The shipper says it the mistake of his forwarder. And also says it will be rerouted to the real port of destination in India. The forwarder of the shipper says we need to get payed by the shipper to reroute the containers.
I want to know if the shipper has to really pay his forwarder if it is the mistake of the forwarder and not the shipper. What can I do if the containers are somehow sold out in the other country where the containers are at present i.e Bangladesh.????
Please advise me quickly.
Although unlikely, it could be a genuine mix-up on the part of the shipping company.
It would be best to contact the carrier (not forwarder) direct and find out what is the
port of discharge/destination on the vessel manifest. They should be able to give you
a proper reply on this.
As far as freight arrears are concerned, if the forwarder has really told you that the
freight & charges are unpaid then a simple phone call to your supplier should clear
up the matter. No serious/genuine supplier would want to be embarrased this way by his buyer. if they have indeed delayed paying up, they will be forced to act now.
You've trusted them enough to open an L/C for them, so why doubt them now ?
Were the goods inspected / container loading/stuffing surveyed before shipment ?
You have to take a proactive stance on this situation and make a few telephone calls.
It's not that difficult.
Speak to:
1. Your supplier
2. The carrier's agent in your home city and the carrier's office at the port of loading.
Most carriers have proper websites which show a proper listing of their office contacts.
Dear Gaint Trader,
Thanks for your advise. Yes, I have contacted the Shipping company not just in the POL but also in the Transshipment port. They have refered me directly to the forwarder of the Shipper. Now, the forwarder of the shipper says "only after the shipper/exporter pays I will release the MBL and materials from the Transshipment port."
We have received the HBL long back. Its in our hands now. The MBL is with the forwarder of the shipper/exporter.
Pls advice. I will be much greatful.
Hi Pravin,
Since you already have the forwarder's House bills of lading on hand, you are legally entitled to seek possession of the goods from the forwarder's local agent / office. The fact that
your supplier did not pay the freight has nothing to do with you. This forwarder is
over-stepping the mark in some ways, but that's the way some people work.
You must clearly press this point home - the arrears owed by the shipper to the forwarder
is none of your concern and there are other LEGAL means to recover such outstandings.
I suggest you speak to the person in charge at the forwarder's local agent/office and
make yourself clear. A strongly-worded letter threatening legal action should also help.
Pls keep all proof of communication and documents handy because you may need it
if you wish to pursue this matter through legal means.
Hope it all works out for you - good luck.
Quoting from [pravin g]:
We have few containers reaching our port in India. The Shipment is from USA. After reaching the Transshipment port i.e. Singapore, the containers where diverted to bangladesh and not to us. The payment terms is LC at Sight so we have payed them.
The shipper says it the mistake of his forwarder. And also says it will be rerouted to the real port of destination in India. The forwarder of the shipper says we need to get payed by the shipper to reroute the containers.
I want to know if the shipper has to really pay his forwarder if it is the mistake of the forwarder and not the shipper. What can I do if the containers are somehow sold out in the other country where the containers are at present i.e Bangladesh.????
Please advise me quickly.
Remember the main point here: you are holding the HB/L with you and by law the
forwarder is supposed to issue you the D/O against surrender of duly endorsed HB/L.
If they refuse to, you can take legal action. What is the value of the HB/L then if they
do not honour their own document ? Master B/L has nothing to do with you - that's
the forwarder's look-out.
Please, do not allow them to make you a victime here. You have to take a strong stance
on this.