RULE: 20 - OVERCHARGE CLAIMS Eff: 09SEP2003

Effective 09SEP2003
Filed 09SEP2003
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.

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