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) Washington, DC 20573, pursuant to Section 11(g) of the Shipping Act, 1984, within 3 years of the date the cause of action accrues.
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:
- Obvious error in calculation by the carrier.
- By re-measurement by carrier at port or place of loading or discharge.
- By joint measurement by carrier’s agent and consignee of shipment at the port of discharge.
- By re-measurement by a marine surveyor when requested by carrier’s agent.
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: 09/01/1993)