RULE: 20 - OVERCHARGE CLAIMS Eff: 09FEB2015

Effective 09FEB2015
Filed 09FEB2015
Filing Codes IC

a. Bill of Lading Commodity Description:
   Description of commodities on all Bills of Lading (which shall be
   verified by a comparison with the description of the corresponding
   customs declaration) shall determine the rate to be applied.  The
   Bill of Lading description shall be subject to correction in the
   event of mis-declaration of commodity. 
   
b. Overcharges: 
   For purpose of uniformity in handling claims for excess
   measurements, refunds will only be made as follows: 
  
 1. Where an error has been made by the dock in calculation of
    measurements. 
   
 2. Against re-measurement at port of loading prior to vessel's
    departure. 
   
 3. Against re-measurement by vessel's agent at destination. 
   
 4. By joint re-measurement of vessel's agent and consignee. 
   
 5. By re-measurement of a marine surveyor when requested by
    vessel's agent. 
   
 6. Re-measurement fees and cable expenses in all cases to be paid
    by party at fault. 
   
c. In cases of claims by shipper of overcharge in weight certified
   invoice or weigher's certificate to be considered evidence of proper
   weight. 
   
d. Written claims for adjustment will be acknowledged by the carrier
   within twenty days of receipt by written notice to the claimant of
   the tariff provisions actually applied and the claimant's rights
   under the Shipping Act of 1984.  Claims seeking the refund of freight
   overcharges may be filed in the form of a complaint with the Federal
   Maritime Commission, Washington, D.C, 20573, within three years of
   the date of cause of action occurs

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