Procedures Governing the Processing, Investigation and Disposition of Overcharge and Duplicate Payment Claims
The provisions herein are similar to but differ in some significant ways from the provisions provided in the NMFC 100
The provisions set forth herein govern the processing of claims by CTII for overcharges and duplicate payments for the
transportation of property in interstate or foreign commerce by CTII.
- "Overcharge", means an overcharge as defined in Sections 204a (6) and 406a (6) of the Interstate Commerce Act.
It also includes duplicate payments as defined in paragraph (b),
- "Duplicate Payment" means two or more payments for transporting the same shipment. When one or more payment s is
not in the exact amount of the applicable tariff rates and charges, refunds shall be made on the basis of the excess
amount over the applicable tariff rates and charges.
"Claimant" means any shipper or receiver, or its authorized agent, filing a request with
CTII for the refund of an overcharge and/or duplicate payment.
Filing and Processing of Claims:
- A claim for overcharge or duplicate payment shall not be paid unless filed in writing or electronically
communicated (when agreed to by the carrier and shipper or receiver involved) with the carrier that collected the transportation charges.
The collecting carrier shall be the carrier to process all such claims. When a claim is filed with another carrier that participated
in the transportation, that carrier shall transmit the claim to the collecting carrier within fifteen (15) days after receipt of the claim.
I the collecting carrier is unable to dispose of the claim for any reason; the claim may be filed with or transferred to
any participating carrier for final disposition.
A single claim may include more than one shipment provided the claim on each shipment involves (1) the same tariff issue or
authority or circumstances, (2) single line service by the same carrier, or (3) service by the same interline carriers.
The ICC Termination Act of 1995 amended the Interstate Commerce Act by adding 49 U.S.C. 13710 (a)(3)(B) as follows:
"If a shipper seeks to contest the charges originally billed or additional charges subsequently billed, the shipper may
request that the Board determine whether the charges billed must be paid. A shipper must contest the original bill or subsequent
bill within 180 days of receipt of the bill in order to have the right to contest such charges.
CTII Specific Exceptions and Methods of Payment:
- In all cases of claims filed with CTII for overcharges and/or duplicate payments and shipper or receiver (debtor) of
the specific shipments involved has open invoices with CTII that are more than 60 days old, CTII will offset amounts
determined due in such cases against outstanding amounts receivable from shipper or receiver (debtor).
If a shipper or consignee (debtor) wishes to contest a freight bill he must do so within 180 days of its
receipt of the freight bill. For purposes of this tariff and for claims filed with CTII, shipper's or consignee's (debtor's)
receipt of the freight bill shall be deemed to be the lesser of the actual date of receipt or 10 days after the delivery date of the freight.
Inclusion of NMFC Provisions by Reference:
In addition to the specific provisions contained herein applicable specifically in connection with Central Transport International, Inc.,
in exception to NMFC provisions, all other provisions of the NMFC are applicable hereto and contained herein by reference thereto.