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.

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