N.M. Admin. Code § 18.3.11.16

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.3.11.16 - CLAIMS

A. Upon discovery of a claim for loss, damage, overcharge, or any other matter, the shipper shall immediately notify the HGC in writing and give the HGC a reasonable opportunity to inspect the item that is the basis for the claim and the original package, if any. The claim shall be accompanied by the original or a true copy of the bill of lading.

B. The HGC shall not be responsible for loss or damage occurring:

(1) after the shipper or the shipper's agent has been given the opportunity to check the items delivered against the items listed on the inventory and has signed the inventory without noting any loss or damage;

(2) when the shipper directs the HGC to deliver the shipment to a place where the shipper or the shipper's agent is not present; or

(3) when the HGC is directed to load a shipment at a place where the shipper or the shipper's agent is not present.

C. A HGC shall be responsible for the repair or replacement of a lost or damaged article that is a matched piece or part of a set but shall not be liable for replacing the entire set.

D. When liability is measured by weight of a container or carton, and actual weights are unobtainable, the following items shall be deemed to have the following weights, unless specific evidence is presented to the contrary:

(1) dish-pack drum, 60 pounds;

(2) cartons less than one and one-half cu. ft., 20 pounds;

(3) cartons one and one-half cu. ft. to less than three cu. ft., 25 pounds;

(4) cartons three cu. ft. to less than four and one-half cu. ft., 30 pounds;

(5) cartons four and one-half cu. ft. to less than six cu. ft., 35 pounds;

(6) cartons six cu. ft. to less than six and one-half cu. ft., 45 pounds;

(7) cartons six and one-half cu. ft. and over, 50 pounds;

(8) wardrobe carton, 50 pounds;

(9) mattress or box spring carton not exceeding 54" x 75", 60 pounds;

(10) mattress or box spring carton exceeding 54" x 75", 80 pounds;

(11) crib mattress carton, 22 pounds;

(12) cartons containing books, phonograph records, tapes or CDs, 50 pounds;

(13) cartons containing lampshades, five pounds; and

(14) items not identified on the inventory as to Contents will be settled for the heaviest weight on the schedule for the container.

N.M. Admin. Code § 18.3.11.16

18.3.11.16 NMAC - N, 12-30-02, Amended by New Mexico Register, Volume XXVI, Issue 03 February 13, 2015, eff. 2/13/2015, Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024