The Nigerian Shipper’s Council has stepped in to resolved a trade dispute /complaint of two damaged export containers of Black Eye Beans destined for Jebel Ali port, Dubai, United Arab Emirate.
The goods which was shipped from Kaduna Inland Dry port ( KIDP) by USBAB MULTI CHOICE LTD( Exporter) was alleged to have damage due to the delays caused by Inland container Nigeria Limited, ICNL (Forwarding Agent) and MAERSK Nigeria Limited ( Carrier).
In a letter of complaint received via the council’s port Office,Kaduna, the Managing Director of USBAB MULTI CHOICE LTD, Mr Usman Baba Ahmad stated that two export containers of Cowpea Black Eye Beans were damaged.
Ahmad put the value of the beans at $104,111.75 USD, while the total terminal and documentation cost was N1,653,205.88( One million six Hundred and Fifty – Three Naira,Two Hundred and Five Naira,Eighty-Eighty kobo).
The exporter identified delays by ICNL (Terminal Operator/ Forwarding Agent) and MAERSK (Carrier), as being responsible for the damage and requested the NSC intervention for refund of the loss.
USBAB added that “if the cargo was shipped on schedule, having paid all necessary charges to ICNL from the beginning of the transaction, the damage would have been avoided”.
They further gave a breakdown of what transpired from when the cargo was forwarded to ICNL to when it was eventually shipped out of Nigeria. They stated that the exporter commended processing of documents such as NXP, NESS, etc. After the beans had arrived at KIDP.
ICNL also explained that during stuffing, the FPIS officials drew their attention to the ” need to dress the containers with dry papers and bags,but the representative of the Exporter (Ahmed) insisted the stuffing should continue.” They added that the trucks conveying the goods left Kaduna for Lagos, but on arrival, it could not access the port immediately due to MAERSK policy which only allows truck access in to the port on Mondays, Wednesdays and Fridays, which hindered timely gate- in to the terminal “.
They further mentioned how NDLEA ” put on hold” to a great extent, contributed to the delay because neither MAERSK nor NDLEA informed them on time. This according to them accounts for the reason why they missed two vessels that the cargo previously scheduled.
After careful assessment of all the documents submitted during the previous tripartite meetings, the legal advice received from the Council’s Directorate of Legal services as well as review of the role both parties played in the transaction, the Council resolved that Liability sharing formula should be 70% for Kaduna Inland Dry Port ( ICNL ) being the appointed terminal operator and forwarder with the responsibility to ensure that the cargo is transported and delivered in safe and good condition.
While 30% is for the Exporter (USBAB MULTI CHOICE LTD) for failure to heed experts advice on how to properly preserve the beans and prevent it from damage.
The parties were however grateful for the council intervention, but ICNL requested the Council to review the liability sharing formula.
