The Claims Review - Issue 1, October 1993

Welcome to the first edition of ITIC Claims Review.  This publication has been written in response to suggestions by many of ITIC's Members that we should periodically publish selections of cases which have either been paid by the Club or where assistance has been rendered in, for example, the collection of outstanding disbursements or commissions.

We hope that these "case histories" will be of interest to all Members and may help them identify potential claims exposure.  We also hope that the examples will assist them when reviewing their office procedures and their arrangements for training and supervising staff.

ITIC's magazine The Intermediary will continue to be published (next edition October 1993).  It will contain articles on specific issues affecting the Club and its Managers.

Claims Review 1

30/09/1993

Wrong tariff used for container demurrage

Twenty-six containers were discharged in Antwerp and the port agents were requested by the consignees' forwarder to quote the daily demurrage rate per box.  Their principal's rate was US$ 42 per box but the employee handling...

30/09/1993

Misdelivery of cargo against letter of guarantee

Liner agents were authorised by shippers to deliver a consignment of frozen chickens to receivers against a bank guarantee.  The bank guarantee was received covering 112,309 kilos of frozen chickens for a value of USD$...

30/09/1993

Fixture on behalf of non-existent or fictitious principal

Chartering brokers fixed a vessel on behalf of charterers in Panama.  The vessel was time chartered for a voyage from Far Eastern ports to Arabian Gulf and Red Sea ports. Soon after loading had been completed it became...

30/09/1993

Late submission of Customs T forms

Clearing agents were asked by their principals to complete the Customs formalities for a cargo of  fuel oil which included reclaiming duty amounting to £48,341 under the EC tariff  quota system. Rebates under EC tariff...

30/09/1993

Failure to report claused Mate's receipts

A ship loaded a cargo of copper cathodes which the Chief Officer noted on the Mate's receipt and Loading Exceptions was short of six bundles. The Chief Officer tried to contact the shippers via sub-agents to report the short...

30/09/1993

Reefer container in general cargo stow

Agents accepted a booking for the shipment of a reefer container containing lobster meat.  As agents for the Line one of their responsibilities was the preparation of the ship's stowage plan at the loading port. Due to a...

30/09/1993

Recovery of unpaid disbursements

Port agents requested the assistance of the Club to recover unpaid disbursements amounting to £24,900.  The owners operated a fleet of approximately 40 ships, each of which was owned by a separate one-ship Panamanian...

30/09/1993

Time limit for demurrage claim

Shipbrokers acted as sole brokers for the voyage charter of a tanker whose owners calculated that they had a claim for demurrage against the charterers in the amount of US$ 60,287 when the voyage was completed. One of the terms...

30/09/1993

Recovery of unpaid commissions

Chartering brokers requested the assistance of the Club to recover commissions of US$ 21,788 in respect of the fixture of several vessels over a period of more than a year.  The Club's demands for payment were ignored and...

30/09/1993

Failure to instruct terminal of storage conditions

Importers of wines from France into the United States had previously encountered problems with consignments imported through New York during the winter months when the wine could be subjected to sub-zero temperatures causing it...

30/09/1993

Delivery of cargo without bills of lading

Liner agents took delivery of two discharged containers of frozen beef.  The agents arranged for the two containers to be transferred to cold storage where they were stripped and the beef placed in storage awaiting delivery...

30/09/1993

Non-performance of charterparty

Shipbrokers, acting as charterers' brokers, fixed a ship with owners' brokers with laycan 18th/22nd September.  On 18th September the owners' brokers advised that the ship would be delayed.  There followed a number of...

30/09/1993

Agents held liable to ship breakers for wharfage dues unpaid by owners

Agents for a ship which had been sold to breakers in Taiwan took proper steps to obtain sufficient funds in advance of the ship's arrival to meet all anticipated expenses. However, after arrival at the yard the ship was arrested...

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