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Claims & incidents
This claim involved one cargo owner, two brokers working at different offices, and three shipowners.
Ship brokers in Asia were due commission on the sale of a vessel for scrap. The buyers performance of the Memorandum of Agreement (MoA) was guaranteed by their Hong Kong based affiliate.
Ship managers acted as managers of a vessel for a number of years until it was sold. When it was delivered in Northern Europe to the buyers, Class suspended the vessel’s approvals due the state of its ballast tanks.
A ship agent issued bills of lading in respect of a cargo of different types of coal being transported to Canada. Due to human error, they confused the holds and indicated on the bills of lading that Coal Type A cargo was in holds 1, 3 and 5 and Coal Type B cargo was in holds 2 and 4. However, it was actually the other way around.
A ship agent failed to spot that a bill of lading had specific instructions to arrange the delivery of 10 containers of cargo to the port’s free zone, where the consignee would have enjoyed a free storage period of 21 days from the port authority.
A demurrage claim for US$ 352,122 was passed onto the charterer by the broker within the 90 day charterparty time limit period. However, the charterer declined to pay the claim as they had not been given notice that a demurrage claim would be made within the 60 day period provided for in the charterparty. The owner had advised the broker within the 60 day period that a demurrage claim would be made but this had not been passed on by the broker.
A layup manager arranged the blanking of sea valves for a vessel going into cold layup.
A ship agent in the USA failed to update a local tug company of a change to a vessel’s departure time. This resulted in the tug being prematurely dispatched to assist the ship. The tug company claimed for the wasted time which had to be paid for by the agent.
A liner agent had been paying 2.5% of all freight, paid on export cargo to the local tax authorities. Local regulations made the local agent jointly liable for the tax with the foreign carrier.
A ship broker fixed a tanker for a two-year period to charterer ABC. It was subsequently renewed for a third year. During the course of the third year the brokers arranged a subcharter to XYZ. The subcharter needed to be on back to back terms with the original fixture.
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