Claims and sanctions
A
contract defines rights and obligations of the parties involved. In
case of breach of the contract the sufferer makes a claim on the
party, which fails to meet its contract obligations. It is more often
the case that it is the Buyers who make a claim on the Sellers.
Most
often the Buyers make quality and quantity claims on the Sellers. The
cause for complaint may
be poor quality, breakage,
damage, short weight, leakage, etc…
What is the claim procedure?
The
Buyers must write a statement of claim and mail it to the Sellers
together with the supporting documents. The Bill of Lading, the
Airway or Railway Bill, the Survey Report, the Quality Certificate
can serve as documentary evidence. If necessary, drawings, photos,
samples are enclosed as proofs and claims.
The date of a complaint is
the date on which it is mailed. Claims can be lodged during a certain
period of time, which is usually fixed in the contract.
The Sellers decline liability
if the B/L is “clean”, that is the shipping company hasn’t made
any remarks about the quantity or condition of the cargo shipped.
The Sellers have also a full
right to decline a claim if the goods were disorderly stored,
mishandled or misused by the Buyers.
If a claim has a legitimate
ground behind it the parties try to settle it amicably.
