Help with a Shipping matter please

[Dot1]

Hi Everyone,

 

I hope this is the right section for shipping (Sea freight).I looked around but could not find any.

Basically, I am helping a friend who shipped a Truck through a shipping agent.

He advised the shipping company that the weight he provided was an estimate and asked them to contact the vendors for the proper weight.

The shipper then generated a delivery note which indicated the correct weight of the cargo.

Base on the information obtained by the shipping agent from the dealers, they told my friend that they will ship the truck for £4,000.

They agreed that £2,000 is paid upfront then the balance once the cargo arrives at the destination port.

On arrival of the cargo, when my friend went to pay the balance, the agent was demanded £9,000 and claiming that my friend misled them that the truck was 6 tons but it turn out to be 22 tons.

My friend has an email sent to the shipper confirming that he was not sure of the weight of the truck and asked them to contact the vendors. The agent replied to the email and confirmed that they will do that and update my friend accordingly. They never communicated to my friend.

Now the truck is being held at the destination port and it is incurring daily storage charge. The shipper said unless my friend pays the amount demanded, they will not release the truck.

Any advise and help is very much appreciated.

 

Dot

[ims21]

Thread title changed as requested

[Dot1]

Thread title changed as requested

 

Thank you ims21

[Dot1]

Help Please.

[Dot1]

Can some one have a look at this issue for me please?

Many thanks

[Dot1]

Please, could someone have a look at this for me.

My friend is desperate as charges are piling up. He fears that he may loose his cargo.

Help please.

 

Dot

[honeybee13]

Hello there. This sounds quite complicated and not something we come across very often here. I hope someone with the right knowledge will see your thread.

 

It sounds as if the dealer is abroad, is that right please? And where is the shipping agent?

 

My best, HB

[Dot1]

Hello there. This sounds quite complicated and not something we come across very often here. I hope someone with the right knowledge will see your thread.

 

It sounds as if the dealer is abroad, is that right please? And where is the shipping agent?

 

My best, HB

 

Hi HB,

Thanks for your response. Yes you are right. I tried looking around the forum but could not get anything in shipping.

The agent is in the UK but they also have their agents at the destination ports.

My friend tried to resolve the matter but the shipping agent is not willing to accept any responsibility.

As I mentioned earlier on, they will not release the cargo unless the 9K is paid.

I thought I would get some help on the forum so that my friend can put in a claim in court.

 

Thanks

Dot

[cerberusalert]

Was the agreement made with the UK shipping agent & who are they?

[queensclose]

you need to get your invoice out and check the small print. or even scan it for us. what shipping company did you use

 

generally they will do the invoice on an customers estimate. and expect to give and take a little leeway with the weight. they normally buy x amount of weight on the ship and normally have weight to spare.

 

for example send a parcel with parcel2go. they will give you a good price because they send in bulk with DHL. they will let parcels get delivered for being slightly over weight. something grossly over weight DHL will charge the extra to Parcel2go. in turn they want the money off you.

 

the agent is holding it to protect what he's going to pay the ships owner. i think he has got a good argument. 6 tons to 22 tons. if you would have been 2 tons over he would have properly absorbed the extra cost because he was still making money. but 16 tons over weight.

 

weres the truck being held and were is the shipping agent based

[Dot1]

Was the agreement made with the UK shipping agent & who are they?

 

Thanks cerberusalert for your response. The agreement is with a UK shipping agent called Titan Shipping.

[queensclose]

at least you can go down this route

Disputes

If there is a dispute arising from this agreement which cannot be resolved, subject to the agreement of both parties, either you or we may refer

the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators The cost of any such arbitration will be at the discretion of the arbitrator

 

in short time your going to have to pay up and let the arbitrators do their work. at least they are independent

[Dot1]

you need to get your invoice out and check the small print. or even scan it for us. what shipping company did you use

 

generally they will do the invoice on an customers estimate. and expect to give and take a little leeway with the weight. they normally buy x amount of weight on the ship and normally have weight to spare.

