Overcharge Claims
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
(FMC)
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 provision actually applied and claimant's
rights under the Shipping Act of 1984, and the Ocean Shipping Reform Act of 1998.
Measurements:
Weight:
By production of invoice or packing list certified
by the supplier; or by production of public weigher's
certificate. Re-measurement or re-weighing fees, communication 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 photostats),
a bond of indemnity must be submitted in lieu thereof.
(effective: 08/01/2003)