PROVISION OF TARIFF INFORMATION TO PRINCIPALS
SİRKÜLER NO: 6,12 / 542-440 = 04/08/2020
Üyesi bulunduğumuz FONASBA' dan 03.08.2020
tarihinde almış olduğumuz e- posta mesajı aşağıdaki gibidir.
Please note and pass on to your members the undernoted
reminder from our colleagues at ITIC about the need to ensure regular
principals are kept updated on changes to port charge fee and tariff changes;
“ITIC issues timely warning to port agents.
International Transport Intermediaries Club (ITIC)
warns port agents to inform their regular principals of port fee and tariff
increases, even if the details are in the public domain. This will avoid
disputes as well as delayed reimbursement payments.
A recent case involved a port agent who was owed US
$190,000 by their regular principal (the charterer and consignee of a cargo of
timber) for storage costs and demurrage charges. The agent had been invoiced
for these charges by the port and had then passed them on to their principal
for reimbursement. After a lengthy period of silence from the principal, ITIC
appointed lawyers to strengthen the demand for payment. The principal advised
that the agent had previously sent them the port tariff on which they had
relied. However, unknown to them the port had subsequently increased its fees
and this was why they were refusing to pay.
The agent responded by saying that they had sent that
tariff in relation to an earlier shipment. Although they had not sent a message
updating the tariff, the fees are set by the port and they are available on the
port’s website. Furthermore, there was no other place the cargo could have been
stored and the principal was the end user of the cargo and could not pass the
storage costs on to any other party. Despite the principal’s criticism of the
agent for not keeping them advised of the changes, the agent’s inaction was not
causative of any loss. Therefore, it was demanded that the ports costs should
be paid in full by the principal.
After a court ordered conference, the principal
offered to pay US $60,000. This was rejected and, following a mediation
process, the matter was finally settled for US $160,000.
Legal fees of US $11,800 as well as the balance of the port charges were covered by ITIC. In order to avoid disputes, port agents who routinely provide regular principals with port fees and tariffs should make sure they advise them of any changes to those fees and tariffs”.
As always, our thanks go to ITIC for bringing this
situation to our attention.
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