The Risks of Shipping Cargo Overseas

A reader recently got in touch with a problem related to the above, looking for some help. They, as a manufacturer of goods had received an order from an overseas company and shipped a batch of their product to a foreign country, in a container, with a container line. However, the buyer never paid for the goods and didn’t collect them either. The line was then claiming storage charges and they didn’t know what to do as the buyer wasn’t responding. 


Shipping lines will often charge this ‘container demurrage’ if goods are not collected and they must place them in storage. The cost can exceed the value of the goods in the container and you then risk the container being sold at a salvage auction to pay off the costs.

However, if your documents are all drawn up correctly you should not find yourself in the position where you have liability for these charges and no right to actually take possession of the goods. In giving some general advice on the matter to this reader I considered that a review of the processes at hand might be useful. The international transport of goods is risky, especially to new markets or customers, but often these new avenues of sales will open lucrative opportunities so it is all about minimising the risk. This can be done in four ways, as follows:

1. INCOTERMS
Ensure that your sales contract contains appropriate delivery terms. This can be easily achieved by selecting the correct INCOTERM (standard form international commercial terms drawn up by the International Chamber of Commerce) and using that in the Sales Contract. This determines who will do what and when the risk in the goods passes to the buyer.

You will probably want to just deliver the goods onto the ship in port (FOB) or may want to get them all the way to destination port in delivery country (CFR) or even direct to the buyer’s door (DDP). This avoids arguments about whether you have done what you should have done in respect of the transport of the goods.

2. PAYMENT TERMS
You should arrange payment terms that match the risk of default and value of goods involved. Rather than sending goods to a customer in a foreign country on 30 days invoice terms and then chasing someone you barely know for payment in a foreign country, you should use a Letter of Credit or similar system, whereby you can use respective banks to essentially swap the cargo documents (which will allow collection of the goods) for payment or a guarantee of payment.

This avoids the problem, especially in new business relationships, that a seller doesn’t want to release goods without payment and the buyer doesn’t want to give over money without having the goods. A common process is that the manufacturer brings the goods to port and puts them on the ship, the ship checks them and signs off a Bill of Lading confirming x goods received onboard the ship. The shipper gives the Bill of Lading to the bank, who then releases the funds from the buyer’s account and gives the buyer the Bill of Lading. They can then turn up at the discharge port and collect the goods.

3. CARGO CONTRACT
It is important to ship the goods on terms which allow the sales contract to be completed. For instance, if you send the goods off under a Sea Waybill (not negotiable) and the buyer doesn’t pay then you will have a problem, as the ship will only deliver them onto the named received. These Bills cannot be endorsed. Similarly, if someone pays you in advance and you ship on a non-negotiable Bill of Lading to the named buyer, this might cause a problem if they were planning on selling on the cargo (trading it) during transit, and endorsing over the Bills to another party. Making sure this is agreed in Sales Contract should avoid problems.

4. INSURANCE
Finally, as with everything, the best way to alleviate risk is to insure against it. If trading in new markets take out a form of export credit or trade credit insurance (protecting you against the buyer defaulting and leaving you with unwanted costs and losses). If shipping on, say, CFR terms, the buyer will arrange his own cargo insurance but you will arrange the transport and shipping of the goods. What can happen here is that you ship the goods and the buyer contacts you to say they are damaged, so refuses to pay for them or pays less than the contract price. You can’t claim the difference because the buyer has placed the cargo insurance and has the right to claim under that insurance. Of course they should then compensate you but this may not happen. There is a special type of cargo insurance – a Contingency (Seller’s Interest) Policy – you can take out to cover this risk.

A marine insurance broker will be able to advise on which coverage is most appropriate for your needs and whether individual voyage or annual policies would be more cost effective in your circumstances.


Image Credit: Time Caynes

Oil & Gas in the Falklands

 

Everyone will have noticed the increased tensions between the United Kingdom and Argentina recently in relation to the Falkland Islands (Islas Malvinas). First Britain was sending Prince William on a tour of duty there, then they were sending the new Royal Navy ship HMS “Dauntless”, and this week we heard that a whole Westminster committee is soon due to visit the Islands. Argentina has reported the UK to the United Nations for its ‘militarisation’ of the area and has, along with some of its neighbour states, blocked Falklands-flagged vessels from entering its ports.

Much has been made of the fact that this year signifies the 30th anniversary of the Falklands conflict and this has been cited as a possible cause of the ratcheting up of tensions in the region. However, it seems that the more likely cause is the dramatic change in the Islands’ value as an economic asset, after recent discoveries of generous oil deposits in the Isalnd’s waters.

In today’s Sunday Times (19 February 2012, Business Supplement, Page 2) they report new research from a City investment firm which shows that the Islands could generate a huge fortune from new oil finds currently beginning to be exploited / prospected by a number of firms: ‘THE Falkland Islands could eventually reap $ 177 billion (£ 122 billion) in tax and royalties from oil production … ‘ they report.

This figure represents almost $ 58 million income per head of population (currently pop. 3,100), an enormous income for the Islands where at present each resident pays an average of around $ 5,000 a year in taxes to the revenue (which is far exceeded by the cost to the UK of servicing and defending the islands).

Offshore Vessels

In the maritime industry today we often hear reference made to ‘Offshore Vessels’. So let’s look at  exactly what is meant by this, as vessels within this category are arguably more diverse in size, shape and operation than any other. 

