The National Compliance Joint Taskforce of Licensed Clearing Agents in Nigeria, NCJTFCLA has warned the shipping line agencies in Nigeria who are just agents to vessels to end the criminal extortion of importers and their agents of their hard earned resources.
The National President of the group, High Chief Dr. Basil Nwolisa who gave this warning in a statement in Lagos on Monday, wondered how shipping companies could be collecting demurrage on consignments domiciled in the terminals and the terminal operators’ warehouses.
Nwolisa who described this as the worst form of extortion in the history of cargo business in the world insisted that the shipping lines were not entitled to such charges like container deposits, demurrage or other charges.
“You cannot be collecting revenue on consignments that are not in your custody. This is an aberration and it must stop . It’s sad that the Nigeria Ports Authority and other government regulatory bodies are looking the other way while this extortion goes on recklessly.
“In general, shipping companies are not entitled to collect demurrage charges on the same consignment in the terminals and warehouses of terminal operators at the same time”, he submitted.
Giving reason for his position, the NCJTFCLA National President observed that collecting demurrage charges from both the shipping company and the terminal operator for the same consignment would constitute double charging, which according to him, was unfair to the consignee.
He further submitted that the contractual agreement between the shipping company and the consignee typically outlined the responsibilities and liabilities for demurrage charges, saying, “If the shipping company has already transferred the container to the terminal operator’s custody, they may not be entitled to collect demurrage charges.”
Again, he argued that terminal operators usually have their own tariff and the contractual agreements with consignees, which outlined their liability for demurrage charges adding that if the terminal operator was already charging demurrage, the shipping company may not have a legitimate claim.
He however, pointed out some exceptional circumstances such as “If the contractual agreement between the shipping company and the consignee explicitly states that the shipping company is entitled to collect demurrage charges, even if the container is in the terminal operator’s custody.
“If the terminal operator fails to provide adequate storage facilities or services, leading to additional costs or delays, the shipping company might be entitled to claim demurrage charges.”
Concluding, he said, “Shipping companies are generally not entitled to collect demurrage charges on the same consignment in the terminals and warehouses of terminal operators at the same time, as this would constitute double charging.
“However, exceptional circumstances, such as specific contractual provisions or terminal operator’s failure, might justify such claims.”
Photo: High Chief Dr. Basil Nwolisa, National President, National Compliance Joint Taskforce of Licensed Clearing Agents in Nigeria.
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