Conterm Consolidation Services Conterm C/O SafePack Conterm Consolidation Services / AIR PARCEL EXPRESS BREACH OF DUTY & BREACH OF CONTRACT South San Francisco, California

The cargo arrived in good order and with little damage.  Routing is via Riga and we follow the laws of the USA under the FMC.

Because of worldwide turmoil and other conditions that may include acts of God, the Bill of Lading provides that the carrier be able to route cargo in any maner shape or form to its final destination.  Russians are difficult at the border and notorious for being a bit off the wall.

I am back to this forum due to a recent email that I received from Andy the CEO/Director of Air Parcel Express (APX).  Here is the email that he sent me on the 2^nd of February 2010, Email 1:

Re: HELPTuesday, February 2, 2010 7:32 AM

From: "RATES@SHIPPING-WORLDWIDE.COM" <rates@shipping-worldwide.com>

To: "Paul " <p@yahoo.com>

Paul ... your goods were not sent to the wrong country ... dont be silly ... they went to the place you booked them to ... your insurance was binded and your loss was less than $500 ... I am not going to pay you for something we are not liable for.

If there is anything else I can do for you please let me know.

Sincerely,

Andy x 105

Director

APX

Andy refers to the 82 +/- page Conditions of Contract that was an email link sent to me the day before my cargo was delivered to Conterm C/O Safepack, in San Francisco, CA. (see attached Exhibit I).

There are several complaints and errors made by Air Parcel Express with my shipment and contract documents.  I am only going to give you the facts and documents, which relate to my cargo being sent to the country of Latvia instead of the contracted country of Russia. See Exhibits A,B,C,D,E,F &G.

On July 27, 2009 Andy states that, Email2: the Carrier Conterm is at fault as they did not follow what they confirmed(See Email 2 below).  My contract was with Air Parcel Express.  On every document given to me Air Parcel Expresss name and address are present. (see attached Exhibits A,B,C,D,E,F,and G).

Andy states in the above email Paulyour goods were not sent to the wrong countrydont be sillythey went to the place you booked them to (see Email 3 below).

I booked my cargo as stated in my contract to be transported by ship and delivered in the geographic limits of the port of discharge, which was located in the country of Russia and in the port of St. Petersburg. (see attached Exhibits A,B,C,D,E, and G).

Andy stated on the Rip off Report No scam on forwarding to St. Petersburg specified on Quote and Book. My first Quote From Air Parcel Express, dated November 11, 2008, Quote No:0774910, states the following: OCEAN PORT TO PORT RATES FROM SAN FRANCISCO TO ST. PETERSBURG (RUSSIA) [EUROPE], (see attached Exhibit G).

Andy mentions on forwarding from Riga to Russia and that it is stated in my contract as Fact and justification for the mistake of putting my cargo into the wrong container and then on the wrong ship is Misrepresentation of Facts, which they have had documents, which were given to Air Parcel Express back in April of 2009.  

When I asked Marita at Penta Maritime Agencies to supplied the documents stating that it was Air Parcel Expresss intention to have my cargo sent via Riga, Latvia and then forward to Russia, I was not given these documents (see Email3 below). Air Parcel Expresss name is typed on the Bill as shipper, which was given to me from Penta Maritime Agencies, located in Riga, Latvia (see Exhibit F).

Another fact, which indicates that it was not the intention to forward my cargo from Riga, Latvia to Russia is that when my cargo was taken out of a seal container in the United States my cargo was no longer being transported from the United States. As a Matter of Fact from that point on the United States is not mentioned nor is Conterm / Air Parcel Express on documents from Latvia.  The truck transport papers stated that I was shipping my cargo from Latvia into Russia (see attached Exhibit H).

On April 23, 2009 I informed Air Parcel Express (APX) that my cargo was sent to the wrong country and a representative from (APX) stated the following: let me pull out your file and have the agent look into this as well (see Email 3 below).  I did not hear back from Air Parcel Express (APX) until late July of 2009.

Because my cargo was sent to the wrong country Riga, Latvia and taken out of a sealed container and because the shipper did not provide documents for my cargo to be shipped from Latvia into Russia my wife and I were subjected to threats by the management at Penta Maritime Agencies in Riga, Latvia.  It was stated to my wife that the manager could easily have drugs put into my cargo.  This is also another reason why the documents, which I had for my cargo in the United States were now not being accepted by Russia due to the sealed container being open in a country were my cargo was not to be delivered to; and then having all document rewritten for that country, to ship my cargo to  Russia. Email 2

55093917 - RUSSIAMonday, July 27, 2009 9:38 AM

From: "RATES@SHIPPING-WORLDWIDE.COM" <rates@shipping-worldwide.com>

To: info@wpbbb.com

Cc: p@yahoo.com

Dear BBB:

The CARRIER "CONTERM" is at fault as they did not follow our instructions and did not follow what they confirmed ... we are in the process of making amends and correcting the situation with the shipper by forcing the carrier to respond.

