Artem Skorobogatov, Head of the Logistics Division
International Law Offices
Contact details:
tel: (048) 715 58 55
fax: (0482) 49 69 25
skorobogatov@interlegal.com.ua
Most of the containers to be shipped on board of m/v CMA CGM Verlaine are currently delivered to the ports of Odessa and Ilyichevsk and delivered to the consignees.
According to available data, many of the consignees of containers from m/v CMA CGM Verlaine faced the damaged or lost cargoes. Such cargoes could be damaged or lost as a result of either:
1) general average declared in connection with the collision of m/v Odessa Star and m/v CMA CGM Verlaine in the course of the measures to salvage the vessel, e.g. the cargoes were heaved overboard or got wet when extinguishing the fire on board or its groundings,
2) ordinary average when the damage or loss occurred for the reasons unrelated to salvage of the vessel, but as the result of a collision or other private issues.
If the reason for loss or damage of the cargoes is not evident, then it will be finally resolved only upon termination of the arbitration proceeding on the general average.
However, we would like to draw the attention of the cargo owners and forwarders of the lost and damaged cargoes, the carrier (the person that issued the Bill of Lading) anyway is to be sent the notice on loss or damage of the cargoes in a form fixed by the carrier or in a standard form used in shipping practice.
Such notice is to contain the data on nature and damages of the cargo (it is required to attach the report of a certified surveyor) as well as calculation of losses due to the damage/loss based on the commercial invoice.
Presentation of such notice as a rule is stipulated by the majority of the Liner Bills of Lading and is equaled to presentation of the official claim.
“International Law Offices” is ready to provide prompt legal and consulting assistance to the Ukrainian cargo owners, carriers and forwarders related to drawing up and filing the notices on damaged/lost cargoes.
The delivery schedule in Ukraine for the containers discharged after the collision of m/v
«CMA CGM VERLAINE» (IMO# 9221815) with m/v
«ODESSA STAR» (IMO#9223746) that occurred on 4 April at 09.30 a.m. local time (Izmit, Turkey) is as follows:
m/v “CMA-CGM ALABAMA”: lIyichevsk 28/04 (arrived); ODS 30/04 (arrived).
m/v “MAERSK KINLOSS”: Ilyichevsk 16/05 (is on the waiting list); Odessa 19/05 (is on the waiting list).
MORE INFORMATION
Please, take into account that storage of the containers in the port for the period more than the term fixed by the carrier shall cause additional expenses of the consignee (storage and demurrage). In connection with that owners of the cargoes should not delay execution of the documents requested by the adjusters and settlement of the issues on financial provision.
The deposit on general average is fixed by the adjuster in the amount of 12% of the cargo value on CFR terms.
Moreover, participants of the Ukrainian carriage and cargo owners are recommended to be very careful in acceptance of the cargoes in the port to avoid any mutual claims on the carriage completion.
International Law Offices is eager to provide prompt legal and consulting assistance to the Ukrainian cargo owners, carriers and forwarders on any issues related to the said accident.
