PDA 條款 DISPUTE

joetung0620

我公司接了一船CAPE的鐵礦, 以下是PDA 條款, 後來我們賣了半船貨給另外一個買家時, 我們都是背靠背用下面這條款做鎖售合同, 因為在我的理解下面WHOLE SHIPMENT的定義應該是整船貨的意思, 但我的買家的理解是他買的半船貨就是WHOLE SHIPMENT. 所以即使他買半船貨, 在港口裏我作為賣家就要負責110,000的港口費用. 在我的理解買家是非常不合理, 因為我只賣半船貨, 怎么可能要求我要負責110,000給這半船貨, 希望能有人可以幫忙. 謝謝.

The Buyer will pay the Seller on demand any agency fees or port fees at the Discharge Port that are in excess of the agreed price of US$ 110,000 (for the whole shipment) according to the B/L proportion.

If more than one port is agreed with the Seller then for each subsequent port any cost over US$160,000 (for the whole shipment) is for the Buyer’s account according to the B/L proportion.

艨艟剑客

1# joetung0620


My Personal Opinion as below:

If your B/L and/or your contract of carriage has not defined what is a "whole shipment" for the purpose of your B/L and/or contract of carriage, it is highly likely that such "whole shipment" will be interpreted as the shipment of the cargo under your B/L and/or contract of carriage, that is half ship cargo, not the whole ship cargo.

It is a price for carelessness.

binbinyulan

学习学习啊，

nickzhang

BELOW IS MY OPINOIN:

1). when your 公司接了一船CAPE的鐵礦, who is seller? did your company buy this whole shipment under CFR or FOB?
2). when you re-sell 1/2 shipment to a buyer ( let's say it as company A), then your are as the seller, so you have pay 11,000USD PDA, and company A only need pay 1/2 of amount in excess of the agreed price of US$ 110,000 (for the whole shipment) according to the B/L proportion.
3). your company will be able to collect back US$ 110,000  PDA from your seller if all contract is basis BTB.

nickzhang

BELOW IS MY OPINOIN:

1). when your 公司接了一船CAPE的鐵礦, who is seller? did your company buy this whole shipment under CFR or FOB?
2). when you re-sell 1/2 shipment to a buyer ( let's say it as company A), then your are as the seller, so you have pay 11,000USD PDA, and company A only need pay 1/2 of amount in excess of the agreed price of US$ 110,000 (for the whole shipment) according to the B/L proportion.
3). your company will be able to collect back US$ 110,000  PDA from your seller if all contract is basis BTB.

nickzhang

BELOW IS MY OPINOIN:

1). when your 公司接了一船CAPE的鐵礦, who is seller? did your company buy this whole shipment under CFR or FOB?
2). when you re-sell 1/2 shipment to a buyer ( let's say it as company A), then your are as the seller, so you have pay 11,000USD PDA, and company A only need pay 1/2 of amount in excess of the agreed price of US$ 110,000 (for the whole shipment) according to the B/L proportion.
3). your company will be able to collect back US$ 110,000  PDA from your seller if all contract is basis BTB.

nickzhang

BELOW IS MY OPINOIN:

1). when your 公司接了一船CAPE的鐵礦, who is seller? did your company buy this whole shipment under CFR or FOB?
2). when you re-sell 1/2 shipment to a buyer ( let's say it as company A), then your are as the seller, so you have pay 11,000USD PDA, and company A only need pay 1/2 of amount in excess of the agreed price of US$ 110,000 (for the whole shipment) according to the B/L proportion.
3). your company will be able to collect back US$ 110,000  PDA from your seller if all contract is basis BTB.

nickzhang

BELOW IS MY OPINOIN:

1). when your 公司接了一船CAPE的鐵礦, who is seller? did your company buy this whole shipment under CFR or FOB?
2). when you re-sell 1/2 shipment to a buyer ( let's say it as company A), then your are as the seller, so you have pay 11,000USD PDA, and company A only need pay 1/2 of amount in excess of the agreed price of US$ 110,000 (for the whole shipment) according to the B/L proportion.
3). your company will be able to collect back US$ 110,000  PDA from your seller if all contract is basis BTB.

nickzhang

BELOW IS MY OPINOIN:

1). when your 公司接了一船CAPE的鐵礦, who is seller? did your company buy this whole shipment under CFR or FOB?
2). when you re-sell 1/2 shipment to a buyer ( let's say it as company A), then your are as the seller, so you have pay 11,000USD PDA, and company A only need pay 1/2 of amount in excess of the agreed price of US$ 110,000 (for the whole shipment) according to the B/L proportion.
3). your company will be able to collect back US$ 110,000  PDA from your seller if all contract is basis BTB.