[§271G-21]  Recovery of overcharges orundercharges.  (a)  All actions by water carriers or common carriers bywater for the recovery of their charges, or any part thereof, shall be begunwithin three years from the time the cause of action accrues, and not after.

(b)  For recovery of overcharges, actions shallbe begun within three years from the time the cause of action accrues, and notafter, subject to subsection (c) of this section, except that if claim for theovercharge has been presented in writing to the carrier within the three-yearperiod of limitation the period shall be extended to include six months fromthe time notice in writing is given by the carrier to the claimant ofdisallowance of the claim, or any part or parts thereof specified in thenotice.

(c)  If on or before the expiration of thethree-year period of limitation in subsection (b) a common carrier by waterbegins action under subsection (a) for recovery of charges in respect of thesame transportation service, or, without beginning action, collects charges inrespect of that service, the period shall be extended to include ninety daysfrom the time the action is begun or the charges are collected by the carrier.

(d)  The cause of action in respect of ashipment of property shall, for the purpose of this section, be deemed toaccrue upon delivery or tender of delivery thereof by the carrier, and notafter.

(e)  The term "overcharges" as usedin this section means charges for transportation services in excess of thoseapplicable thereto under the tariffs lawfully on file with the commission. [L1974, c 94, pt of §1]