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Disposal of Goods - for failure to take delivery

BIFA (2005) Section 10(B)
The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):- (i) after at least 28 days notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 90 days and which cannot be delivered as instructed; . . .

CIFFA Section 11
If events or circumstances, including a Customer's failure to take delivery, occur that affect performance of the Customer's mandate, the Company shall take reasonable steps to obtain the Customer's further instructions. If for whatever reason it does not receive timely instructions, the Company may
(a)store the goods at the sole risk and expense of the Customer, or
(b)sell the goods immediately and without further notice, and hold any net proceeds for the account of the Customer or
(c)authorize any third party to abandon carriage and make the Goods or any part of them available to the Customer at a place that is reasonable in the circumstances.

SSV Section 12 A.
Unforeseen intermediate storage
If the consignee does not take delivery of the shipment at its destination, or if the shipment is held up in transit due to factors beyond the control of the forwarder, it shall be placed in storage for the account of and at the risk of the customer. The forwarder shall, as soon as possible, inform the customer (in all cases) and the transport insurer (if transport insurance has been taken out) of such unforeseen intermediate storage.

The costs shall be paid by the customer as they accrue.

Peter Jones' Commentary:

One of the problems that arises with undelivered goods is the liability of the forwarder for the demurrage and storage charges. In cases where the forwarder acts as agent, it is not liable to the carrier for these charges, but where it has acted as a principal, or NVOC, it is very probably liable to the carrier as the shipper of the goods.

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