Felixstowe Train Derailment - Dm Charge Received

[ARN1981]

Good Afternoon,

I had a container arrive mid June paid CIF from China to Felixstowe. The UK/inland shipping was then handled by the agent nominated by the sender of the goods. I paid the vat and all UK charges to them and had the container delivered as per usual.

I have just received an invoice from the agent for 5 days demurrage at £70 per day as the empty container had a 6 day delay getting back to the port due to a train derailment at Felixstowe (we offloaded inside 7 day free period).

Could anyone advise if it is standard that this charge is passed onto me? I have only ever been charged demurrage previously when I have been at fault. I have had delays which were not my fault on previous shipments and not been charged dm.

Any help or advice is much appreciated,

Kind Regards

AN

 

[MOIC]

The devil is in the detail.

What were the (small print) terms and conditions?

It seems unfair that the delay happened after you received the delivery, but you may be surprised how shipping lines, as well as their agents cover themselves in any eventuality.

Check the terms you ‘agreed’ to, which the majority of people shipping by container do not bother to read.

I’m sure a Uk Forwarder will be along soon to provide more details with regards to your responsibilities when importing by a container.

 

[ARN1981]

Good morning, thank you for your reply.

The forwarder was in France - I have never had this before, they have always been UK. I did not get any terms and conditions from them, just a performance guarantee which looking back through emails I did not sign and return to them.

Their rates were high, I asked about changing to a UK forwarder that I have used before and they replied with:

It's best if we do it all for you, which ensures that there are no demurrage charges.

They have chased again today for the money, I have sent this email back to them, I'll see what they say to that,

Thanks again.

 

[MOIC]

If you didn't personally arrange the shipment through them and you don't pay, what can they do?

Call their bluff and ignore their payment requests.

If push comes to shove, tell them to contact your supplier who arranged the shipment.

 

[Paul Kelly ICHYB]

The forwarder was in France

Why not appoint your own FF? Tell the shipper/supplier who they are and all gets managed....

Have they clarified under what terms they are charging you under?

t's best if we do it all for you, which ensures that there are no demurrage charges.

Well, they would say that, wouldn't they?

 

[ARN1981]

Why not appoint your own FF? Tell the shipper/supplier who they are and all gets managed....

Have they clarified under what terms they are charging you under?

I have my own FF going forward for all future containers, the issues with this one have made me change the way that I organise shipping.

Sorry I'm not sure what you mean by what terms they are charging under? I have only bought in a few containers so far, this is relatively new thanks

 

[Paul Kelly ICHYB]

Where in their T&C's does it mention this potential cost?

Who arranged to return the container?

 

[ARN1981]

I never had T&C, all I had from them is a 'performance guarantee' single page document to sign which I never actually signed. It states in this document:

In case of demurrage/detention/storage charges, ***FF*** will issue an invoice
to us, and payment will be made within five working days after we receive the invoice. In case of
delayed payment, we will have to pay a late fee of 8% of the total cost to ***FF***.

The forwarder arranged all transport including return of the container

 

[Paul Kelly ICHYB]

The forwarder arranged all transport including return of the container

So they are responsible for the delay - tell them!

 

[Import Expert]

Whoever delivered the container, whether it be the shipping line or a merchant haulier, is responsible for getting the empty container back in time. Yes the derailment was an unusual circumstance but they could have returned it via road rather than rail, or asked for another restitution point.

 

[ARN1981]

Replies greatly appreciated thank you