Contentious fee dropped ALAN PEAT THE BATTLE between forwarding agents and shipping lines and ships agents over the contentious imposition of container cleaning fees - whether cleaning was required or not – seems to have reached a satisfactory conclusion, according to Denver Wright, Durban and East London branch manager for Röhlig Grindrod, and local representative of the SA Association of Freight Forwarders (Saaff), who made a stand at the end of last year. “It’s created the awareness of the issue that we wished to achieve,” he told FTW, and the non vessel owning common carrier (NVOCC) brigade and a number of lines which previously imposed the fee have now dropped it. Last year Wright stated that the issue of container cleaning fees had been a contentious one for some time. Saaff disputed liability for this charge based on a number of factors. The charge was described is “inconsistent” because it varied from line to line – and ranged from R50 to R100 per container. It was “discriminatory” as it was not applied in all instances and certain importers or industry sectors had been granted exemption. It was irrelevant in cases where the nature of the cargo ensured no cleaning was required, and was “unsubstantiated by evidence that actual cleaning took place”. The final point of conflict, according to Wright, was that the charge could only arise contractually – and there was no evidence of the existence of any agreement between agents (representing the client) and the shipping lines to accept any container cleaning fees. “Having followed legal advice,” he said, “we stated that - effective January 1, 2006 - our company would no longer accept liability for these fees. “Conversely, we undertook to accept liability for cleaning where such was proved to have taken place to our satisfaction, was validated by the depot concerned and was agreed to by ourselves and/or clients in writing.” The final twist in the tail was that - in the event of a shipping line refusing to release the cargo without payment of the fee – the company retained the right to take appropriate legal action to secure its release. But the response from the lines was immediate, and in many cases favourable, Wright told FTW, and his company put the legal threat on hold until final decisions were made. “It all progressed very nicely,” he said, “and all the NVOCCs and quite a number of the lines dropped the fee – with the motor industry, for example, being granted a blanket relief by the responsible lines.” The tools of battle have, therefore, been put to rest, he added.
