RULE: 20 - OVERCHARGE CLAIMS Eff: 13NOV2006
| Effective | 13NOV2006 |
|---|---|
| Filed | 13NOV2006 |
| Filing Codes | IR |
All billed charges, whether prepaid or collect, are SBJ to
correction if the description furnished by the Shipper or
Shipper's agent is found to be in error or if the weight or
measurements are found to be incorrect. Claims for refunds
of excess freight charges will be allowed ONLY when proof
of any error has been determined as indicated below and
ONLY when the original paid freight bill is submitted
within 3 (three) years of the date the cause of action
accrues (When for any reason claimant cannot provide the
original paid freight bill [NOT photostats], a bond of
indemnity must be submitted in lieu thereof.
a. All claims for adjustment of freight charges must be
presented to the Carrier in writing (at the address
shown in Rule 19) within 3 (three) years of the date the
cause of action accrues. All claims based on an error
in the calculation of weight or measurement should
contain the following:
WEIGHT - Claimant should provide an invoice or packing
list certified by supplier, or a public weighter's
certificate.
MEASURMENT - Claimant should demonstrate or provide:
1. an obvious error in calculation by the Carrier;
2. remeasurement by Carrier at port of loading or
discharge;
3. joint remeasurement by Carrier's agent and
Consignee of shipment at the port of discharge;
4. remeasurement by a marine surveyor when requested
by Carrier's agent.
Remeasurement or reweighing fees, cable expenses or any
expenses incurred in connection with the investigation
of the claim shall be borne by the party responsible for
the error, or, if no error be found, by the claimant.
b. Claims for freight rate adjustments will be acknowledged
by the Carrier within 20 days of receipt by written
notice to the claimant of all governing Tariff
provisions and claimants rights under the Shipping Act
of 1984.
c. Claims seeking the refund of overcharges may be filed in
the form of a complaint with the Federal Maritime
Commission, Washington, DC 20573, pursuant to Section
11(g) of the Shipping Act of 1984. Such claims must be
filed within 3 (three) years of the date the cause of
action accrued.
