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 ▇▇▇▇▇▇▇ or Consignee of an overcharge, the weight-certified invoice shall 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 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 the cause of action occurs. FMC ORG. NO. 026976: KBX, LLC NRA RULES TARIFF NO. 026976-001- Between (US and World) AMENDMENT NO. 0 Rule 21: Use of Carrier Equipment Carrier does not own or lease equipment. When equipment is provided to Shippers and/or Consignees by an ocean carrier (VOCC), the VOCC’s, either directly or via the Carrier, provisions and charges will be for the account of the cargo. FMC ORG. NO. 026976: KBX, LLC NRA RULES TARIFF NO. 026976-001- Between (US and World) AMENDMENT NO. 0

Appears in 3 contracts

Sources: Tariff Agreement, Tariff Agreement, Tariff Agreement

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 consignee of an overcharge, the weight-overcharge in weight certified invoice shall or weight certificate to 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 the of cause of action occurs. FMC ORG. NO. 026976: KBX, LLC 032151- 001 VALUE LOGISTICS (PVT) LTD. NRA RULES TARIFF NO. 026976NO.- 032151-001- 002 - Between (US and World) AMENDMENT NO. 0 Rule 21: Use of Carrier Equipment Carrier does not own or lease equipment. When equipment is provided to Shippers shippers and/or Consignees consignees by an ocean carrier Vessel Operating Common Carriers (VOCC), VOCCs) the VOCC’s, either directly or via the Carriercarrier, provisions and charges will be for the account of the cargo. FMC ORG. NO. 026976: KBX, LLC 032151- 001 VALUE LOGISTICS (PVT) LTD. NRA RULES TARIFF NO. 026976032151-001-001- Between (US and World) AMENDMENT NO. 0

Appears in 1 contract

Sources: Tariff Agreement

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 consignee of an overcharge, the weight-overcharge in weight certified invoice shall or weight certificate to 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 the of cause of action occurs. FMC ORG. NO. 026976: KBX, LLC 999999 ALL WORLD SHIPPING LTD. NRA RULES TARIFF NO. 026976-001- NO.- 999999 - 001 - Between (US and World) AMENDMENT NO. 0 O Rule 21: Use of Carrier Equipment Carrier does not own or lease equipment. When equipment is provided to Shippers shippers and/or Consignees consignees by an ocean carrier Vessel Operating Common Carriers (VOCC), VOCCs) the VOCC’s, either directly or via the Carriercarrier, provisions and charges will be for the account of the cargo. FMC ORG. NO. 026976: KBX, LLC 999999 ALL WORLD SHIPPING LTD. NRA RULES TARIFF NO. 026976-001- Between (US and World) AMENDMENT NO. 0O Rule 22: Automobile Rates in Domestic Offshore Commerce Not Applicable. FMC ORG. NO. 999999 ALL WORLD SHIPPING LTD. NRA RULES TARIFF NO. 001- Between (US and World) AMENDMENT NO. O Rule 23: Carrier Terminal Rules and Charges Carrier does not operate terminals at origin or destination. Except as otherwise provided in the individual NRA all shipments that are subject to origin, destination, terminal, local or foreign charges shall be for the account of the cargo. FMC ORG. NO. 999999 ALL WORLD SHIPPING LTD. NRA RULES TARIFF NO. 001- Between (US and World) AMENDMENT NO. O Rule 23-01: Destination Terminal Handling Charges (DTHC) In destination countries where DTHC are required to be prepaid, Carrier shall require the same prior to shipment. FMC ORG. NO. 999999 ALL WORLD SHIPPING LTD. NRA RULES TARIFF NO. 001- Between (US and World) AMENDMENT NO. O Rule 24: NVOCCs in Foreign Commerce: Bonds and Agents A. Bonding of NVOCC 1. ▇▇▇▇▇▇▇ has furnished the Federal Maritime Commission a bond in the amount required by 46 CFR §§ 515, 520 to ensure the financial responsibility of Carrier for the payment of any judgment for damages or settlement arising from its transportation related activities or order for reparations issued pursuant to Section 11 of the Shipping Act, 1984 or penalty assessed pursuant to Section 13 of the Act. 2. Bond No. 999999 3. Issued by: ABC Agent for Service of Process ▇▇▇▇▇▇▇'s legal agent for the service of judicial and administrative process, including subpoenas is: All World Shipping Corp. ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 2. In any instance in which the Carrier cannot be served because of death, disability or unavailability, the Secretary of the Federal Maritime Commission will be deemed to be the Carrier’s legal agent for service of process.

Appears in 1 contract

Sources: Tariff Agreement

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 consignee of an overcharge, the weight-overcharge in weight certified invoice shall or weight certificate to 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 the of cause of action occurs. FMC ORG. NO. 026976: KBX, 031264 Manna Cargo LLC NRA RULES TARIFF NO. 026976-001- NO.- 031264- 002 - Between (US and World) AMENDMENT NO. 0 Rule 21: Use of Carrier Equipment Carrier does not own or lease equipment. When equipment is provided to Shippers shippers and/or Consignees consignees by an ocean carrier Vessel Operating Common Carriers (VOCC), VOCCs) the VOCC’s, either directly or via the Carriercarrier, provisions and charges will be for the account of the cargo. FMC ORG. NO. 026976: KBX, 031264 Manna Cargo LLC NRA RULES TARIFF NO. 026976031264-001- Between (US and World) AMENDMENT NO. 0

Appears in 1 contract

Sources: Tariff Agreement

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 consignee of an overcharge, the weight-overcharge in weight certified invoice shall or weight certificate to 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 the of cause of action occurs. FMC ORG. NO. 026976020921: KBX, LLC VIO & C S.R.L. NRA RULES TARIFF NO. 026976020921-001- 002- Between (US and World) AMENDMENT NO. 0 Rule 21: Use of Carrier Equipment Carrier does not own or lease equipment. When equipment is provided to Shippers shippers and/or Consignees consignees by an ocean carrier Vessel Operating Common Carriers (VOCC), VOCCs) the VOCC’s, either directly or via the Carriercarrier, provisions and charges will be for the account of the cargo. FMC ORG. NO. 026976020921: KBX, LLC VIO & C S.R.L. NRA RULES TARIFF NO. 026976020921-001- 002- Between (US and World) AMENDMENT NO. 0

Appears in 1 contract

Sources: Tariff Agreement

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 consignee of an overcharge, the weight-overcharge in weight certified invoice shall or weight certificate to 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 the of cause of action occurs. FMC ORG. NO. 026976: KBX, 032112 Blue Ocean Corp LLC NRA RULES TARIFF NO. 026976-001- NO.- 032112- 002 - Between (US and World) AMENDMENT NO. 0 Rule 21: Use of Carrier Equipment Carrier does not own or lease equipment. When equipment is provided to Shippers shippers and/or Consignees consignees by an ocean carrier Vessel Operating Common Carriers (VOCC), VOCCs) the VOCC’s, either directly or via the Carriercarrier, provisions and charges will be for the account of the cargo. FMC ORG. NO. 026976: KBX, 032112 Blue Ocean Corp LLC NRA RULES TARIFF NO. 026976032112-001- Between (US and World) AMENDMENT NO. 0

Appears in 1 contract

Sources: Nra Governing Rules Tariff