Full Volume 19 - Federal Maritime Commission

WHITE WESTINGHOUSE INT L CO v SEA LAND
771
August 20 1976 referring to Item 11 2nd Revised Page 12B of the
conference tariff which states
claims by shippers for adjustment of freight charges will be considered only when
submitted to writing to the carrier within six months of the date of shipment
This claim is not governed by the six month rule but by the two year
principle referred to in Colgate Palmolive Company v United Fruit
Company supra
The subject shipment was described on the bill of lading as 84 ems of
electric h h refrigerators weighing 20 639 pounds measuring 3 253 cubic
feet The tariff rate applies per ton of 40 cubic feet or 2 000 pounds
whichever produces the greater revenue The rate assessed was on a
measurement basis for 88 075 measurement tons Item 490 of the
conference tariff contains a contract rate to Curacao Group A of 58 50
per WM ton for Household Refrigerators K D which the respondent
assessed Le 58 50 88 075 5 152 39 To this were added Landing
Storage and Delivery Charges to Curacao Item 9 oftarift on Cargo
N O S of 1100 per freight ton Le 1100 88 075 968 83 The total
freight and charges assessed complainant was 6 12122
Complainant based its complaint on lower rates and charges Item 490
of the conference tariff also contains acontract rate to Curacao Group
A of 50 00 per
W M ton for Household Refrigerators S U which
complainant states should have been assessed ie 50 00 88 075
4 403 75 To this complainant adds Landing Storage and Delivery
Charges to Curacao Item 9 of tariff on Cargo in carrier s containers
stripped by consignee at an off terminal location of 502 per freight ton
Le 50 88 075 484 41 The total freight and charges complainant
alleges that should have been assessed was4 888 16
nn nn
Rates and charges assessed
Rates and charges applicable per complainanL
Amount of claim u
un
nn un uuu 6
u u u 4
u un 1
121 22
888 16
233 06
On December 13 respondent received the notice of our intent to
process this claim In its January 20 I1J77 response authorizing process
ing by a Settlement Officer respondent advised
Upon investigation we find the claim to be in order for refund of 1 233 05 and are
placing it in channels for payment
In view of the prompt settlement of the claim by check dated January
31 I1J77 after its fIling with the Commission on November 12 I1J76 it
appears that the parties had no difficulty as to the facts involved
However verifIcation that the refrigerators were set up subjecting
them to the lower rate appeared to be the only matter concerning which
available information was incomplete
I Attention is called to the fact that Landing Storage and DoIivery Charges assessed on Cargo N O S were
per freight ton The same charges covering Cargo in carriers containers stripped by consignee at an off terminal
locationare only 5 50per freight ton Item 9 oftarift
19 F M C
11 00