Dear Sir/Madam,
We really need your advice on our current legal case against the shipping liner.
We have done a few business transactions with Mr. A to export our palm oil cargo based on FOB basis from Malaysia which we hold the original bill of lading until after payment we shall release the cargo. Mr. A is well known commission agent/dealer in the palm oil industry.
Our last shipment was done on the same basis which Mr. A acts as an dealer but contract was with the overseas buyer. Sales price difference profit will be reimbursed back to Mr. A. We sold the cargo on FOB basis which Mr. A appointed the shipping liner. In such case, we have produced the contract but was not signed back. However, we have few follow ups on the contract reference no. with Mr. A pertaining the shipment.
After the shipment, we have communicated with the shipping liner. Booking confirmation under Mr. A company. We have faxed and informed that original bill of lading supposed to hand over to us after completion. Draft copy of original bill of lading was printed under our company and we have confirmed the shipment details with fax copy for any amendment.
We did not received any reply from the liner as we were assuming that after few shipments Mr. A would not cheat on us as we were having smooth deals for the last few transactions. We have been chasing for original of bill lading and Mr. A came back to us that our quality is inferior. We were told by the shipping liner that the original bill of lading has been hand over to Mr. A since he was the one appointed them.
Our response to him, we are willing to reimburse the cargo either by replacing or giving discount. However, we need a third party like SGS to verify the quality claim which the cargo already reached the port of destination. Mr. A relucant to do so. We keep on the discussion with Mr. A in order to solve the problem amicably.
Finally, we found out that Mr. A with the original bill of lading courier to the overseas client and had released the cargo without our knowledge. We are still holding other original documents such as certificate of origin, health certificate, phytosantary certificate.
As a matter of fact, Mr. A company is a 2 dollars company upon checking with the registrar of companies. As such, recovering the full amount will be impossible. Is there anyway, we could held the shipping liner for negligence? We have done many FOB shipments without any problem which buyer appointed the shipping liner. Is it a norm practice that eventhough under FOB shipment shipping liner shall pass the the original bill of lading to the actual shipper?
Kindly advise.
Wong YC
Quoting from [Kitra]:Dear Sir/Madam,
We really need your advice on our current legal case against the shipping liner.
We have done a few business transactions with Mr. A to export our palm oil cargo based on FOB basis from Malaysia which we hold the original bill of lading until after payment we shall release the cargo. Mr. A is well known commission agent/dealer in the palm oil industry.
Our last shipment was done on the same basis which Mr. A acts as an dealer but contract was with the overseas buyer. Sales price difference profit will be reimbursed back to Mr. A. We sold the cargo on FOB basis which Mr. A appointed the shipping liner. In such case, we have produced the contract but was not signed back. However, we have few follow ups on the contract reference no. with Mr. A pertaining the shipment.
After the shipment, we have communicated with the shipping liner. Booking confirmation under Mr. A company. We have faxed and informed that original bill of lading supposed to hand over to us after completion. Draft copy of original bill of lading was printed under our company and we have confirmed the shipment details with fax copy for any amendment.
We did not received any reply from the liner as we were assuming that after few shipments Mr. A would not cheat on us as we were having smooth deals for the last few transactions. We have been chasing for original of bill lading and Mr. A came back to us that our quality is inferior. We were told by the shipping liner that the original bill of lading has been hand over to Mr. A since he was the one appointed them.
Our response to him, we are willing to reimburse the cargo either by replacing or giving discount. However, we need a third party like SGS to verify the quality claim which the cargo already reached the port of destination. Mr. A relucant to do so. We keep on the discussion with Mr. A in order to solve the problem amicably.
Finally, we found out that Mr. A with the original bill of lading courier to the overseas client and had released the cargo without our knowledge. We are still holding other original documents such as certificate of origin, health certificate, phytosantary certificate.
As a matter of fact, Mr. A company is a 2 dollars company upon checking with the registrar of companies. As such, recovering the full amount will be impossible. Is there anyway, we could held the shipping liner for negligence? We have done many FOB shipments without any problem which buyer appointed the shipping liner. Is it a norm practice that eventhough under FOB shipment shipping liner shall pass the the original bill of lading to the actual shipper?
Kindly advise.
Wong YC
okay , yes, you should find the arbitration .
but firstly , you should stay calm , and try to consult your local trade agency or good /experienced companies how to handle this in the usual case .
I personally advised you to call your local legal office to stop it. as it's already an illegal action so you can go on this way
and then try to find set up the evidences and keep them well
calculate your cost for sentencing them ,if it's minus , just stop and be careful next time
there are many fraud case happening in this world so i advised u to make steps more safe , DON'T LOSE CONTROL OF YOUR GOODS IN ANY TIME.