 

for example send a parcel with parcel2go. they will give you a good price because they send in bulk with DHL. they will let parcels get delivered for being slightly over weight. something grossly over weight DHL will charge the extra to Parcel2go. in turn they want the money off you.

 

the agent is holding it to protect what he's going to pay the ships owner. i think he has got a good argument. 6 tons to 22 tons. if you would have been 2 tons over he would have properly absorbed the extra cost because he was still making money. but 16 tons over weight.

 

weres the truck being held and were is the shipping agent based

 

Hi queensclose,

 

Thanks your advice. I will have to get the invoices from my friend and post it up in the forum. I have not seen any of the invoices or T&Cs.

As per my first post, it is a truck and according to my friend its very big. Its a vehicle carrier with two levels.

My friend said he wrote to the shipping agent advising them to check the tonnage as he was not sure. The shipping agent confirmed that they will do

that and get back to him. This were all communicated in writing.

The agent is in London called Titan Shipping. The truck is at Mombasa.

I hope I have answered all the questions.

 

Dot

[cerberusalert]

it looks as if they are relying on;

 

1.2 We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when

preparing our quotation. These include:

 

in their terms & conditions; http://www.titanshipping.co.uk/terms.pdf

[Dot1]

at least you can go down this route

Disputes

If there is a dispute arising from this agreement which cannot be resolved, subject to the agreement of both parties, either you or we may refer

the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators The cost of any such arbitration will be at the discretion of the arbitrator

 

in short time your going to have to pay up and let the arbitrators do their work. at least they are independent

 

Thanks again queensclose, I think the invoice and the rest of the paperwork will be very helpful. Unfortunately, I can not get it until I pick them up from my friend.

The dispute route sounds good but how long does it take normally?

What is the cost associated (roughly how much)?

One of the problems is that there is a daily charge being incurred.

 

Dot

[Dot1]

it looks as if they are relying on;

 

in their terms & conditions; http://www.titanshipping.co.uk/terms.pdf

 

Thanks for the info. It is likely to be the case but the big issue is that they generated delivery a note which stated the right tonnage (22 ton)

They did this before the arrival of the cargo.Basically what I am saying is that they knew that the truck was a 22 ton.

They never got back to their client to confirm the weight of the truck despite promising.

 

What do you think?

[Dot1]

Just stepping out for 15 mins. Will be back shortly.

[Dot1]

HI I am back now. I got some emails exchange that I will be posting shortly, I do not know if it will help in any way.

Dot

[Dot1]

Could some one please tell me how to upload a file?

Thanks

[cerberusalert]

Put it in a pdf format or into a zip file and upload it as an attachment.

[Dot1]

Put it in a pdf format or into a zip file and upload it as an attachment.

 

Thanks will do that shortly.

 

Dot

[Dot1]

Hello everyone,

 

I am sorry I could not upload the emails. I have decided to copy and paste instead.

I hope this is acceptable. Sorry if it looks messy.

Below is the email communication between the client and the shipping agent.

 

Thanks Dot.

 

CHRONOLOGY OF EVENTS

 

Please to confirm another non refundable deposit of £1000.00 has been received today from you.

[name]

Exports Dept

 

email address

[address]

 

[phone nos.]

 

Co Reg no: [edit]

Vat No: GB xxx

EORI Number – GBxxx

 

From: CLIENT

Sent: 29 September 2011 11:17

To: [name]

Subject: Re: please acknowledge receipt

 

about exact weight, if its necessary, please confirm with bill ,(xxx) what i gave you was just estimated also get back to me with confirmation of receipt of a further £1000.00 by electronic transfer

 

From: AGENT [name]

To:

Sent: Thursday, 29 September 2011, 10:51

Subject: RE:

Thank you for the picture, I will forward this to the line at sheerness now.

