AboutDavide Andrew Papa Expertise All matters pertaining to assisting Private import export INTERMEDIARIES, AGENTS and BROKERS Regarding International trade Laws and procedures,Letters of credits, as per UCP 600,Presentation, Commissions,International Rules of agency, and Incoterms 2000. All matters pertaining to shipping documents relating to the Import and export of products from one country to another.All matter for buyers and sellers of commodity products relating to the import and export industry.FTN with the introduction of UCP 600 will release the publication "The world is yours"(2004) made specifically for Intermediaries.Current inhouse tra ining manual is "Follow the Yellow Brick Road"(2008) Our advice website is www.ftnexporting.com
Experience FTN exporting founder Davide Papa has been trading for over 20 years- and has dealt with a huge variety of corporate entities including Gold and crude oil suppliers. FTN appeared in a major controversial Newspaper editorial in 1994. FTN Exporting official publication "International Trade and the Successful Intermediary"(ITSI) is about to be released world wide (December 2009) by the prestigious U.K publishing firm Gower's (U.K) and is listed on Amazon.com (Keyword: International Trade Intermediary) ITSI is ostensibly the first uniform intermediary trading doctrine of its kind, and will become the standard intermediary practice world wide in years to come. FTN exporting has created the said doctrine and supporting rules of trade defined as "URPIB" (Uniform Rules and Practice for Intermediaries and Brokers), which will (has?) become the most successful set of private intermediary rules ever created.
Publications The World is Yours and "Follow the Yellow Brick Road" www.ftnexporting.com . Author of "International Trade and the Successful Intermediary " (ITSI) 2009 excepts on http://www.gowerpub.com/default.aspx?page=637&calcTitle=1&title_id=11177&edition_id=12138
Education/Credentials Let school early. Became a master chef . Took up business management and later studied "international Trade at Stott's college Melbourne, Australia.
Question if the first consignment arrives at the port of Hong kong(buyer)if the goods where damaged or ship’s refrigeration failed where should buyer stand legally.Buyer is from Queesland Australia.
Answer
Dear Nisha
Your question is too far broad-I can only give insight-
You did not explain yourself fully - ((I.e: are we talking FOB, CIF, FCA,CIP delivery - Are we talking shipowners vessel or charter party ?- You have buyer in Queensland and Buyer in hank Kong- What are you saying?))
As for matter of marine Insurance - I will not go there-Since you've asked the question then I assume buyer did not take out insurance specific to goods value-because if he did you would not be asking this question-
The END Buyer has legal remedy based on contract stipulation- In most cases but not all - Normal internal state consumer laws in country of import can be used to seek remedy- If the supplier or shipowners fails to act in matters of compensation- So the immediate answer is- "As it applies to Consumer laws as it pertains in the country of unloading"
A "Buyer" it has been found in past court ruling- does not "Pay" for "Defective goods" A buyer pays for and expects goods in good order and state as per contract regardless of any omissions implied-
You need to FIRST ascertain with whom the fault lays and make approaches to such for remedy(compensation) -usually with 90 days of delivery- If i.e; as stated the freezer FCL failed - then that's an issued of the shipowner or charter-It has nothing to do with the supplier- The supplier obligation as to quality and fit for purpose ends at port of loading when the goods pass the ships rails-etc..etc..
An intermediary can't be held responsible- because he does not have possession of goods only Title-
The Shipowner or charters has possession of good and Lien over such goods- The supplier does no longer own the goods once such passes over the ships rail in port of loading-
You must first ascertain who hold responsibility -then approach such in the first instance -Failure to remedy means you should report the defective goods via appropriate consumer protection entities in your country-A exporter does not take too kindly in having his good reported as being "bad" - A shipowner does not like bad publicity as to its service- But in the case of a shipowner, it gets a whole lot more complicated if the shipowners disputes that such defects were cause by them- thus such defects must be recorded via Photo, and declaration of eye witnesses account taken at point of unloading-when goods are taken in possession of the end buyer-
First ascertain who is as fault- is the first issue-The sellers invoice MUST clearly mention each unit-(Full description) "One fCL of frozen chicken" means nothing to a Shipowner- as a matter of Fact the Shipowner has no knowledge what is in a FCL- Thus will not acknowledge as such- In FCL a "received" bill of Laden as part of the CT documentation is often provided- In a NON FCL shipment a 'Clean" BOL" is expected to be endorsed as such- If the goods are loaded the ship's mate would have not applied the clean status on the BOL if goods are defective- Such then makes it easier to prove that the supplier is at fault- Also a bank will not allow collection on a DLC to apply for a "Claused" BOL-
In all cases the BOL of lading carries on its reverse the carriers terms and condition- there you will specifically find matters of Liability in case of damage or loss-
IN a FCL all that changes- if "Negligence"' is applied -as causing loss that's one issue- unforeseen circumstances is another-etc..etc..
Your sellers invoice has to be stipulated fully to prove loss Value-
Like I said it's a big question- I can only provide some insight on then path you need to take-
