RULE: 20 - OVERCHARGE CLAIMS Eff: 12MAY2009
| Effective | 12MAY2009 |
|---|---|
| Filed | 12MAY2009 |
| Filing Codes | C |
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 after the date
shipment was tendered to the Carrier. Any expenses
incurred by the Carrier in connection with its
investigation of the claim shall be borne by the party
responsible for the error, or, if no error be found, by
the claimant.
b. For the purpose of uniformity in handling claims for
adjustment of freight charges based on alleged errors in
cargo description, Tariff application, cargo weight
and/or measurement, claims must contain the following
original or certified documents:
1. Bill of Lading
2. Packing List
3. Commercial Invoice
4. Custom Entry Permit/Import Declaration, as
applicable
5. Customs Export Declaration, as applicable
Further when a claim is presented, Carrier may permit
cargo to be inspected at origin, POL, destination or
POD. If claim is presented to the Carrier in writing
before the shipment involved leaves Carrier's custody,
cargo may be inspected at port of loading or at
destination. Inspection may be by:
1. Carrier's Agent
2. Jointly by Shipper or Consignee and Carrier's Agent
3. By a Marine Surveyor when requested by Carrier's
Agent
c. 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, as amended.
d. 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 the
Shipping Act of 1984, as amended. Such claims must be
filed within 3 (three) years of the date the cause of
action accrued.
e. Complaints seeking reparation pursuant to Section 11(g)
of the Shipping Act, shall be filed within 3 (three)
years after the cause of action has occurred.
