The Claims Review - Issue 31, September 2014

Claims Review 31

18/09/2014

Expensive expenses

A ship was fixed on a charterparty form containing a time bar clause that provided that all claims, charges and expenses had to be submitted within 90 days of the completion of the discharge or otherwise would be deemed waived.

18/09/2014

Translation troubles

Notice of readiness was tendered by a ship on arriving at a port in the Middle East. The local port agent then submitted all the relevant cargo declarations, which included a document which the agent had translated into Arabic and English, which described the cargo and the names of the consignees.

18/09/2014

Wheat-a-mix up of port costs

A mistake in the calculation of port dues for two pro forma invoices happened when a ship agent incorrectly used the cheaper rate for malt, instead of that for wheat. The cargoes of wheat were discharged from two ships and the final invoices for port dues were sent out, before the error was discovered.

18/09/2014

Failure to forward full information

A shipbroker received a request to find a suitable ship for a shipment of steel pipes. Shortly after negotiations had commenced the charterer called to inform the broker that there was an additional dunnage requirement of approximately 7cm between each of the layers of pipes. Unfortunately the broker failed to forward this new information over to the owners.

18/09/2014

Polite persistence pays off

A ship agency had persistent problems obtaining settlement of port disbursements from a recognised and important ship operator in Vietnam. They reported the problem under their ITIC, Rule 10, additional legal expenses and debt collection cover.

18/09/2014

Loose lips…

A young trainee shipbroker, no more than a few months in the job, attended a function at a major industry conference. He was introduced to a young associate attorney from a prominent local law firm. He asked her “what are you working on?”, to which the reply was that she had been working on the arrest of a ship belonging to an owner who she named. The broker responded that he was aware of the ship and the owner, as they were working on something for them as well.

18/09/2014

SMS

Charterers who had entered a COA asked the shipbroker if they could increase the volume of cargo which had already been booked. The broker, who was working from home, contacted the owner via SMS to ask if there was additional space available on the ship, as charterers might want to increase the volume depending on how much space was available.

18/09/2014

Confidentiality Agreements – an ITIC e-learning seminar

ITIC is increasingly asked to comment on confidentiality agreements, sometimes known as nondisclosure agreements.

18/09/2014

Timing can be everything

A recent case in which ITIC supported a ship agent Member in pursuing a claim in the New Zealand High Court shows that timing can be everything when it comes to pursuing a claim against a ship owned by a company in financial difficulty.

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