| Rule # |
Description |
Effective |
Expiry |
|
7 |
Overcharge Claims |
1-May-2006 |
|
1. 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. 2. For the purpose of uniformity in handling claims for adjustment of freight charges based on alleged errors in cargo description, piece count when cargo is rated on a per package basis, or excess weight and/or measurement, refunds will only be considered as follows:
(A) Claims must be presented to the carrier in writing and must contain the following original or certified documents:
(a) Bill of Lading
(b) Packing List
(c) Commercial Invoice
(d) Customs Entry Permit/Import Declaration, as applicable
(e) Customs Export Declaration, as applicable
(B) If claim is presented to the carrier in writing before the shipment involved leaves the custody of the carrier, 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 request by Carrier’s agent.
3. Refunds approved under the above procedures will only be paid to the named shipper, in the case of a freight prepaid shipment, or to the named consignee, in the case of a freight collect shipment. Overcharge claims must be accompained by documentary evidence that (a) the claimant was the person which was responsible for paying the ocean freight to the carrier or (b) that the claimant has a valid written authorization from the party which was responsible for paying the ocean freight to the carrier. If the claimant is acting on behalf of the shipper or consignee and is in the business of filing and collecting overcharge claims on behalf of others, the claimant must comply with applicable or state law governing persons presenting, processing and collecting such claims and the claim must be accompained by documentary evidence that the claimant is licensed, to the extent required by law, to present, process and collect such claims.
4. Claims for adjustment of freight other than those based on errors in weight, piece count, measure of description must be accompanied by the documentary evidence set forth in (2.A) above, and such other evidence as may be essential in support of the claim in question. If the claim is due to overcharge, the claimant shall provide, in addition to documentation already required, a copy of the applicable tariff or service contract page showing the desired rate.