From: Secretary General - Sffla
RE: Letter of Undertaking from SFFLA members
The impact of the past couple of years is rather obvious by now! It is sure cash whenever things are permitted to seek their levels of ' implosion'. Now the Association is being asked to guarantee payments. I thought in the real world of 'normal' business, risks have been an accepted factor in all dealings. If we are to give such undertaking , who would give our members get their undertaking?
It would appear that the concept of Malaysia Boleh has actually got into all of us!
When we talk of dispute between two parties, it is obvious that the parties could not come to term over whatever differences they have. To resolve the dispute, both parties would then present their facts or documents to substantiate their claims.
Here we are facing with a new approach to business relationship, one party on its own wants immediate payment of his claim notwithstanding if such claim has any substance! I believe we have seen too much of such claims to say the least.
In fact , I have just helped one of our members rejected a list of claims which were totally 'bullshitting' because the damages on the containers were because of wear and tear; with rust at every corner. And the box owner was asking the consignee to pay for the repairs caused by rust!
I believe to ensure the smooth flow of the logistics industry in Port Klang, rules and regulations must be set and the Klang Port Authority must set minimum required standards on the quality of containers before they are permitted to enter Port Klang to carry goods for both import and export purposes.
Otherwise, we gonna have all kinds of 'dealers' in town putting up all kinds of claims which they would demand for immediate actions.
Wee, Hon Secretary General
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10 comments:
Many of the Containers are more than 10 years old – like Mr.Wee said older than his Grandmother
These containers are mainly caused by WEAR & TEAR
SFFLA – Do not guarantee payment for Members
SFFLA can assist shipping agent to collect whatever is due fairly – with proper proved – [ Detention/Demurrage & Damage]
TWK
Just to add what TWK mentioned.
Recently I encountered damaged laden container badly dented and informed shipping agent (CMA-CGA) immediately upon confirmation by my haulier at Westport Gate.
Shipping agent checked with Westport System and informed that photos taken, container was in good condition.
To avoid future dispute, I insisted that shipping agent send one of their personnel to witness the damage. After seeing & verifying the condition of the laden container, they were quite shocked and requested for joint survey to be done at consignee's premises (on the next day).
What happened if the haulage company overlooked and hauled the laden to consignee's premises? As usually, forwarder become victim of this circumstances.
How to rectify this unforeseen problem which beyond forwarder control? Would it be fair for consignee/forwarder to be responsible for these damages? To make matter worse, next shipment you will be forced to place a "deposit" to secure their claim.
Wee
Forwarding agents and forwarders shud not be the victim for the damaged issue.
It is rightfully between the shipper / c'nee and liner .
The main factor for dispute always happen due to the port terminal ; haulier ; shipper ; c'nee not carrying out their duty to confirm the status of container condition.
All parties shud have checked the container condition and indicate it in the EIR before leaving the terminal.Driver ; shipper ; c'nee shud be trained or learned how to check container condition and ensure all damaged on the container been properly stated in the EIR before acceptance ; take delivery of any container.
If they carry out their duty and responsibility on this matter, all the claims matter arising for container damaged will be minimum.
Note : the checking shud include the survey of cross member of the container ( bottom of container ) as there is many cases where liner
is claiming c'nee for damaged to cross member .
As for container damaged inside the container, consignee shud be educated to take picture of floor board and internal panel condition
when goods are still inside the container . Not after all the goods had already been unstuffed off from container .
It may take them few minutes extra work, but, will save them $$$$ .
Consolidator is taking photo of container before stuffing , during stuffting or during unstuffing and before unstuffing to avoid the dispute with their agent at POL or POD for cargo damaged.
I think it is time for Malaysian exporter and importer to learn something and do some extra work .
Sffla should raise this matter to port terminal ; haulier association ; FMM and all related parties
It is important for shipper/ c'nee to check on the EIR copy from haulier and confirm container condition before they sign the reciept/Delivery Order.Shud there be damaged to container, they shud tell inform the driver and put remarks on the form and have driver sign on it as confirmation.
Then, take photo .So, shud there be any claims from liner, c'nee or fwdg agent or forwarder can bring it up to the haulier and haulier shud be responsible for it .
In short, if everyone involve in this supply chain or logitics busines do their part and take responsibility to check on container conditions, it is actually a very simple process to confirm who cause the damaged .
Thks / SK
I believe that the current procedures are there but they are not followed because the players felt that any action on their part could cost them time and money; so they prefer to take their 'chances' [ ever wonder why we have so many lottery operators both legal and the so-called illegal ones ?]. We can moan over this to eternity if we do not act to formalize the procedures. At the moment, if you just look at the end results of all these issues; who is holding the baby? Of course, we, the forwarders!
To counter the situation, I hope all members take some time to record and post whatever problems they face to the Association so that we can compile sufficient records of misdeeds to present our case to the Klang Port Authority to rectify them.
Wee
Support your view, mr. sec-gen,
hope you can use your expertise to influence the new (LPK) general manager to uphold the good image of port klang
Ben
Guys, the carriers are getting bolder and learning from the Ah Longs to collect money on every opportunity using the threat of no releasing d/o etc ...
Every stakeholders in the chain is affected, more so some of our dedicated Sffla members who really understand and serve our clients, and regretably caught in-between.
I think it is time that non carrier 'collaborate' to counter strike and show the carriers that we can do something e.g. carrier save a lot of money when empty container are re-delivered to their depot of choice, this is where we (together with hauliers) together with hauliers can tell the carrier that shipment move CY/CY means collect laden fm CY and deliver back to the 'SAME' CY, any deviation to other depots, there will be a 'diversion' charge. I can tell you if we can pull this thru, carriers will come crawling to discuss amicably ...carriers saved millions by using forwarding agents/hauliers to perform diversion of empty for free ....
Guys there are more areas to look at leh .....if we really want to give them a fight, since talking talking cannot get their attention
Paul
Paul,
Very good suggestion, hope we as the industry provider can do this together.....
Henry
Well, members I believe now that we realize what they are up to! Unless we play our cards right, we will be forever ‘holding the baby!!’ [ one normally does not mind, if one is ACTUALLY responsible!]. I believe as things are developing this is only the BEGINNING, if we aren’t careful, with all the changes that are coming around, we may find our services ‘ ½ redundant’! Actually I hope some of our members bring forth the issue pertaining to the championing of wide-open policy by our friendly competing association in the air! When they are confronted with REALITY and find their services ½ redundant then they can express themselves better!
Wee
SK., we all believe in the logical aspects of the supply chain that each party should be accountable for ‘his portion’ of the event under his ‘care’. But in practice, only the F/As are accountable. They are the ‘easiest’ to catch of all the players in the market! Reason because, they are hassled with all kinds of undertaking to get the next DO.
So the simple issue is: DO WE WANT TO LIVE WITH THIS EVERY OTHER DAY? If we do, then we leave things as they are. How many of our members can, without a blink of their eyes just tell the lines please don’t waste my time, refer to the consignees?
If the current scenario can take care of itself, I believe we would not be involved in this dispute. Wee
Wee ...
Fully agreed with you comments.
So.... ! what is next action ?
Get all FA member to act smart and educate customer ( shipper / c'nee ), our target -- FA shud remain their role as the agent and
adviser for importer / exporter and not the be the victim for dispute between liner and importer/exporter
sk
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