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The Claims Review - Issue 25, March 2012

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Welcome to the Spring edition of the ITIC Claims Review, which is published to coincide with the March 2012 meeting of ITIC’s Board of Directors in Sydney, Australia.

Claims Review 25

22/03/2012

Telex release goes wrong

Liner agents frequently have to arrange for cargo to be released against bills of lading surrendered at the loadport – the so called “Telex Release”. This type of release is risky as no bill of lading is collected at the...

22/03/2012

Beware the “poor” ship owner!

ITIC has seen a trend of claims against ship managers by ship owners who are facing hard times. As a result of their financial difficulties they resist paying for the full maintenance for the ship and also owing the ship manager...

22/03/2012

A lost volume discount

A ship agent was appointed to provide agency services to a fleet of ships.  One of the duties of the agent under the contract was to liaise with the local Canal Authority to make all necessary arrangements for the fleet to...

22/03/2012

Putting pressure on for payment

Due to local port requirements a ship was required to be escorted through restricted waters into and out of a port by a tug. The owner asked the ship agent to arrange for the tug on their behalf and to invoice them directly. The...

22/03/2012

Assumptions = Claims

A commercial manager arranged for a ship to load cargo at a port which the ship had not previously called and of which neither the commercial manager or the ship owner had any previous experience. The commercial manager...

22/03/2012

Collision causes a loss of commission

Shipbrokers fixed a bulk carrier for a time charter of 90 days.  The first voyage was via a port in Thailand where cargo was loaded for discharge at an African port.  Unfortunately, during the outward passage, the ship...
Failing to go cold turkey

22/03/2012

Failing to go cold turkey

A ship agent, arranging for the export of a consignment of frozen turkeys, mistakenly notified the line’s reefer engineers that the cargo needed to be carried at a temperature of +13 deg. C. instead of -25 deg. C.. The mistake...

22/03/2012

A commission won and then defended

A Norwegian shipbroker made a claim against their principal for the commission on two newbuildings. The principal had appointed the member as their exclusive broker. The broker introduced the principal to a shipyard but the...

22/03/2012

Addendum Omission

Shipbrokers arranged a sub-charter. As is often the case the main terms of the sub-charter were fixed with the details “otherwise as per as the head charterparty”. The sub-charterer asked for a copy of the head charterparty for...

22/03/2012

A date for your diaries

ITIC are hosting a cocktail reception in London on Thursday 27 September 2012 for all members, brokers and correspondents. This event coincides with the ITIC Board meeting in London and it will give you the opportunity to meet...

22/03/2012

Tonnes of trouble

A European liner agent took a booking for a consignment of engineering equipment to be transported by short sea to the Netherlands. The agent issued a bill of lading in accordance with the shipping instructions but included the...