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Gambling

From the Brig

with goods?

Handling customers’ own goods – is it worth the risk?
R
By ISSA’s legal expert Bruce Hailey

eaders will know only too well condition of goods received? Do you comfortable holding goods in your

that it is an increasing trend for even wish to accept such responsibility? warehouse and transporting them

the traditional “ship supplier” to You might not have the expertise to do through the port and onto a vessel when
engage in the role of “freight that properly, and may expose yourself the contents are unchecked?

forwarder”, handling owner’s own You must also give consideration to to liabilities if you get it wrong.
goods for eventual delivery to a vessel, Where packages cannot or should your legal liabilities, bearing in mind the

often following a period of storage.
not be opened then you need to consider commitment that you may be making to
This is an extension of the ship whether this has any implications for deliver what could be crucial, time

suppliers’ traditional activity, albeit one your own warehouse security, or your sensitive and expensive spares.
that they are very well placed to operations within the port. Your access Consider the possibility that the goods

undertake and in the bargain offering to the port may be dependent upon are stolen from your warehouse, or
their customers cost savings and warranties to the port authority that you damaged in a fire or due to a handling

increased efficiency over a standard know the contents of the goods you are accident. Your failure to deliver as

freightforwarder. Ashipsupplier’s delivering.Canthisbesaidabout requiredmightdelaythesailingofthe
access to the port and the vessels means customers’ own goods that have not vessel for days, weeks or months while a

that deliveries can be undertaken been opened? Keep in mind that replacement is located.
without delay, out of hours and often in compliance with the ISPS Code as Several issues arise from this. The

conjunction with other supplies.
implemented in your own territory
first is that your customer must source
may be compromised by
It therefore makes perfect sense for and pay for a replacement, and will

this lack of knowledge.
ISSA members to engage in such activity, surely look to the supplier who has
for the benefit of all. It is, however, You should consider lost or damaged the original to pay

important that there is an understanding whether you are
compensation. Second, if the part
of the different risks that arise from such is one that prevents the vessel

logistics activities, and that as far as sailing then the supplier may face

possible steps are taken to protect a claim for loss of vessel
against those risks.
hire and

It is first of all important to ensure
that there is a clear understanding of

what is to be done, and when. What is
the anticipated period of storage, and

what is volume of goods? Do the goods
require any special handling or storage?

When is delivery to be made, and
where? What charges are agreed,

and how will additional

charges be calculated for
unforeseen activity or

prolonged storage?
Is there any

responsibility or
requirement to check

the contents or

2014 Issue 62
The SHIP Supplier 41