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| Owner |
Tariff ID |
Rule |
Sub-Rule |
Filed |
Effective |
Expires |
| 019075 |
001 |
020 |
000 |
02-15-2005 |
02-15-2005 |
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RULE 20 - OVERCHARGE CLAIMS
A. All billed charges, whether prepaid or collect, are
subject to correction if the description furnished by
the shipper is found to be in error, or if the weights
or measurements are found to be incorrect, or if the
tariff rates, rules or regulations have been
incorrectly applied.
B. Claims for refunds of excess freight charges due to
error in weights or measurements will be allowed only
when presence of error has been verified as indicated
below and only when the original freight bill is
submitted. When for any reason claimant cannot
provide the original freight bill (not photostats), a
bond of indemnity must be submitted in lieu thereof.
1. Measurements:
a. Obvious error in calculation by the carrier.
b. By remeasurement at port of loading or
discharge by the carrier.
c. By joint measurement at port of discharge
by carrier's agent and consignee of shipment.
d. By remeasurement by a Marine Surveyor when
requested by carrier's agent.
2. Weights:
a. By production of invoice or packing list
certified by the supplier
b. 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 or by the claimant if
no error is found.
C. Claims for adjustment of freight charges, if based on
alleged error in weight, measurement or description
must be presented in writing to the carrier and must be
supported by an invoice or packing list certified by
the supplier, a public weigher's certificate and the
freight bill.
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 the Shipping Act, 1984. Such claims must be filed
within three years of the date the cause of action
occurs.
E. Claims for freight rate adjustments 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.
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