Encl. (2) TOCOMDTINST 4610.6
equitable claim. The statement of depreciation allowance must be attached to the TDR. It
must show factors considered and the method used to compute the depreciation allowance.
This is needed by the Claims Section to document the claim against the carrier. As
applicable to the item involved, the statement should include at least:
(1) Date of purchase and manufacturer.
(2) Original acquisition cost.
(3) Replacement cost of like item and source of this quotation.
(4) Estimated or published life expectancy (if published, give the source).
(5) Preshipment condition.
(6) Current need to the Coast Guard.
(7) Average standard repair cost, when an item was shipped in reparable condition.
Enclosure (8) is an example of a pre-shipment value statement.
d.
Mitigation of Damages.
The consignee
may not lawfully refuse to
accept property
belonging to the government just because he or she suspects damage may be present or
even where the property partially damaged unless such damage is so extensive the
property is beyond economical repair. Unless arrangements are made with the carrier to
repair the damaged property, or to accept it and anticipate claim for its full value, the
consignee must receive partially damaged property and take action to mitigate the damage
where possible and practicable. 13 C.J.S., CARRIERS, section 270, states: "It is the duty
of the property owner to make reasonable efforts to minimize the damages, and no
recovery can be had for damage which such efforts would have prevented." A claim
against the carrier represents the actual loss to the government, no more, no less.
Ordinarily the actual repair costs, if reasonable and equitable, represent a proper measure
of damage.
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