Common use of Overcharges Clause in Contracts

Overcharges. 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 or consignee of overcharge in weight certified invoice or weight 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. 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.

Appears in 6 contracts

Samples: Tariff Agreement, Tariff Agreement, Nra Governing Rules Tariff

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Overcharges. 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 or consignee of overcharge in weight certified invoice or weight 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. Claims Any claims seeking the refund of freight overcharges may be filed in the form of a complaint with the Federal Maritime Commission, Washington, D.C, D.C. 20573, within three years of the date of cause of action occurs.

Appears in 3 contracts

Samples: Tariff Agreement, Tariff Agreement, Tariff Agreement

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Overcharges. 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 Shipper or consignee Consignee of overcharge in weight an overcharge, the weight-certified invoice or weight shall be certificate to shall be considered evidence of proper weight. Written claims for adjustment will be acknowledged by the carrier Carrier within twenty (20) days of receipt by written notice to the claimant of the overcharges and tariff provisions actually applied and the claimant's rights under the Shipping Act of 1984. 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 (3) years of the date of the cause of action occurs.

Appears in 1 contract

Samples: Tariff Agreement

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