This was a question asked by Roberto – Email: inzainfo@bigpond.com..
Ask your question here..: What happens when the containers are abandoned by Cnee ? Is the Shipper liable for all detention charges incurred at Port ? is the jurisdiction at Loading Port or Discharge Port
Any comments..??
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Hi All,
I have shipped 17 containers with 14 days free time detention at destination, now consignee had faced some issue and was not able to pay the money. as we had shipped on D/P terms we had come to a mutual agreement that we will release the BL from bank and once cargo is sold you(consignee) can clear our payment. Now consignee asked for extention of 21 days we tried but shipping line refused. meanwhile consignee had filed Bill of entry and gave BL at counter to get the detention charges uptill now they have not cleared the cargo. in this case who will be responsible for the detention and demurrage??
Hi Akshay,
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We can perhaps assist you in this case. could you please advice which liner is involved.
We could assist you in buying the cargo in order to mitigate the losses of all involved parties.
Thank you
kind regards,
Arash Soufi
asoufi@abctradex.com
Hello
My name is April I work for Ozeol importer.
We can help you to mittigate the storage and demurrage fees.
We can buy the cargoes from you
Any question feel free to contact me
Thank you !
Hello…. Please help & advice…
We have sent the confirmed order with stamp & signature export shipment to Malaysia against AT SIGHT payment terms & now buyer is not taking up the delivery from the Port.
We tried our best & provide him discount also. But he is just wasting time & fooling us.
I need to know is there is any legal action for the overseas buyer… as he rejects the confirmed order shipment without any reason….
What actions we can do… please do advice….
i am consignor my supplier send a stuff to my CHA and CHA was rejected the stuff due to stuff was buggered,and supplier already generate the ewaybill so what should i do as being of consignor
A private individual sent me a shipment from Italy. He used a brokerage company to arrange delivery by a shipping company. I am the consignee. The brokerage company paid the shipping company, so the goods arrived in my country. But the individual never paid the brokerage company, so they have not released the original bill of lading to me. We have incurred so much in storage charges, we are considering abandoning the shipment. The shipping company tells me that the broker with the bill of lading is considered the owner, until the original documents are released. So, if I abandon, will the shipping company go after the broker, or the consignee, for costs? I don’t see how they can come after the consignee, when they tell me I am not the owner. Please advise.
Update please! How did you resolve the situation?
Please advise.
Sir,
I have a little bit problem, our consignee dont want to clear the container
the details are, it has a original bl, 21 days free time on the port of destination.
the problem is the bl kgs is not correct. example of POD- KArachi
PAk. They say the Kgs in PAkistan is a big deal. Sometimes mistakes happen .
The problem is he dont want to clear the container at the same time he told us to off load the item
and take the empty container. so how we will clear or the f/f if its already in POD/cnee place?
Though there is a possibility to revise the BL but he refused to cooperate with us.
Our importer have filed bill of entry with customs, duty paid and after completion of customs inspection obtained out of charge. The cargo came in to container and landed four months back to CFS . In mean time their technical team advised that the item imported cannot be used since the life span has expired. Importer advised to abandon the cargo. OBL submitted to the liner and obtained D.O.(delivery order)
1. Do we need to pay Container detention and demur-rage to the shipping lines to abandon the cargo
2. If not paid what is the implecations
Hi Suresh, irrespective of the contents of the container or whether the product was in a usable condition to the customer or not, if there are any demurrage or detention charges applicable to the shipping line, that needs to be paid and they will ensure that they collect it.. Cargo abandonment happens all the time and such charges are part of this process and will be applicable..
The liability for the abandoned cargo should lie on the shipping line, because the consignee cannot ship without the knowledge and acceptance of the consignee. If the payment for the goods has been made to the shipper, the shipping line needs to recover their costs from the local customs auction after a stipulated (legislated) reasonable time when the cargo has been discharged.
Hi Roberto, there is no one answer to this question as it is quite a complicated question covering various possibilities and combinations like :
1) What type of bill of lading was issued (original or seaway bill)
2) Who the bill of lading was consigned to (direct, to order)
3) Freight payments
4) Value of the cargo
Jurisdiction will come into play only if there is an arbitration or a legal case.. Till such time, in the absence of anyone to take responsibility of the cargo and costs at the port of destination, the shipping line will naturally try to hold the shipper responsible for all costs..
Shipping lines generally do not make any money out of a cargo abandonment and it is a big headache for them as well..
I will write a detailed post about longstaying,uncleared and abandoned cargo shortly, so watch out for that..
santosh
cargo is ln chennai port and till this date they have never bothered to auction
liner has tried or not we have no answers all they want is demurrage /detention charges
is indian customs and liner bound by any law that with in three months of uncleared cargo to auction the goods and claim the proceeds accordingly ?
agreed that proceeds of auction is that first payment isto customs and the bal to liner with shipper getting nothing but a double whammy of abandoned cargo cost and demurrage/detention charges etc ?
i am not sure how many shippers and cargo agents have faced this problem but sincerely want your comments
regards
Rob
hi all
thanks for your comments
shipper has to be notified at all stages not go after shipper after one and half years and then stop all communications
cnee is at fault for sure but in third world countries there is no law
i am not sure if liner bothers to inform anyone and profits from the auction
and does not bother to inform cnee or shipper
Hariesh i wanted your opinion and i am still waiting
Rob
It depeneds on the terms of shipment agreed b/n parties and ultimate shipper will be held responsible for the UAC cargo(Unabonded and uncleared cargo).If at POD cargo been uncleared then stipulated period by port/Liner then the cargo will be held as UAC cargo and new legal file is opened and will be updated with all demurrage/detention on daily basis.The final result will be either for new sale to consignee or re-import to POD on shipper account / Auction is final decision which is taken by shipper if the POD costs incurred is more than cargo value.
Regards : Santosh,MSC VIZAG
As far as I know, when a company book a freight, he needs to identify, shipper, consigee and notify, sometimes there is freight forward involded too, who all together are named as merchant, which are direct liable for freight and charges before shipping line, both at origin and destination.
Hi all,
It;s not simple for a Freight Forwarder (F/F) to handle abandonments / Long staying shipments
For sure that the Cnee refused the cargoes, it’s a must to get a Cargo Reject Letter from such Cnee so that the shipment now belongs to the shipper /exporter at origin port. This causes many troubles for the carrier (F/F) to claim the extra charges occured due to a long pending/staying time at destination.
Then, Shipper has to decide what will be the next step for this case : cancel/ auction/ salvage or return.
And next procedure will be done accordingly then.
hi , this is sachin , if buyer at destination port is not clearing the cargo , and if we shipper inform to liner to auction the goods , but shipping company without following auction process and without informing shipper can they export the cargo to third country on their own keeping the original shipper in blind ? and after following ship co for continueous 2 months then they inform us the same that ship co exported it to third country and there the cargo could not be sold and there it is decided to destroy and charges will be on shipper now . please give proper guidance all knowledgables . thanx . sachin . shreesachin9323298738@gmail.com