We exported the goods to China and while the consignee was waiting for the documents from the bank, China shipping agent released the B/L for consignee to receive the goods without documents from the bank.

Otherwise, we don't know how our buyer (consignee) can receive the goods without original documents which sent to the bank.

And after our buyer received the goods, the China shipping agent just found out that is their mistake. And now, the buyer said that the goods is not same as they think whithout Suveyor Report. and they don't accept to pay full amount.

Please help us to know how to make claim this shipping agent?

They can not release the goods while the goods is not theirs.

Please help me!!!!!

laihongjun wrote:

hihi,guys,

i  work  in shipping  company  ,we are  agent  for msk ., OOCL and so  on, if you  have  any matters  you can  e-mail  for me:   

CONTACT DETAILS DELETED BY MOD

many thanks  , pls fell free tocontact me if  you have any  logistis  matters  ,we  will   handle it well for you  good  company  , merry  x mas!

regards

victor lai

aijsc wrote:

We exported the goods to China and while the consignee was waiting for the documents from the bank, China shipping agent released the B/L for consignee to receive the goods without documents from the bank.

Otherwise, we don't know how our buyer (consignee) can receive the goods without original documents which sent to the bank.

And after our buyer received the goods, the China shipping agent just found out that is their mistake. And now, the buyer said that the goods is not same as they think whithout Suveyor Report. and they don't accept to pay full amount.

Please help us to know how to make claim this shipping agent?

They can not release the goods while the goods is not theirs.

Please help me!!!!!

It is very serious problem. Because it is possible to involved in international strife. In our common sense, shipping agent mistakes , thus they are responsible, and so damaged party brings it to a court and finally win. That's right but  nonsense. I guess you  laoded the cargo in Vietnam to China via China shipping (If you loaded the cargo via local forwarder, not directly via local agent of China shipping. Then it can take on a new aspect.).  China shipping is Chinese liner.

You know Clauses on the Reverse of the Bill of Lading on which they stated about jurisdiction and exemption of agent by Himalaya clause. So if you want to sue you have to bring it to Chinese court against China shipping headquarter. I will not say after story in Chinese court.

As the solution,

1) Try to get back the cargo they claimed. it is first and best for reducing your loss. Other expenses should be abandoned by yourself.

2) If insurance exists, claim it relevant insurance company first.

3) Investigate any fault or neglect of your local side of shipping agent. If any, claim it to the party. And check international rules and regulations to be applied correspondingly in Vietnam. For instance, some country restricts himalaya clause as like Australia. As your result do your action properly.

4) Strongly complain your local agent to settle the matter with agent at dischaging port. And ask them to report daily.

5) Report consignee/buyer to both Chinese and Vietnam relevant authorities.

6) Investigate consignee/buyer's property in Vietnam. Even if there is any other importing cargo of them in Vietnam and by any possible mean seizure where is as is.

7) The matter you wrote is impossible to occurred in an advanced trading country. But often occurred in China. I think consignee submitted any document for cargo release without O.B/L to shipping agent of discharging port like as "Letter of Indemnity" in order to avoid any damage to the person in agent caused by release the cargo. And consignee will be unable to trace. This is depended on my experience for years.

Good Luck !

Jay

I THINK THE ORIGINAL B/L  IN YOUR SHIPPING AGENTS POSSESSION AND HE WAS THE ONE WHO BOOKING THE CONTAINER FROM THE SHIPPING LINE SO YOUR SHIPPING AGENT MAY DELIVER THE ORIGINAL BL TO THE SHIPPING LINE AND SEND THEM THE RELEASE INSTRUCTIONS, SO YOU CAN'T SUE THE SHIPPING LINE BECAUSE THEY FOLLOW THE RIGHT AND LEGAL WAY  BUT YOU HAVE TO SUE THE SHIPPING AGENT CAUSE HE WAS COLLUSION WITH YOUR CONSIGNEE TO RELEASE THE GOODS WITH OUT DELIVER THE ORIGINAL BL (WITH OUT YOUR INSTRUCTIONS TO RELEASE).  

Is this your fowarder or the consignee's forwarder? Do you check the B/L? Is the B/L House B/L or Master B/L?