RULE: 20 - OVERCHARGE CLAIMS Eff: 23MAY2022

Effective 23MAY2022
Filed 23MAY2022
Filing Codes I

All billed charges, whether prepaid or collect, named in the 
individual NRAs governed by this Tariff, 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 three (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 the Ocean Shipping Reform Act
of 1998, within three (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 (20) days of receipt by
written notice to the claimant of the tariff provisions actually
applied and claimant's rights under the Ocean Shipping Reform
Act of 1998.
          
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; or
  4. By remeasurement by a marine surveyor when requested by
     carrier's agent.
          
Weight:
  1. By production of invoice or packing list certified by the
     supplier; or
  2. 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.

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