CLAIMS: OVERCHARGE AND DUPLICATE PAYEMENT - ITEM 200
Claim Form – PDF format. This will need to be printed, completed and submitted with appropriate documentation. See Item III
SECTION I DEFINITIONS
(a) "Overcharge" as used in this item shall be deemed to
mean charges for services in excess of those applicable under our pricing
agreement.
(b)
"Duplicate Payments" means two or more payments for transporting the
same shipment.
(c)
"Unidentified Payment" means a payment which a carrier has received
for but which the carrier is unable to match with its open accounts receivable
or otherwise identity as being due.
(d)
"Claimant" means any shipper or receiver, or its agent, filing a
request with a carrier for a refund of an overcharge or duplicate payment.
SECTION
II - FILING AND PROCESSING CLAIMS
(a) A claim for overcharge, unidentified, over collection, or duplicate
payment shall not be paid unless filed in writing with Carrier within 180 days
of receipt of Carrier’s freight bill. For the purposes of applying this
rule, receipt shall mean 10 days after the shipment has been tendered to
Carrier by the shipper..
(b) A single claim may include more
than one shipment provided the claim on each shipment involves the same tariff
issues or authority or circumstances.
SECTION
III - DOCUMENTATION OF CLAIMS
(a) Claims for overcharge or duplicate
payment shall be accompanied by sufficient information to allow the carrier to
conduct an investigation and pay or decline the claim within the time limits
set forth in Section VII. Claims should include the name of the claimant, its
file number, if any, and the amount of the refund sought to be recovered, if
known.
(b) Claims shall be accompanied by
the original freight bill. Additional information may include, but not limited
to, the following:
(1) The rate, classification or
commodity description or weight claimed to have been applicable;
Complete tariff authority for the rate, classification or commodity
description;
(2) Freight bill payment information;
(3) Other documents or data, which is believed by the claim
to substantiate the basis for its claim.
(c) Regardless of the provisions of
paragraphs (a) and (b) above, the failure to provide sufficient information and
documentation to allow carrier to conduct an investigation and pay or decline
the claim within the allowable time limit shall not constitute grounds for the
disallowance of a claim. Rather, this carrier shall comply with Section IV,
paragraph (c) to obtain the additional information needed.
(e) This carrier shall accept
copies instead of original documents required to be submitted in this section
where this carrier is furnished with an agreement entered into by the claimant,
which indemnifies the carrier from subsequent duplicate claims, which might be
filed and substantiated with original documents.
SECTION
IV - INVESTIGATION OF CLAIMS
(a) Upon receipt of claim an investigation and a file will
be established.
(b) In the event the claim contains
inadequate information, further documentation will be required from the
claimant. This request will be made in writing and must be fulfilled within
thirty (30) days.
SECTION V
- ACKNOWLEDGEMENT OF CLAIMS
Upon receipt of a written claim,
this carrier shall acknowledge its receipt in writing to the claimant within
thirty (30) days after the date of receipt except where this carrier shall have
paid or declined in writing within thirty (30) days.
SECTION
VI - DISPOSITION OF CLAIMS
This carrier shall pay, decline to
pay or settle each written claim within sixty (60) days after its
acknowledgement of claim, except where the claimant and the carrier agree in
writing to a specific extension of time based on extenuating circumstances. If
this carrier declines to pay or makes a settlement in an amount different from
that sought, the carrier shall notify the claimant, in writing, of its
reason(s), citing all pertinent information developed in its investigation.