     (Image Credit: Carl Tanzler)

A Brief Guide to Tugs and Towing

Tugboats are small but very powerful vessels which were developed to specifically assist other vessels (by pushing or towing them from a to b, moving them around in canals or harbours, fire fighting etc.). 


Today they are more advanced than ever and can perform a multitude of tasks but the basic construction of a simple harbour tug remains broadly as the following diagram. You will notice a towage rope for assisting other vessels and heavy 360o fendering (the tyres)

Laytime & Demurrage: A Back-to-Basics Guide

One of the more mysterious elements of shipping law, at least to the uninitiated, are the issues of laytime and demurrage. I thought, for this reason, that it might be useful to do a ‘bare bones’ guide to the area. As with other areas identified many people use the terminology incorrectly so don’t get confused by people saying apparently contradictory things. 

South of England P&I Club

At the weekend we received news that it appeared the South of England P&I Club had ceased trading. The South of England is / was a commercial (rather than mutual) protection and indemnity (third party liability) insurer and covered a range of interesting bulk carriers and tankers, among other vessels.

The “Rena” Grounding in New Zealand – What Limit Applies?

The “Rena” ran aground on a reef off the North Island in New Zealand on 5 October 2011. It is predicted to be the worst maritime disasters in New Zealand’s history. Questions quickly began as to what the total cost would be and whether the shipowner (MSC is reported to have had the container vessel on a 5 year hire agreement) would be able to limit. I have heard a lot of speculation about what the result will be but in my opinion the vessel will be able to limit its liability to around USD 9.5 Million (considering that no direct fault of owners or charterers is alleged and proven).

There are 4 main conventions which apply to limitations for release of oil. The difference is extremely confusing but hopefully the following provides a brief ‘idiot’s’ guide.

1. The CLC Convention – This would normally be the first port of call for an oil pollution claim. However, it only covers persistant oil – i.e. heavy oil carried as cargo by oil tankers. It will not therefore apply.

2. The 1992 Fund Convention – In the same way as above this would not apply.

3. The Bunker Pollution Convention – This convention was brought in specifically to deal with the effect of large oil spillages from commercial vessels due to them spilling their own fuel (bunkers), rather than a cargo of fuel they were carrying. The New Zealand government has supported its implementation recognising that in the last ten years the worst oil pollution incidents in NZ waters have been bunker spills, however, to my knowledge they have not yet ratified or acceded to the convention. It therefore has no effect.

4. The LLMC 1976 – This is the convention that will probably therefore apply by default, as implemented into NZ law in the Maritime Transport Act 1994 . It is very broad brush and does not even specifically mention oil but the limit for claims which do not involve injuries to people or passengers are as follows:
(a) in the case of a ship of not more than 300 gross tons, 83 333 units of account:

Therefore the limit can be calculated as follows:
a. 167,000 SDR (for the first 500 GT)
b. 29,500 x 167 SDR = 4,926,500 SDR (for 501 to 30,000 GT)
c. 7,209 x 125 SDR = 901,125 SDR (for 30,001 to 37,209 GT – the GT of the “Rena”)
Total = 5,994,625 SDR (or) approx. 9,500,000 US Dollars at today’s rate of exchange.

* A ‘Unit of Account’ means a Special Drawing Right – see this article for an explanation of what this is. 

What is the Difference Between a Port, Quay, Pier and Wharf?

These terms are sometimes used interchangeably, but there are differences between each which it is useful to remember.

Common Bulk Cargoes

When a layperson glances at a modern Bill of Lading from a bulk carrier they often ask what cargo is being carried. This is because in order to avoid claims or delivery disputes, the Bills are very specific about exactly what is being carried, rather than using an understandable description. Here is a short guide, which like all our articles we will expand on over time, to the real-world meanings of common cargoes listed as being carried.

SOME COMMON MODERN CARGOES

FAME – Fatty Acid Methyl Esther – These are basically fatty acids (types of energy-rich acid taken from animal fats, vegetable oils), mixed with a pure alcohol (methanol) so they can be stored in a concentrated liquid form. They can readily be stored and transported and the ship’s tanks can be relatively easily be cleaned after discharge. The exact quality and type is very important as the type of use and value can vary greatly. Some FAME cargoes may be used at destination for creating food products, face creams or tablets; it would be very important that such a cargo was not contaminated. But equally you could have a shipment of FAME which was old grease and oils collected from restaurants, and other sources, being transported for use as biodiesel (natural diesel) – this would be less valuable. FAME is a very common cargo in modern shipping because of its wide array of applications.

Swarf – metal scraps – This is one of those old words which has stuck in industrial use for want of a better replacement. Swarf used to refer to little bits of metal which fell on the floor whilst you were cutting or working with metal. They used to be of concern primarily as a safety hazard, because even a very thin slice of scrap metal lying on a floor or bench can be a real danger but today with the market price of all metals soaring they are better known as bulk shipments where scrap metal of all kinds is mixed together for shipment to scrapyards for melting down. Sometimes a shipment will just literally be a load of mixed scraps of all kinds (shavings, taps, pipes, cable) and sometimes it will be solid compressed blocks of such scrap. Sometimes you will see basic sorting processes having taken place, lke a designation ‘Swarf – 25 MT honey’. This is a reference to scrap of a yellow and gold colour which has been piled together for melting down, as opposed to another lot of scrap madeup of grey metals.

Q: What is a Special Drawing Right?

Anyone looking at conventions involving international maritime law will soon come across the SDR or Special Drawing Right. It is used mainly in the calculation of limitations. An SDR is a creation of the IMF and is essentially like an international currency which cannot be spent.