If there is anything else I can do for you please let me know.

Sincerely,

Andy x 105

Director

Air Parcel Express, Inc.

Email 3

Re: 774910Thursday, April 23, 2009 5:27 AM

From: "APX LCL EXPORT" <cargo@freight-calculator.com>

To: "Paul " p@yahoo.com

Dear Paul,

let me pull out your files and have the agent look into this as well.

Thanks

On Apr 23, 2009, at 12:46 AM, Paul wrote:

Hello Gina,

I have tried to reach your company by phone and email several times now without any reply..

The Port of Discharge of my crates was in Riga, which is not Russia.  I am now having to pay fees,which I would not have had to pay if my crates were delivered to Russia in the first place.

In my Booking Confirmation it clearly states the Port of Discharge is St. Petersburg. 

I do not live in St. Petersburg and the reason for delivery to the Port in St. Petersburg was so that my crates would go through customs in Russia and could easily be transfered to Belgorod, Russia where I am living.

Delivery of my crates to another country is Fraud in Fact.  If your company fails to correct this matter and compensate me for all of the extra expenses that I am now having to pay because of my crates being sent to another country first then I will have no other choice than to file charges against your company.

Several mistakes were made on my transport documents by Penta Maritime Agencies Ltd.

I spent the past three days in Moscow doing paper work and getting someone who knows the people in customs at Moscow to over look the errors on my documents. My crates are in a sealed truck on the way to customs in Belgorod.  Customs in Moscow knows that these mistake will have to be taken care of at customs in Belgorod before they will release my crates to me, which I paid $633.54 to Penta Maritime Agencies Ltd.

I paid another $720 in fees for paper work that would have been included if my crates were delivered to The Port of Discharge in St. Petersburg in the first place.

Please note the following letter:

April 23, 2009

 Hello Marita,

 I got to inspect my crates yesterday before they were put on another truck to Belgorod.

Crate #4 was severally damaged.  The side of the crate was crack opened and the lid of the crate, which was lock with pad locks, was completely broken.  Someone used shrink-wrap to hold the lid onto the toolbox.

Ivan your truck driver mentioned that he was not around when the crates were loaded.  He stated to Natasha that crate #4 was damaged before my crates were un-loaded from his truck.

The storage manager at customs also has stated that crate #4 had been damaged before it was unloaded from Ivans truck.

Where was this crate damaged?

Please email me the copies that you have from APX stating the Port of Discharge!

Please note that Port of Discharge is different from destination of cargo!

Thank you,

Paul

p@yahoo.com

Andy presents documents to the public on this matter without reference to were in the document(s) that his company has the right to send my cargo, which was sealed in the United States (see attached Exhibit E) and have the cargo unload from the sealed container before shipping it to the final destination.  Andy also does not state that when they shipped my cargo to Riga, Latvia, which is not part of Russia, they did so without giving Penta Martime Agencies the paper work to send me my cargo in Russia. Further down in this article is an email from Penta Martime Agencies requesting my documents.

Andy does not acknowledge in any of his posting that my cargo was put in the wrong shipping container.  In my Bill of Lading (Exhibit E) dated March 10. 2009, from Conterm/Air Parcel Express it states that my cargo was shipped in a sealed container ID: CLHU903150-8.  When my cargo arrived in the country of Latvia, my cargo was unloaded from a container with the ID:OOLU8315655 (see attached Exhibit F), dated April 14, 2009.

It is my understanding that the geographic limits of shipping cargo is related to the port of discharge and that the port of discharge by definition is the port where cargo is unloaded from the vessel. It is also my understanding that the geographic limits is also related to what is stated on my Bill of  Lading as to where the port of discharge is stated on this document.  The Port of Discharge in my document states: St. Petersburg (see attach Exhibit E).

I spent two months researching information about shipping my cargo.  I spent lots of time on the phone with Freight Calculator and Air Parcel Express.  I presented special documents to Air Parcel Express, which would allow me to have minimal fees charged by customs in Russia if my cargo was delivered to the Port of discharge in St. Petersburg. 

