TPT pleads terms and conditions

The first round of the battle – where abnormal load specialist Project Logistics Management (PLM) is suing Transnet Port Terminals (TPT) for costs incurred due to nonperformance involving port operations” – ended with TPT saying that PLM was subject to its terms and conditions. In this case, the allegation is that there was a failure by TPT to allow the vehicles to be loaded timeously, and the fact they had to stand overnight meant they incurred demurrage – another source of revenue for TPT. The importance of this case at the Durban Regional Court is that – if the plaintiff is successful – it will set a court precedent that will put the inefficiency of TPT right in the firing line. This would allow other port users caught in a similar predicament to invoice TPT for the extra costs involved. It’s not the money that’s being fought for, according to Carl Webb, the MD of PLM, because it’s not a big amount. Rather, he added, it’s the principle of TPT never having to face any penalty for its incompetence. However, the case was delayed to April 9 (after FTW went to print) awaiting the magistrate’s finding on this “terms & conditions” plea. “But,” said Webb, “we were offloading directly from the ship where no TPT equipment or staff were involved. So how can we be subject to their terms and conditions?” If the magistrate finds they were, however, PLM would not have a case. “If not,” Webb added, “then it’s round two.” INSERT & CAPTION We were offloading directly from the ship where no TPT equipment or staff were involved. – Carl Webb