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Industry : Law
Functional Area : Global Business
Activity: Question posted: 11 09 2011 06:45:33 +0000, 2 answers, 81 views, last activity 11 09 2011 10:50:04 +0000
 
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We, as a cargo clearing agent, on behalk of exporter we booked a container with shipping line and shipment completed.   As exporter paid sea freight to our company, we remitted the same to shipping company as per their bill.     But at destination port, the cargo was not taken by buyer and shipping line not traced buyer for more than 4 months.   After 4 months shipping official informing us to give cargo abondanment letter to dispose the cargo at destination since the cargo is perishable and was decayed in four months.   After one year shipping line raised debit note for the expense incurred at destination.    Exporter not given response to shipping line claim.     Are we responsible for this settlement as a booking party?   Can we seek shipping line to write off this claim on us, on the grounds of just clearing agent, not be aware of buyer by our company? 

 
  Answered by     Shashi Kumar U, Manager accounts & commercial, Mazda Concrete Products Pvt Ltd  | 11 09 2011 10:50:04 +0000
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Four months the cargo was laying unclaimed. Why you or the shipping line not taken up with the exporter. Why the cargo was not taken delivery by the buyer. There must be specific reason for it. You are only the link between the shipping line  and the exporter. I feel that it is the exporter's mistake. You can take legal action against the exporter. Also for non recovery of payment in foreign exchange the exporter has to answer.

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It is a contract between you and the shipping line and hence you will have to shell down the money. It is for you to collect the money from the exporter or take necessary steps to recover the money. Readers, correct me if I am wrong !

 
 
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