| Effective | 29Apr1995 |
|---|---|
| Filed | 30Mar1995 |
| Filing Codes | I |
All billed charges, whether prepaid or collect, are
subject to correction if the description furnished by the
shipper or shippers is found to be in error or if the
weights or measurements are found to be incorrect. Claims
for refunds of excess freight charges will be allowed only
when proof of error has been determined as indicated below
and only when the original paid freight bill is submitted
within 3 years of the date the cause of action accrues.
(See NOTE 1).
Claims seeking the refund of freight 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, 1984, within 3 years of the date the
cause of action accrues.
Claims for freight rate adjustment filed in writing shall
be acknowledged by the carrier within twenty days of
receipt by written notice to the claimant of the tariff
provisions actually applied and claimant's rights under
the Shipping Act, 1984.
Measurements:
1. Obvious error in calculation by the carrier.
2. By remeasurement by carrier at port of loading or
discharge.
3. By joint measurement by carrier's agent and consignee
of shipment at the port of discharge.
4. By remeasurement by a marine surveyor when requested
by carrier's agent.
Weight:
By production of invoice or packing list certified by
the supplier; or by production of public weigher's
certificate.
Remeasurement or reweighing fees, cable expenses, and
any other incidental charges are, in all cases, to be
sustained by the party at fault.
Note 1: When for any reason claimant cannot provide the
original paid freight bill (not photostates), a
bond of indemnity must be submitted in lieu
thereof.