[name]

Exports Dept

EMAIL FROM AGENT 13 DAYS BEFORE ARRIVAL OF CARGO

From: [name]

> To:

> Cc:

> Sent: Wednesday, 16 November 2011, 17:49

> Subject: RE: daf car-transporter ex uk to UGANDA via mombasa via

 

> Dear Sir

> > I am pleased to confirm that the arrival date for the vesel is 07/12/2011.

> However we have an big issue.

>

> When you asked for the quote and booked the shipment you indicated that the

> total load is no more than 6500kg as per your email below. But subsequently

> it transpired that you have delivered total of 22000kg. this is totally

> unacceptable. The new invoice will reflect the changes.

 

> -----Original Message-----

> From: CLIENT

> Sent: 28 September 2011 10:56

> To: [name and company]

> Subject: daf car-transporter ex uk to UGANDA via mombasa via

>

> daf car transporter truck ex uk to UGANDA via mombasa port:

> sender:

> > email:

> receiver;

> UGANDA

> tel:

> email:

>

> daf[model]

> year of manftr: 2001

> reg mark ;xxxx

> chasis; xxx

> engine; xxxx

> cyl.capacity: 12580 cc

> color: white/ black

> (car transporter with pulling trailer,loaded with 2 saloon cars - subaru

> impreza and mercedes benz c200 in its decks)

> __________ xxxxx (xxxx) Information __________

 

EMAIL SENT TO AGENT ATTACHING V5s FOR VIEHCLES TO BE SHIPPED

BEFORE ANY CONTRACT WAS ENTERED

From: CLIENT

To: [name]

Sent: Thursday, 29 September 2011, 19:54

Subject: V5 document for transporter truck and 2 cars loaded on

 

1. v5 document for daf xxx car transporter truck & trailer ex uk to mombasa port

2. v5 document for subaru impreza ( loaded on transporter truck)

3. v5 document for m.benz c200 ( loaded on transporter truck)

 

RECIEPT FOR DEPOSIT

----- Forwarded Message -----

> From: [name]

> To: CLIENT

> Cc:

> Sent: Wednesday, 28 September 2011, 14:13

> Subject: RE: acknowledge receipt of £1,000 for truck shipment to mombasa

>

>T hank you for the deposit, which has been received. The Booking Reference is

xxxx. we will be making the shipping note and sending it soon.

>

> [name]

> Exports Dept

 

> -----Original Message-----

> From:

> Sent: 28 September 2011 12:08

> To: [name]

> Subject: acknowledge receipt of £1,000 for truck shipment to mombasa

> please acknowledge receipt of £1000 towards shipment of daf car transporter

> upto mombasa port, paid by electronic a/c transfer on 28/10/2011 to titan

> shipping account number; xxx, sot code: xxxas provided

> thank you

> __________ xxx(xxx) Information __________

 

Confirmation of when cargo was handed over to agent/shipper, 03/11/2011

---- Forwarded Message -----

From: [name]

To

Sent: Thursday, 3 November 2011, 14:12

Subject: RE: truck delivery

 

 

Hi

Just to confirm the load has been tipped at the docks.

 

Best regards

 

[name]

 

[name]

Hampshire

Edited February 5, 2012 by honeybee13
Removing names and addresses. Please edit them out in any future posts.

[Dot1]

I am expecting more documents/information which I will post as soon as received.

Unfortunately, I have to get the information or documents from my friend.

So please bare with me. Any delay is not intentional.

 

Thanks Dot

[honeybee13]

Hello there.

 

As a precaution, I've taken your post #21 offline temporarily as it contains quite a lot of names and email addresses. It will be restored once it's been checked, sorry for any inconvenience.

 

My best, HB

[Dot1]

Hello there.

 

As a precaution, I've taken your post #21 offline temporarily as it contains quite a lot of names and email addresses. It will be restored once it's been checked, sorry for any inconvenience.

 

My best, HB

 

OK Thanks.