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Warehouses of Temporary Storage
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Question: I am looking for a professional and independent opinion on the following situation. The seller delivers a product to point “A” according to the CIP regulations (Customs Import Permit)....|
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Question: I am looking for a professional and independent opinion on the following situation. The seller delivers a product to point “A” according to the CIP regulations (Customs Import Permit). However, point “A” is situated 400 km from the regional center, without access to railway network and only limited air connection. International cargo airlines simply don’t fly there. The shipping company delivered the goods to the regional center, point “B”, where the goods were placed in a temporary storage warehouse. The buyer insisted that the goods were to be cleared by the customs in “A”, but to do that the buyer had to declare the goods for temporary transit, which took 3 weeks. After these 3 weeks, the company providing the warehousing services issued an invoice for storing the cargo, plus there were additional costs for delivering the goods from point “B” to point “A” by a third company, plus additional services. The seller agrees to pay for the delivery of goods to point “A”, but is strongly against paying for the warehousing. The buyer refuses to pay for anything, explaining that the seller was supposed to deliver to point “A”, and everything before point “A” can be considered as unexpected costs to the seller. According to the CPI regulations, all customs procedures must be borne by the buyer, and our responsibility ended when the goods were passed on to the shipping company. How would you assess this situation? Who must pay whom? Would the situation change, if the seller knew that the goods would be delivered to point “B”?
Answer: The seller has the right to refuse paying for the temporary warehousing services because these services are part of the customs procedures which the seller bears no responsibility for. However, the goods were to be delivered to point “A”, and the seller must pay for the delivery by a third company and for the internal customs transit procedures. The seller may also be responsible for keeping the goods in the temporary warehouse for too long because initially they were to be delivered to point “A” and the warehousing was part of delivery. I think you have a point there and there is a legal ground too. However, this issue may only be resolved by holding talks with your business partners or in court. Íàâåðõ 
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