RULE: 20 - OVERCHARGE CLAIMS Eff: 03JUN2003
| Effective | 03JUN2003 |
|---|---|
| Filed | 03JUN2003 |
| Filing Codes | I |
A. All claims for adjustment of freight charges must be
presented to the Carrier in writing, within three (3)
years after the date of shipment. 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 base on alleged errors in
cargo description, tariff application, cargo weight
and/or measurement, refunds will only be considered as
follows:
1. Claims must contain the following original or
certified documents:
(a) Bill of Lading
(b) Packing List
(c) Commercial Invoice
(d) Custom Entry Permit/Import Declaration, as
applicable
(e) Customs Export Declaration as applicable
2. If claim is presented to the carrier in writing,
cargo may be inspected at port of loading or at
destination:
(a) By carrier's agent
(b) Jointly by shipper or consignee and carrier's
agent, or
(c) 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.
D. 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, pursuant to
Section 11 (g) of the Shipping Act of 1984. Such claims
must be filed within three years of the date the cause of
action accrues.
E. Complaints seeking reparation pursuant to Section 11(G)
of the Shipping Act of 1984, shall be filed within
three (3) years after the cause of action is accrued.
