RULE: 2.220 - MISDECLARATION Eff: 05MAR1999
| Effective | 05MAR1999 |
|---|---|
| Filed | 03FEB1999 |
| Filing Codes | I |
The shipper of any shipment whose cargo upon inspection
is found by the certified inspector not to have been
correctly described, weighed, or measured, or counted,
shall be re-billed for any freight due based upon the
certified inspector's findings.
For the purpose of this rule, the term "Certified
Inspector" shall extend only to those certified inspectors
which have been duly appointed as such by the carrier.
1. Inspection and liquidated damages for interference
Shipments will normally be inspected at origin.
However, when carrier operations do not permit such
inspection, carrier may inspect the cargo at destination
either at carrier's facility or at consignee's premises.
If the inspection is performed at consignee's premises
and the consignee interferes, obstructs, or refuses to
permit such inspection, the shipper shall be required
to pay liquidated damages in lieu of all other charges
named herein, based on the greater of:
a. The applicable cargo NOS rate, at the declared
weight, measure or piece count; or
b. USD2,000.00, in addition to all other charges
declared by the shipper, but not verified by the
carrier.
2. Additional freight, charges and liquidated damages
for misdeclaration
In case of mis-declaration of the contents, weight,
measure or value of the goods, the merchant is liable
for and bound to pay to the carrier,
a. the balance of freight between the freight charged
and that which would have been due had the correct
details been declared, plus
b. by way of liquidated and ascertained damages, a sum
equal to the correct freight.
3. Inspection fees and expenses
In addition to any other additional freight, charges
and liquidated damages due, the shipper will also pay
the following:
a. Where discrepancies resulting in additional freight
due arise from an inspeciton which does not require
the container to be unloaded at carrier's CFS,
charge of USD60 will be assessed against the
shipper.
b. Where discrepancies resulting in additional freight
due arise from an inspection which requires
complete or partial unloading and reloading of a
container, the shipper will be responsible for the
costs of such inspection. For the purposes of
calculating such costs, the carrier will charge
USD27 W for ordinary cargo, and USD35 W for
refrigerated cargo on the cargo actually handled.
The minimum charge for inspection is USD270 for
ordinary cargo, and USD350 for refrigerated cargo.
c. If the shipper does not agree with the findings
of certified inspector at origin, the shipper
may request that an inspection at destination be
performed by a certified inspector.
If such inspection results in the shipper owing
no additional freight or charges, the cost of the
inspection shall be for the account of the carrier
and any freight due bills, liquidated damages or
inspection fees previously assessed on the
shipment will be cancelled or if paid, refunded.
If such an inspection confirms in whole or part the
findings of the certified inspector at origin, the
shipper will be responsible for additional freight
due and liquidated damages based on the destination
certified inspector certificate. In addition, the
shipper will also be required to pay inspection
charges incurred at both origin and destination on
the shipment.
If, at shipper's option, the inspection is performed
at consignee's premises and the consignee interferes,
obstructs, or refuses to permit such inspection,
the inspection performed at origin will be considered
as true and correct.
4. Liability for payment
In all cases, the shipper, consignee, and/or owners of
the goods shall, in addition to any other liability
under applicable law, or under provisions in the
carrier's Bill of Lading, be jointly and severally
liable for the payment of correct freight charges and
any liquidated damages, penalties, or inspection
charges that may be assessed.