My Car Is Stuck

[Gladys]

It’s true that the freight carriers could claim force majeure and could seek compensation from their insurers but a force majeure excuse, for that is what it is, by the SP is a VERY weak argument indeed. As for the Athens convention, that applies to passengers and their luggage, not to freight.

 

I'm not sure that it is necessary for the consignors of freight to claim force majeure and seek compensation from their insurers, they just have to demonstrate that they have suffered a loss by an insured peril and, in principle, the policy should pay.

 

I don't know why you are getting so hung up on force majeure; I'm not sure that a breakdown of this type is necessarily force majeure, which from memory, is an overwhelming, intervening factor beyond the control of either party and which prevents one party from performing under the contract. As I pointed out, the exclusion clause quoted doesn't just deal with force majeure, but lists other instances where the Steammie will limit its liability.

 

Normal commercial practice and nothing for the Steammie to be ashamed of. Also, as has been pointed out above, they have handled the problem excellently in customer relations terms.

[Rog]

I don't know why you are getting so hung up on force majeure; I'm not sure that a breakdown of this type is necessarily force majeure, which from memory, is an overwhelming, intervening factor beyond the control of either party and which prevents one party from performing under the contract. As I pointed out, the exclusion clause quoted doesn't just deal with force majeure, but lists other instances where the Steammie will limit its liability.

 

Normal commercial practice and nothing for the Steammie to be ashamed of. Also, as has been pointed out above, they have handled the problem excellently in customer relations terms.

 

Because some years ago when I was program manager for the installation of a microwave network in Nigeria we were hit by a delay caused by the ship that had been chartered to bring out a pair of big diesel generator sets, some other heavy plant, towers, housings, etc. breaking, down and so causing a 15 week delay to the contract completion date.

 

This hit our contract completion dates and so we were faced with penalty clauses that made the contract an overall loss maker.

 

In the event we, that is the firm that employed me, tried to claim the force majeure clause in the contract --- and failed. I remember it well. Everybody who was ‘on bonus’ from that job, even though the delay was not their fault in any way, lost the lot and with a multi-million dollar contract my own bonus of only iro 1% was a very significant sum to loose

 

It’s the sort of thing that one remembers for ever!

 

As for handling the problem - did they provide hire cars whilst the cars were stuck on board? Did they interview everybody concerned to ensure that they had not beed disadvantaged in any material way? Did they have the oportunity to take the ship to another port and crane off the freight? If so, did they do so? Did they offer to let the freight owners 'handball' the freight if they wished? That's just some of what I would call good customer service.

[John Quaye]

.

[Rog]

It's good to read that they HAVE done a good job. All credit where it's due.

[Gladys]

 

I don't know why you are getting so hung up on force majeure; I'm not sure that a breakdown of this type is necessarily force majeure, which from memory, is an overwhelming, intervening factor beyond the control of either party and which prevents one party from performing under the contract. As I pointed out, the exclusion clause quoted doesn't just deal with force majeure, but lists other instances where the Steammie will limit its liability.

 

Normal commercial practice and nothing for the Steammie to be ashamed of. Also, as has been pointed out above, they have handled the problem excellently in customer relations terms.

 

Because some years ago when I was program manager for the installation of a microwave network in Nigeria we were hit by a delay caused by the ship that had been chartered to bring out a pair of big diesel generator sets, some other heavy plant, towers, housings, etc. breaking, down and so causing a 15 week delay to the contract completion date.

 

This hit our contract completion dates and so we were faced with penalty clauses that made the contract an overall loss maker.

 

In the event we, that is the firm that employed me, tried to claim the force majeure clause in the contract --- and failed. I remember it well. Everybody who was ‘on bonus’ from that job, even though the delay was not their fault in any way, lost the lot and with a multi-million dollar contract my own bonus of only iro 1% was a very significant sum to loose

 

It’s the sort of thing that one remembers for ever!

 

As for handling the problem - did they provide hire cars whilst the cars were stuck on board? Did they interview everybody concerned to ensure that they had not beed disadvantaged in any material way? Did they have the oportunity to take the ship to another port and crane off the freight? If so, did they do so? Did they offer to let the freight owners 'handball' the freight if they wished? That's just some of what I would call good customer service.

You have first hand knowledge, then, on just how tricky it is to establish that force majeure prevents you from perfoming your part of the contract and how unlikely it would be for the Steammie to rely on it in this instance!