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
