United Parcel Service of America - Page 41




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               As of November 1983,14 petitioner's service explanation                
          stated:                                                                     
               Unless a greater value is declared in writing on the                   
               pickup record, the shipper declares the released value                 
               of each package or article not enclosed in a package,                  
               to be $100.  For each $100 or fraction thereof of value                
               per package or article not enclosed in a package, in                   
               excess of $100, an additional charge, as stated on the                 
               current rate chart, applies.  Except if otherwise                      
               directed by the shipper, the carrier will remit excess                 
               valuation charges to National Union Fire Insurance                     
               Company of Pittsburgh, PA as a premium for excess                      
               valuation cargo insurance for the shipper's account and                
               on its behalf.  When the carrier does so, claims for                   
               loss of or damage to the shipper's property will be                    
               filed with and settled by the carrier on behalf of the                 
               insurance company.  In the event that the insurance                    
               company fails to pay any claim for loss of or damage to                
               the shipper's property under the terms of its policy,                  
               the carrier will remain liable for loss or damage                      
               within the limits declared and paid for.  Shippers                     
               Interest Policy IMB9310977 is available for inspection                 
               at the office of the carrier.  Claims not made within                  
               nine months after receipt by the carrier of the                        
               merchandise shall be deemed waived.                                    
               In December 1983, petitioner circulated to its shippers an             
          edition of its quarterly newsletter entitled "Roundups".  Within            
          the December Roundups, petitioner informed its shippers that                


               14This service explanation was used throughout 1984.                   
          Petitioner's service explanations, as revised in 1986 and 1988,             
          contained similar wording.  These revisions both stated that                
          petitioner remained liable for loss or damage.  However, the 1986           
          and 1988 revised service explanations state that petitioner "may"           
          remit EVC's to NUF as opposed to the "will remit" language in the           
          above excerpt.  We note that the "may remit" language of the 1986           
          and 1988 revisions is the same language used in petitioner's                
          tariff.  We also note that the "will remit" language in the                 
          November 1983 service explanation could not have been effective             
          in 1983 since the NUF contract itself does not purport to apply             
          before January 1984.                                                        




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