges wasnot duecollected toat andelivery actin oraccordance omissionwith ofsubpart theH individualof shipperthis part.
(4b) 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 itsany rights providedto inobtain paragrapha refund of the portion of your published freight charges corresponding to the portion of the lost or destroyed shipment (aincluding 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 sectionchapter.
[72 FR 36775, July 5, 2007]
(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]
Amendment history
2 distinct wordings on file since Oct. 1, 2003- [72 FR 36775, July 5, 2007]
- Oct. 1, 2003 → Oct. 1, 2007annual editions 2003–2006
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. Set a case date in the header to read any earlier wording.