The Demurrage inquiry procedures set forth below are taken from Article IV, section 6 of Maher’s Schedule, Marine Terminal Schedule No. 010599, published in accordance with Federal Maritime Rules:
BILLINGS QUESTIONS AND REQUESTS FOR REFUNDS, WAIVERS, ETC.
Any and all questions, concerns or disputes that any Terminal User or other Person has or may have with respect to a particular Demurrage Invoice or charge issued or assessed by MTL, including requests for mitigation, waiver, or refund, shall be directed to MTL’s customer service department at the email address: customersupport@maherterminals.com.
Any and all requests by a Terminal User or other Person for mitigation, waiver or refund of a Demurrage Invoice or Demurrage charges, based upon a bona fide billing dispute, shall be made to MTL in writing as soon as possible following the last date on which such Demurrage charges were incurred and, in no event, later than thirty (30) calendar days following (a) the Demurrage Invoice Date for refund requests on Demurrage payments previously made to MTL, or (b) the Demurrage Invoice Issuance Date for mitigation or waiver requests on Demurrage charges incurred but not otherwise paid to MTL as of the date of such request. With respect to containerized Cargoes, all such requests shall include the following information and documentation:
(a) relevant Container and bill of lading number(s);
(b) the name and voyage number of the Vessel from which the Cargo was discharged at the Terminal;
(c) the name of the Common Carrier that issued the bill of lading for the Cargo;
(d) confirmation that there are no outstanding government or Common Carrier holds against the Cargo;
(e) the specific date(s) on which Free Time and/or Demurrage are being contested;
(f) the amount sought by way of mitigation, waiver or refund;
(g) the specific reason(s) for the requested waiver, mitigation or refund; and
(h) all documentation relied upon by the Terminal User or other Person in support of the requested waiver, mitigation or refund.
MTL’s customer service team will endeavor to issue a decision on each submitted request for waiver, mitigation or refund of Demurrage charges paid or, if not paid, incurred, within two (2) Business Days of receipt of a completed submission as described above. If a decision cannot be made within two (2) Business Days, MTL will notify the Terminal User or other Person of the delay and its anticipated revised timeline for issuance of a decision.