Documents and shipping
Post 1 of 5
Shall the cargo agent ask details about 14days free detention charge as it,s been already mentioned in bill of lading?They aren,t agreed on it yet it,s been already mentioned in Bill of lading.What can i do?
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03 Aug 2007 08:02
Post 2 of 5
Replying to [bimal]:
Hi!
It is really difficult to understand what are You asking about?
Please, give more details in order to have exact picture of the issue!
Anyway.
I suppose You're talking about the shipment IN CONTAINERS.
Thus at Your Bs/L detention/demurrage free of charge period is referring to the tare/containers only.
As soon as containers are discharged then You have these mentioned 14 days to return empty containers to the shipping line agents.
Otherwise You should to pay to the shipping line demurrage on non-time return of the empty tare.
For example, CMA CGM shipping line gives 15 days free of charge period (but, 500USD to be paid as deposit for each container).
You have 15 days to take the container, to discharge the goods and to return the empty container back to the agents.
From 16th day after discharge of the container from the vessel You will pay:
from 16th to 30th day - 4USD/day for one 20'' container
from 31st to 60th day - 10USD/day for one 20'' container
from 61st and onwards - 20USD/day for one 20'' container
As for 40'' container - the rates are doubled.
This is clearly mentioned on the B/L which to be deemed as agreement between You and shipping line on transportation performance.
Thus, as far as this is stated You're out of any other agreements which has shipping line and their single agent.
It's not Your baby to check with them whether agents are familiar with this or not.
Push on the agent, call to shipping line people asking to fulfill their obligations and to have 14 days free of charge period for each container.
!!!!IMPORTANT!!!!
All above is only for tare itself which belongs to shipping line.
Maybe agents are claiming on You in reg EXTRA STORAGE in the port of discharge?????
Then it's quite a different issue and You should pay them basing on customs and rules of this port in reg extra storage fees.
Good luck.
Hi!
It is really difficult to understand what are You asking about?
Please, give more details in order to have exact picture of the issue!
Anyway.
I suppose You're talking about the shipment IN CONTAINERS.
Thus at Your Bs/L detention/demurrage free of charge period is referring to the tare/containers only.
As soon as containers are discharged then You have these mentioned 14 days to return empty containers to the shipping line agents.
Otherwise You should to pay to the shipping line demurrage on non-time return of the empty tare.
For example, CMA CGM shipping line gives 15 days free of charge period (but, 500USD to be paid as deposit for each container).
You have 15 days to take the container, to discharge the goods and to return the empty container back to the agents.
From 16th day after discharge of the container from the vessel You will pay:
from 16th to 30th day - 4USD/day for one 20'' container
from 31st to 60th day - 10USD/day for one 20'' container
from 61st and onwards - 20USD/day for one 20'' container
As for 40'' container - the rates are doubled.
This is clearly mentioned on the B/L which to be deemed as agreement between You and shipping line on transportation performance.
Thus, as far as this is stated You're out of any other agreements which has shipping line and their single agent.
It's not Your baby to check with them whether agents are familiar with this or not.
Push on the agent, call to shipping line people asking to fulfill their obligations and to have 14 days free of charge period for each container.
!!!!IMPORTANT!!!!
All above is only for tare itself which belongs to shipping line.
Maybe agents are claiming on You in reg EXTRA STORAGE in the port of discharge?????
Then it's quite a different issue and You should pay them basing on customs and rules of this port in reg extra storage fees.
Good luck.
06 Aug 2007 03:41
Post 3 of 5
Replying to [bimal]:Yet it,s clearly mentioned in b/l why are they claiming for 14 days free detention charge.How can the punishment made to shipping company for going against b/l?
08 Aug 2007 17:54
Post 4 of 5
Replying to [bimal]:
Hi!
Have You separate contract with shipping line?
If no then the B/L is "a document issued by a carrier, e.g. a ship's master or by a company's shipping department, acknowledging that specified goods have been received on board as cargo for conveyance to a named place for delivery to the consignee who is usually identified.
Bill of lading is evidence of the contract of carriage of goods and it serves a number of purposes:
+it is evidence that a valid contract of carriage, or a chartering contract, exist, and it may incorporate the full terms of the contract between the consignor and the carrier by reference (i.e. the short form simply refers to the main contract as an existing document, whereas the long form of a bill of lading (connaissement intégral) issued by the carrier sets out all the terms of the contract of carriage);
+ it is a receipt signed by the carrier confirming whether goods matching the contract description have been received in good condition (a bill will be described as clean if the goods have been received on board in apparent good condition and stowed ready for transport); and
+ it is also a document of transfer, and a negotiable instrument, i.e. it governs all the legal aspects of physical carriage, and, like a cheque or other negotiable instrument, it may be endorsed affecting ownership of the goods actually being carried. This matches everyday experience in that the contract a person might make with a commercial carrier like FedEx for mostly airway parcels, is separate from any contract for the sale of the goods to be carried, however it binds the carrier to its terms, irrespectively of who the actual holder of the B/L, and owner of the goods, may be at a specific moment."
B/L = contract fro carrying of the goods concluded between the consignor and shipping line.
And their obligations are stated in this doc.
Good luck.
Hi!
Have You separate contract with shipping line?
If no then the B/L is "a document issued by a carrier, e.g. a ship's master or by a company's shipping department, acknowledging that specified goods have been received on board as cargo for conveyance to a named place for delivery to the consignee who is usually identified.
Bill of lading is evidence of the contract of carriage of goods and it serves a number of purposes:
+it is evidence that a valid contract of carriage, or a chartering contract, exist, and it may incorporate the full terms of the contract between the consignor and the carrier by reference (i.e. the short form simply refers to the main contract as an existing document, whereas the long form of a bill of lading (connaissement intégral) issued by the carrier sets out all the terms of the contract of carriage);
+ it is a receipt signed by the carrier confirming whether goods matching the contract description have been received in good condition (a bill will be described as clean if the goods have been received on board in apparent good condition and stowed ready for transport); and
+ it is also a document of transfer, and a negotiable instrument, i.e. it governs all the legal aspects of physical carriage, and, like a cheque or other negotiable instrument, it may be endorsed affecting ownership of the goods actually being carried. This matches everyday experience in that the contract a person might make with a commercial carrier like FedEx for mostly airway parcels, is separate from any contract for the sale of the goods to be carried, however it binds the carrier to its terms, irrespectively of who the actual holder of the B/L, and owner of the goods, may be at a specific moment."
B/L = contract fro carrying of the goods concluded between the consignor and shipping line.
And their obligations are stated in this doc.
Good luck.
09 Aug 2007 00:46
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