RULE: 20 - OVERCHARGE CLAIMS Eff: 05MAR1999
| Effective | 05MAR1999 |
|---|---|
| Filed | 03FEB1999 |
| Filing Codes | I |
1.Shippers or consignees may file claims in writing with the carrier for the refund of freight overcharges resulting from errors in weight, measurement, cargo description or tariff application, provided such claims are submitted within three years of the date the cause of action accrued. 2.For the purposes of this rule, the date the cause of action accrued will be the actual date the cargo was overcharged, but no earlier than the date the full Bill of Lading quantity of cargo was received under the provisions of Rule 3 herein and no later than the date cargo left carrier's custody at destination. 3.In cases of errors based on weight, carrier considers only a certified weigher's certificate to be evidence of proper weight. 4.In cases of errors based on measurement, carrier considers only measure by a certified inspector or carrier's designated marine surveyor as evidence of proper measure. 5.In cases of errors based on piece count, carrier considers only count by a certified inspector or carrier's designated marine surveyor as evidence of proper count. 6.In cases of errors based on cargo description on Bill of Lading, carrier considers only the "Correction Copy" of shipper's export declaration as evidence of proper description. 7.Inspection fees and associated expenses must be borne by the party responsible for the error necessitating the inspection. Submit claims for refund of overcharges to: NA DOCCLAIM NYK Line (N. America) Inc. 300 Lighting Way - 5th floor Secaucus, NJ 07094-1588 Claims for freight rate adjustments filed in writing will be acknowledged by the common 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 1984 Act. Claims seeking the refund of freight overcharges may be filed in the form of complaint with the Federal Maritime Commission Washington, D.C. 20573 pursuant to Section 11(g) of the Shipping Act of 1984 (46 U.S.C. app. 1710) provided that such claims are filed within three (3) years of the date the cause of action accrued.