Liability lies with packers in new IMO ruling

FTW has entered the corridors of “legal interpretation” of words, and has come out with a plea of guilty. This in our trail to solve the case of the new packaging rulings from the International Maritime Organisation (IMO) et al. We headlined our article “New packaging ruling holds consignors liable” and scared the wits out of local shippers, according to Denver Wright, Durban branch manager of Professional Aviation Services. “To avoid any misconceptions,” he said, “I would like to emphasise that your headline word ‘Consignors’ should in fact read ‘Packers’.” “Consignors are normally the suppliers of the cargo,” he said. “Packers, on the other hand, are diverse, ranging from suppliers and groupage operators, to warehouse or storage depots, port terminals, etc. And these can be appointed by the buyers or the sellers.” “As you state, the company responsible for “packing the contents” will be responsible for ensuring that a) if the cargo is packed into a road truck, aircraft, rail wagon, sea vessel or container that it is not overloaded according to agreement or specification, b) that it is packed adequately to meet transport regulations, to prevent leakage or loss, damage to other cargo, etc and c) secured either in the container, crate or on the vessel in such a manner to prevent damage to other cargo, the transporter of the cargo and injury/loss of life to persons involved.” Wright believes that if shippers and/or their agents make the effort to meet all three criteria, then they will prevent any legal recourse should an incident occur. “Furthermore, I recommend that both shippers (consignors) and buyers (consignees) nominate Incoterms in their sales contracts, as these clearly define ‘responsibility, cost and risk’ in the event of any incident.” INSERT Incoterms clearly define ‘responsibility, cost and risk’ in the event of any incident. – Denver Wright