Countryman & McDaniel -  The Logistics - Customs Broker Attorneys

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The 1996 Countryman & McDaniel

Cargo Nightmare Winner

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U.S. Forwarder - Customs Broker Terms & Conditions of Service

Validation of The Shipper's Agent Concept by The Federal Court

The 1996 Countryman & McDaniel

Cargo Nightmare Winner

This picture cannot begin to describe the sheer panic at hand when tons of specialized oil field machinery slides off it's flat bed trailer at a major California interchange along the Pacific Coast Highway. Had a motorist been traveling in the opposite direction [to the right of the motorcycle], we would have had a fatality. Alleged Loss: for this Japan bound cargo was over US$800,000.

The Law Offices of Countryman & McDaniel came to the defense of a freight forwarder who was alleged to have improperly constructed the special packing crate, instructed the truck drivers as to tie down and directed the loading. Facts developed by the Forwarder Attorneys demonstrated fault on the part of the inland carrier, but serious dispute continued, with the trucker & the claimant contending full responsibility on the part of the forwarder.

In the final analysis, the freight forwarder prevailed through reliance upon industry standard "Terms & Conditions of Service" as appearing on the reverse side of our client's billing invoice. The Law Offices of Countryman & McDaniel demonstrated that "Terms & Conditions of Service" defined the contract terms with the shipper/claimant and thus limited damages to US$50.00 per shipment, assuming our client had even been negligent. [NOTE: After removing our client from the case, damages were properly paid by the inland carrier.]

LESSON LEARNED: The importance of industry standard "Terms & Conditions of Service" to the freight forwarder cannot be overly stressed. For specifics & proper use, consult your company attorney or liability advise.

Standard Trading Conditions of The United States - for Freight Forwarders & Customs Brokers:

U.S. Forwarder - Customs Broker Terms & Conditions of Service

Validation of The Shipper's Agent Concept by The Federal Court


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The Law Offices of Countryman & McDaniel

Eleventh Floor LAX Airport Center

5933 West Century Boulevard

Los Angeles, California, 90045

(310) 342-6500 Voice

(310) 342-6505 Fax


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