Rules And Special Service Charges (ABF 111-AA
)
Effective: 01/05/2009
| Inquiry:
1/6/2009
Item 428 : Overcharge/Undercharge Claims
Any claim or action at law by ABF to recover undercharges alleged to be due hereunder, and any claim or action at law by Customer to recover overcharges alleged to be due hereunder, shall be commenced not more than 180 days after the receipt by ABF of the shipment with respect to which such undercharges or overcharges are claimed. To the extent permitted by applicable law, the expiration of said 180 day period shall be a complete and absolute defense to any such claim and action at law, without regard to any mitigating or extenuating circumstance or excuse whatsoever, unless the party named as a defendant in such action has expressly agreed in writing to waive such defense in whole or in part.