Haw. Code R. § 16-605-47 - Payment of rates and charges for property carriage
(a) Except as otherwise provided in this
chapter, all lawful charges for the transportation of property shall be payable
before the property is surrendered to the consignee or owner of the property
or, for prepaid shipments, before the shipment is forwarded from the point of
origin to the destination.
(b)
Where proper and satisfactory credit arrangements are made to assure payment of
a tariffed charge within the credit period specified in this subsection, a
carrier may surrender possession of property before payment of the tariffed
charges and may extend credit in the amount of the charges to the shipper,
agent, or other person who undertakes to pay the charges (collectively,
shipper) with payment to be received by the end of the following month,
excluding Sundays and legal holidays.
(1)
When the freight bill for a shipment is presented to the shipper on or before
the date of delivery, the credit period starts from 12 o'clock midnight of the
last day of the calendar month in which the freight is delivered.
(2) When the freight bill is not presented to
the shipper on or before the date of delivery, the credit period starts at the
first 12 o'clock midnight following the presentation of the bill.
(c) Freight bills for all
transportation charges must be presented to shippers within seven calendar days
from the first 12 o'clock midnight following the last day of each calendar
month in which the freight is delivered.
(d) Where the United States mail is used to
present transportation bills, the time of mailing by the carrier is deemed the
time of presentation. In a dispute as to the time of mailing, the postmark
shall be accepted as showing the time.
(e) If the shipper mails valid checks,
drafts, or money orders, satisfactory to the carrier, in payment of the freight
charges within the credit period, the charges may be deemed to have been
collected within the credit period for the purpose of this subchapter. In case
of a dispute as to the time of mailing, the postmark shall be accepted as
showing the time.
Notes
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