Looking for some advice...

[Pablo]

I've got a situation I'm looking for some advice on how to handle.

Shipment orgin in US, shipped intermodal to Red Deer AB.

Shipped collect. Consingee refused to take delivery (dispute between the shipper and consingee).

It's now incurring demurge charges. The shipper and the consignee aren't making any decisions, just pointing fingers.

What are my options? From the uniform BOL terms and conditions I can sieze the goods and sell them at public auction. Has anyone done this? Is there a better way?

 

[Maggs]

Not that we have ever encountered a situation as this. But my first thought was to first write a letter to the shipper and consignee advising that if either will take responsibility then you will have authority and legal rights to seize the goods. What I am unclear about is why the shipper who produced the goods and sold to the consignee is not taking responsibility?

 

[Nawk]

I've come across this in the past.

We have a disposition form we have the paying party sign if and fax/email back to us.

I usually go at them saying that it's the only way to get the order closed and off of my screen. The form requires them to date, sign and state the reason (refused, damaged, did not order, wrong product, re-consignment, return etc.). This gives you a bit of a paper trail and at least a name of a responsible person with the paying party when it goes to small claims court and you're trying to collect your freight and additional charges fro this shipment.

Good luck.

 

[theman]

I'd say if the receiver is refusing to take it, then you should advise the shipper that you're going demurrage on the container is accumulating, and that the best thing to do is to take it to a warehouse somewhere to hold on for further instructions. If they still won't take responsibility, tell them you're going to sell their goods on the market and I'm sure that will get their attention.

I think the receiver doesn't care probably because there's something wrong with the product (ie shipper sent the wrong thing). Given what kind of business you're in, and it's Red Deer, I know who the receiver is .. if they don't want the stuff they won't do anything about it.