Rex C. Tester

Fresh Produce Shipping

Damages and Compensation

• Broschiertes Buch

Produktbeschreibung

This book is an in-depth study of air and ocean goods-in-transit claims. It sets out to guide and assist businesses within the fresh produce industry to successfully implement the best processes and procedures to maximise their recovery efforts against contracted carriers.

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Produktdetails

• Verlag: Informa Law from Routledge
• Seitenzahl: 166
• Erscheinungstermin: 29. Januar 2024
• Englisch
• Abmessung: 246mm x 174mm x 9mm
• Gewicht: 308g
• ISBN-13: 9781032112862
• ISBN-10: 1032112867
• Artikelnr.: 69925404

Autorenporträt

Rex C. Tester spent two years with Pan Am as an aircraft loader from 1969 and transferred to the Cargo Division in 1971. For the next three years he worked in Cargo Operations and became a certified loadmaster. In 1974, he was entrusted with Pan Am's European cargo claims. In 1983, he became independent, and has worked on all aspects of ocean and air cargo claims, including surveying and investigations at all levels.

Inhaltsangabe

Dedication
Acknowledgements
Foreword
Table of Cases
Definitions
Introduction
Chapter 1 - An Overview of the Claims Process
The Loss
Air
Ocean
The Strategy to be adopted
Chapter 2 - An Overview of the Legal Framework for Air Cargo and Ocean Cargo Liability
Air
Ocean
Hamburg Rules
Chapter 3 - Detailed Actions after Discovery of the Loss
The Question of Abandonment
Delivery Signatures on Collection and Receipt
Air Cargo
Ocean Cargo
Claim Notification & Invitation to Carrier to attend Survey
Air
Salvage and Mitigation
Survey & Investigation
Joint and Separate Surveys
Air
Ocean
Common Causes
Air
Temperature Abuse
Delay
Ocean
Temperature Abuse
Suffocation and CO2 Injury
Delay
Evidencing the container loading
Pre-Shipment Condition and Temperature
Shelf-life tests
The Relevance of Pre-Shipment Evidence
Trip Thermographs
Air
Ocean
Analysis of Transit History
Determination of Cause
Air
Ocean
Chapter 4 - Documentation Gathering
Booking Request and Carrier confirmation (Ocean only)
Supplier Invoice
Packing List or Load List
Health Documents
Certificate of Origin, Movement Certificate EUR.1
Air Waybill
Air Cargo Consolidations and House Air Waybills
Ocean Bills of Lading and Sea Waybills
House Bills of Lading
Airline Release Note, Removal Authority, or Airline Delivery Order
Goods Inwards Records
1st Inspections/Quality Control Records and Photographs
The Surveyor's Report
Chapter 5 - The Legal Rules determining for What you can Claim
The Central Principle of Restitutio in Integrum
Attempts to derogate from this principle
Damages in Contract and Damages in Tort
Interest on Damages
Duty to Mitigate
Date for Assessment
Chapter 6 - Calculation of Constituent Claim Values
ASMV- Arrived-Sound Market Value
Proof of Arrived-Sound Market Value
The 'Supermarket Market'
The 'Wholesale Market'
Sales Price Lists
ADMV - Arrived-Damaged Market Value
Cost-based quantum
Directly-Related Expenses
Survey Fee
Sorting/Repacking
Dumping Costs and Certification
Other Possible Costs
Chapter 7 - Claim Submission
Covering Letter
Presentation Standards & Well-ordered Attachments
Submission of Claims by email
Other methods of claim submission - Air Cargo Claims
If by Post, obtain Recorded Delivery and why
Ask yourself?
Chapter 8 - Time Limits and Time Bar Protection
Time Limits
Air Cargo
Ocean Cargo
Time Bars
Air
Ocean Cargo
Chapter 9 - The Struggle For Settlement
Unreasonably-Delayed Responses & Refusal to Deal
The Burden and Onus of Proof
Delay not involving Physical Damage
Air Cargo
The Central Principle of a Carrier's Liability under Applicable Law
Aspects of entitlement to claim and sue
Cessions of Rights
In relation to House Air Waybills
Objections to Quantum
The 'Market'
Survey Fees
All other expenses
Defences - and Countering them
Contributory Negligence
Pre-Shipment Causes
Harvest Records
Pack House Protocols
'Hot Stuffing' - Ocean
'Hot Delivery' - Air
Mixed Maturity
Rots, and Diseases
Thermographs
Reefer container Inspection
Vent Closure and Suffocation/CO2 injury
Failures during Transit
Inadequate packing
Inadequate stowage in an Ocean container
Post Shipment Objections
Attempts to reject claims on dis-entitlement
Air Cargo
The Grounds for a Claim
Force Majeure issues
Successive Carriage
US-Based Airlines and the '3-day rule'
Limitation of Liability
Enforcement of these Rules
Ocean Cargo
Attempts to reject claims on dis-entitlement
The Grounds for the Claim
Shipper's Responsibility for container Settings
Inadequate Stowage
Carrier's Datalogger - if it can be obtained
Malfunctioning containers and 'Due Diligence'
Measure of Damages
Limitation of Liability
Unreasonable Attitudes and Commercial 'Strong-Arm' Tactics
Field-Heat Argument
Improper Use of Authorities
'Strong-Arm Tactics'
Refusal to Produce Evidence
Being 'Taken to the Wire'
Further Carrier Tactics after Issue of Proceedings
Dismissal of Evidence
Excessive Demands for Evidence
Mixed Maturity
Carrier's Claims, Operational, and Marketing Personnel at Odds?
Chapter 10 - Reaching for Settlements
Without prejudice negotiations
Dispute Resolution
Ocean Carriers' P&I Clubs
Jurisdiction
Air
Ocean
Solicitors and Litigation
Choice of Lawyers
Broad Outline of events during Litigation with Costs implications
Pre -Legal Action
Legal Action
Part 36 offers
Preparation for Trial
Trial
Costs Awards
Withdrawing at Any Stage
Annexes
Examples of claim notices
Air Claim Notice
Ocean Claim Notice
Non-Survey Claim Notice
Claim Submission covering letter or message
Air Claim
Ocean Claim
Excel Spreadsheet to show quantum
Cession of Rights wording
Air
Ocean
Schedules
Air
Montreal Convention
Warsaw/Hague
Warsaw [unamended]
IATA 600b Air Waybill
Conditions
Ocean
Hague
Hague/Visby
Hamburg