Interlegal protected legal interests of a freight forwarder
21 May, 2014
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«Interlegal» successfully protected legal interests of its Client, the Ukrainian international freight forwarder.
The Client undertook to accept the cargo (metal constructions), perform its automobile carriage from Germany to Tajikistan and transfer it to the Consignee. According to terms of the Agreement, the Customer (Austrian forwarding company) made partial payment of freight after completion of loading operations. The remained amount of freight was to be paid after completion of discharging operations in Tajikistan.
Due to toughening of customs control, unforeseen difficulties occurred at the border of Kazakhstan-Uzbekistan. Such unforeseen difficulties caused delay in delivery. Therefore, the Customer retained the remained amount of freight as penalty. Penalty was not stipulated by the terms of the Agreement.
Being guided by the current legislation of Austria, General Provisions of Austrian forwarding activity and Convention on the Contract for the International Carriage of Goods by Road (CMR), lawyers of International Law Firm «Interlegal» successfully recovered the outstanding amount of freight from the Customer. Olga Danilishyna, the lawyer of «Interlegal», performed settlement of the present issue.