Rule 20: Overcharge Claims
Shipper request or complaints (including request for adjustment in rates, tariff interpretation), must be made in writing and addressed to the carrier as shown on the Title Page and/or Tariff Record.
A. Bill of Lading Commodity Description
Description of commodities on all Bills of Lading (which shall be verified by a comparison with the description of the corresponding customs declaration) shall determine the rate to be applied. The Bill of Lading description shall be subject to correction in the event of mis-declaration of commodity.
For purpose of uniformity in handling claims for excess measurements, refunds will only be made as follows:
1) Where an error has been made by the dock in calculation of measurements.
2) Against re-measurement at port of loading prior to vessel's departure.
3) Against re-measurement by vessel's agent at destination.
4) By joint re-measurement of vessel's agent and consignee.
5) By re-measurement of a marine surveyor when requested by vessel's agent.
6) Re-measurement fees and cable expenses in all cases to be paid by party at fault.
In cases of claims by shipper of overcharge in weight certified invoice or weighers certificate to be considered evidence of proper weight. Written claims for adjustment will be acknowledged by the carrier within twenty (20) days of receipt by written notice to the claimant of the tariff provisions actually applied and the claimant's rights under the Shipping Act of 1984, as amended.
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, within three years of the date of cause of action occurs.