Will the shipping company recover demurrage if the customer abandons the cargo? How to deal with it?
Recently, I encountered a disturbing thing: CIF goods sent to France, because the customer company went bankrupt, arrived at the port for a month, resulting in a lot of costs, the customer obviously will not pick up the goods, we asked the freight forwarder to explain to the shipping company that we abandon the goods, but the freight forwarder said that at least half a year to abandon the goods.
"Then the problem comes, half a year later the port cost is estimated to be astronomical, the company certainly can not afford." The value of the goods is also very low, and the future cost will certainly be much greater than the value of the goods at auction. Specific questions are as follows:
1. Is the shipping company sure to claim these expenses from us? Should we pursue the forwarder or us?
2, If we can't pay, will they take legal action?"
Netizen renoblue suggested: First determine whether the bill of lading is M/B issued by the shipping company (it seems to be), and then determine whether the SHIPPER on the bill of lading is the owner's company (it seems to be). If both are yes, then congratulations to the owner, your company has not run away, the shipping company has a special legal department, according to the maritime law, all the costs incurred after the consignee abandoned the goods, The carrier (i.e. the shipping company) will recover the shipper on the named bill of lading.
Netizen feizhongcai suggested: If no one picks up the goods after a period of time (generally 3 months), the customs of the destination port will organize an auction, and the auction proceeds will pay the shipping company and dock fees first; If the cost is not enough, the shipping company will find the booking party (that is, the company that books the space directly from the shipping company), and then the booking party will pursue it downward, layer by layer. LZ had better not think that the shipping company will not end up, as long as it is not solved, the matter will always be there; So LZ had better prepare early, abandon the goods or return the shipment. The longer the delay, the more serious the costs and possible consequences.
Netizen transit transport suggestion: Are you full container or LCL? If it is the whole container, there will be not only demurrage fee, but also demurrage fee. If the cargo is abandoned directly by LCL, it is mainly the storage fee of the warehouse, which is not much actually generated, but the agent there and the freight forwarder here will definitely find you, if you cannot find it, it is estimated that the LCL company or the freight forwarder who receives your goods will have bad luck.
If it is the whole container, the shipping company will only find the booking freight forwarder, the booking freight forwarder will find the secondary freight forwarder and you, if you directly cancel the company, then the freight forwarder and the freight forwarder company to give you the goods will be unlucky, they have to bear the responsibility, unless they also declare bankruptcy, otherwise the cost must be paid by one of the handling links.
If the goods are abandoned, the customs side will auction first, if the auction fee is not enough to cover the costs incurred there, then we will definitely find the freight forwarder who booked the space.
Sunny Worldwide Logistics is specializing in the shipment services by Air/Sea/Express/Railway. We also provide customs clearance, inspection and trailer, CO, F/A, fumigation, insurance and so on.
Netizen feizhongcai suggested: First of all, look at how much your goods are worth, how much you have received now, and how much you have not received. Secondly, the consignee will certainly not pick up the goods according to the current situation, so deal with it as soon as possible, and there is no need to wait half a year. Then is how to deal with this, there are several options, one is to actively abandon the goods, one is to resell, one is to ignore. A little more detail:
1. To take the initiative to abandon the goods, first ask your forwarder to find the agent of the destination port to help, first change the consignee to the designated agent, and then abandon the goods in the name of the agent. Why is that? Because if the consignee is not changed, the shipper should be difficult to abandon the goods unilaterally. However, after this change, the agent of the destination port will have to bear a lot of responsibilities, including the cost and responsibility of abandoning the goods. You must negotiate with the forwarder about this condition, whether the forwarder is willing to help you do so, and how much cost you have to bear if you do so.
2. Resale, is it possible to find other buyers in the destination country, change the consignee of the bill of lading and then sell to them, of course, definitely at a discount? This also has a great restriction, one is that the product is not customized to resell, one is to find willing to take over the customer.
3. Ignore it, it doesn't matter what, all the responsibility costs let your freight forwarder to carry. This is the most people, maybe you are okay, but the freight forwarder and the company who take your goods will be in great trouble, and maybe a person will lose his job or lose a lot of money. The point is, it's not their fault. Of course, the other side may also Sue you, which is ridiculous. I used to help people back, lost a lot of commissions, but also quit, all kinds of sad also don't mention, too bad. Of course, my total amount was not too large at that time, so I did not Sue. If the amount is large enough, you as the shipper are still likely to lose in a lawsuit. Legally speaking, according to Article 86-88 of the Maritime Law, if the consignee has a problem, the shipper must bear the cost.
If I personally make suggestions, I certainly hope you choose the first kind, business on this matter, it must be solved, can not let others help you carry, after all, if the business is done, the profit is your, the freight forwarder only tens of dollars of profit, then the responsibility can be the same.
