Asked by the Customer on 23-10-2014 15:19:10
Question posted in the General Law category relating to Eastern Cape
Question posted in the General Law category relating to Eastern Cape
POSTAL INTERNATIONAL SERVICE - We have a container sitting in BOND due to the orginal documentation sent from Hong Kong via SPEED SERVICES. We have a tracking number, but cannot get help from anyone from the POSTAL SERVICE - We have tried all our resources. We are paying a in BOND FEE DAILY due SAFMARINE, NOT ACCEPTING A Copy of the Documentation. Is there anyone that can assist us with this delma. We are a small family owned company trying to make a living, we have paid upfront for the goods, but cannot gain access to our goods, dUE to THE strike of the POSTAL SERVICES. We have sent a courier service to collectbut they will not allow the couriers to come in....
Further information relating to Question:
PLEASE JUST GIVE US ADVICE - WHAT SHOULD WE DO.....
Message from the Attorney
Posted by Att. Patrick on 24-10-2014 09:07:19
Hi there,
Legally, as I'm sure that you know, it is the holder of the original transport documentation (bill of lading, commercial invoice, etc) that is the owner of the shipped goods. It is for this reason that shipping companies will not release the goods to anyone unless the original transport documentation can be provided. They won't accept copies of the documents as they need to protect themselves.
Unfortunately therefore, you will need to obtain these original transport documents in order to secure the release of your container.
Your real issue is getting the documents from Speed Services Couriers - which is the courier company that is owned by the Post Office. As the Post Office is on strike, so is their courier company, or at least the strike will affect the courier company.
You could try to lodge a claim for the additional costs with the Post Office, but I don't know if they would consider settling with you. You may therefore need to sue the Post Office for the fact that they are striking, but their defence will most probably be that it is out of their hands - i.e. it was not their fault.
I accordingly really don't think that there is anything that you can do except to wait until the documents arrive.
Is there not any insurance that you've taken out on the shipment that would cover you for delays?
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Legally, as I'm sure that you know, it is the holder of the original transport documentation (bill of lading, commercial invoice, etc) that is the owner of the shipped goods. It is for this reason that shipping companies will not release the goods to anyone unless the original transport documentation can be provided. They won't accept copies of the documents as they need to protect themselves.
Unfortunately therefore, you will need to obtain these original transport documents in order to secure the release of your container.
Your real issue is getting the documents from Speed Services Couriers - which is the courier company that is owned by the Post Office. As the Post Office is on strike, so is their courier company, or at least the strike will affect the courier company.
You could try to lodge a claim for the additional costs with the Post Office, but I don't know if they would consider settling with you. You may therefore need to sue the Post Office for the fact that they are striking, but their defence will most probably be that it is out of their hands - i.e. it was not their fault.
I accordingly really don't think that there is anything that you can do except to wait until the documents arrive.
Is there not any insurance that you've taken out on the shipment that would cover you for delays?
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
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