| 1 |
When visible or open damage to a
shipment has been established by notation having been given at time of
delivery or concealed damage established by inspection report, it is the
duty of the consignee to retain damaged merchandise and shipping
container until carrier desires to take possession of merchandise as
salvage. If record conclusively reflects carrier liability, carrier will
take possession of the damaged merchandise as soon as possible and, in
any event, within thirty (30) days from date shipment was noted damaged
on carrier delivery receipt or from date of inspection report if damage
was concealed. If carrier does not take possession of the damaged
merchandise within the time prescribed above, consignee must contact
delivering carrier and request removal of goods from his premises within
fifteen (15) days from the date of such communication. |
| 2 |
Rule 4, paragraph 1, above applies only
when the carrier and consignee agree that the carrier will handle
disposition of the salvage, and does not in any manner affect the legal
duty that the consignee, when there is substantial value in the salvage,
must accept and handle it in such a manner as to mitigate the carrier's
loss as much as possible. If there is doubt of carrier liability, the
carrier will so advise consignee; in which event the consignee may hold
the merchandise until liability of carrier is determined, or may dispose
of it so as to mitigate the damage, and may file claim for such damage. |
| 3 |
Carrier will remove the damaged goods
within the fifteen (15) day period or advise consignee that carrier
liability is in doubt and that damaged merchandise is to be retained by
the consignee until carrier has completed investigation of claim. |