Rule 20 Overcharge Claims

 

Publication Date: 04/01/1999

Effective Date: 05/01/1999

Through Date:

Expiration Date:

Amendment Code: I

Special Use Number:

 

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: See note

    1.    Measurements:

            a.    Obvious error in calculation by the Steamship Line.

            b.    By remeasurement at port of loading or discharge by the Carrier

            c.    By doing measurement at port of discharge by Steamer's Agent and Consignee of shipment.

            d.    By remeasurement by a Marine Surveyor when requested by Steamer's Agent.

    2.     Weights: By production of invoice or packing list certified by the supplier; 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.

 

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 by an invoice or packing list certified by the supplier, a public weigher's certificate and the freight bill. A change in measurement not supported by a certified packing list will be allowed only when measurement is made while cargo is still in the possession of the Carrier.

 

D.    Claims seeking the refund of freight overcharges may be filed in the form of a complaint with:

 

Federal Maritime Commission

Washington, D.C., 20573

 

pursuant to Section 11(g), Shipping Act of 1984. Such claims must be filed within three years of the date the cause of action accrued.

 

E.    Claims for freight rate adjustments shall be acknowledged by the Carrier within 20 days of receipt by written notice to the claimant of all governing tariff provisions and claimant's rights under the Shipping Act.

 

***Note:    When, for any reason, claimant cannot provide the original freight bill (not Photostats) a bond of indemnity must be submitted in lieu thereof.