Interlegal facilitated defense of freight forwarder’s interests against container line
Freight forwarder applied to Interlegal due to cargo damage that occurred during carriage by sea.
Freight forwarder, on behalf of its client, ordered for equipment transportation from China to Ukraine by a certain container line. Under the Bill of Lading, freight forwarder was indicated as the consignee for a certain carriage.
Out-of-gauge cargo was placed on the open platform container. During the vessel additional loading at the transit sea port, the cargo projecting parts got damaged.
As shown by survey at the Ukrainian sea port of discharge, such damages made impossible to install and to operate the cargo.
The customer of freight forwarding services rejected the cargo and claimed for recovery of damaged cargo cost at the freight forwarder’s expense. Since for the buyer term of currency control came to a close, in fact the buyer failed to receive the cargo, which still stayed at the sea port without appropriate customs clearance.
Freight forwarder filed claims against container line liable for transportation, and ordered to issue the cargo for its further disposal and for appropriate customs clearance. But the carrier rejected issuing the cargo until debt recovery upon demurrage and storage at the sea port, while freight forwarder rejected payment of expenses incurred not due to its own fault.
Interlegal lawyers joined negotiations with container line and drafted a feasible claim with regards to applicable Terms and Conditions for carriage and foreign law.
Negotiations between the parties resulted in signing amicable agreement, whereunder container line recognized its liability for cargo damage, rejected its claims on demurrage recovery and issued the cargo for its further disposal.
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