Dear all , I want to know what is the liability of a shipper in international trade- if his consignee refuses to accept the shiment, which is sent through a shipping line- towards
1. the freight to the line.
2. detention and dummerages.
3. other costs such as warehousing, legal. etc.

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It will depend on the terms and conditions of the shipping documents you signed, which can vary by vendor ( shipper you used). It can also depend on the nation you are in, and the nation you are shipping to.

If they will not accept shipment, you most likely will have to pay the shipping and all costs both ways to get your shipment back.
And then have to try and sue for damges against the company who refuses the shipment.

Quote:

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Originally Posted by Fr_Chuck

1/2/3

It will depend on the terms and conditions of the shipping documents you signed, which can vary by vendor ( shipper you used). It can also depend on the nation you are in, and the nation you are shipping to.

If they will not accept shipment, you most likely will have to pay the shipping and all costs both ways to get your shipment back.
And then have to try and sue for damges against the company who refuses the shipment.

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Dear sir, thanks you for your kind response. I would like to give the details of my case.

1.I am in India (DELHI)and my consignee was of USA(MIAMI)

2.The shipment was FOB DELHI.

3.The invoice value of the goods was Euro 10371.60 (close to usd 14250)
the goods are - new furniture made of steel, and wood and leather.A total of 40 pcs.

4.Since the goods are now in usa for a long time (since march end 2007)
and freight fm delhi to Miami alone was usd 3100/20(this was a 20' container)
and as per the forwarder involved the G.O. charges alone are usd 2850/- and the line's detention charges(usd 225/day since April 2nd till30 may) are on top of it.The total costs as advised to us have gone up to much above the actual cost of goods.

5. Ihave already taken a decision and have Given a letter on 21 may to the forwarder involved to sell the goods and recover the costs, and I am giving up my ownership of the goods.

6. However, the forwarder involved not done anything till date in regard to selling of the goods-- but have served a legal claim on me to recover his expenses.As per him, he will have to pay to the line (the freight charges, and detention charges, ) and since only a part can be revovered fm the Auction of the goods, they claim -- that we are liable to pay them.

7. Since I have already lost my goods-- and therefore suffered financially, can I be liable for (a) freight, (b) detention, (c)g.o. charges and (d) and legal charges, warehouse charges etc.?

8. Why the line\forwarder involved can not take damage control action fast so as to limit the charges.( to keep the charges in such cases less then the fob value of the goods at least)?

9. Is the shipping business not done under the cover of Insurance-- to cover such eventualities. I assume that the FMC ensures the B/L issued is always insured, therefore the cost to the line and the forwarder-- is it not automatically covered through that.?

10. Can the forwarder/ line actually make me pay for the charges-- which will keep on increasing till the goods are auctioned. What happens if they keep sitting on the goods till -- say further two months and charges go further up because of that.?


Please help me because I have already suffered a lot and have capacity to suffer no more.