My first document with Air Parcel Express in dated November 11, 2008.  At the bottom of the page under Rating Details it states the following: Ocean Port to Port Rates from San Francisco To St. Petersburg (Russia) [Europe] (see attached Exhibit G). In The Booking Confirmation dated January 7, 2009, it states the Port of Discharge St. Petersburg (see attached Exhibit B).  In the LCL Dock Receipt dated January 7, 2009, it states the Port of Discharge in St. Petersburg ( see attached Exhibit C). The Invoice statement dated January 14, 2009, it states the DEST. St. PETERS (see attached Exhibit A). In the Certificate Of Marine Cargo Insurance, dated March 5, 2009, it states Voyage To St. Petersburg, Russia (see attached Exhibit D).

The vessel  Liverpool Express 16 carrying my cargo did not reach the agreed geographic limits of the port of discharge, which was to be in St. Petersburg, Russia.  My cargo was delivered to a port in Riga, Latvia, which is its own country and way outside the geographical limits of the Ports of discharge located in St. Petersburg, Russia.

 20(Delivery) (A) The Ocean Carrier shall have the right to deliver the Goods at any time at the Vessels side, customhouse, warehouse, wharf, or any other place

designated by the Ocean Carrier, within the geographic limits of the port of discharge or place of delivery shown of the face of this Bill of Lading.

Due to my cargo being sent to Riga, Latvia instead of the Port of Discharge in St. Petersburg Russia I was charged extra fees due to my cargo being unloaded from a sealed container in a country that was not the intended destination of my cargo.

Penta Maritime Agencies, the agency that was contract to get my cargo into Russia did not have documents from Conterm or Air Parcel Express to ship my cargo from Riga, Latvia into Russia.  This is due to the fact that my cargo was to be delivered to the Port of Discharge in St. Petersburg Russia.

All of my documents for my cargo were presented to customs on the Passenger Customs Declaration form at the Moscow airport on the 4^th of March 2009, which would allow me to move my cargo easily through Russia territory if my cargo had been shipped to the Port of Discharge in St. Petersburg in the first place. Because my documents for cargo were rewritten in another country and because my cargo was not being shipped from Latvia, my documents no longer matched what was given to me from Air Parcel Express (APX), because of this all of my documents had to be translated again and rewritten by officials in Moscow before my cargo could be transported through Russia and then inspected by customs.

The following email from Penta Maritme Agencies would not forward my cargo into Russia with out copies of all my original documents give to me from Air Parcel Express.  This is due to the fact that my documents were only valid in Russia to have my cargo transported from the USA into Russia.  I did not have documents to have my cargo to be sent from a third country Riga, Latvia into Russia.

Penta Maritime Agencies had to have my documents rewritten in order to come into Russia.

Re: ARRIVAL NOTICE MIA/SPG/C00000 OOLU8315655Monday, April 6, 2009 3:09 AM

--- On Mon, 4/6/09, Marita-Penta <skrebele@penta.lv> wrote:

From: Marita-Penta <skrebele@penta.lv>

Subject: ARRIVAL NOTICE MIA/SPG/C00000 OOLU8315655

To: p@yahoo.com

Date: Monday, April 6, 2009, 12:37 AM

Dear Customer,

Ref

: MIA/SPG/C00000

CARGO

: 10 PCS HOUSEHOLD GOODS

MEASUREMENT: 1931 KGS / 9.936 CBM

We kindly inform you that ETA of above cargo to Riga in consolidated container is 07.04.2009.

Upon container arrival to Riga Port cargo will be reloaded from container to Customs Terminal in Riga.

Planned date of re-stuffing: 08.04.2009.

Pls. note : for shipment to Russia, we confirm trucking only up to Moscow or St.Petersburg.

To organize cargo transportation from Riga to Moscow / St.Petersburg we need:

1. Copy of all cargo documents (Packing List, Invoice, Certificate, is any, etc) issue and stamped by Shipper

2. Cargo documents translation on RU language with  TNVED cargo codes, quantity and weight for each TNVED position.

3. Address of CFS in Moscow / St.Petersburg

4. Payment of Destination charges as follows:

Destination charges: EUR 35,00 PER MEASUREMENT

   DOCS FEE = eur 35,00 per shipment

   Delivery to CFS, nominated by Cnee - EUR 100,00 per shipment

   Delivery from CFS to Bonded warehouse, after customs clearance - eur 100,00 per multistop.

5. Storage at Customs Terminal, Riga:

   1-3 days: free, after that eur 2,50 per day/per w/m

*  Customs clearance - responsibility of Cnee and on the acc.of Cnee.

** Free unloading time (including customs formalities) - 1 day

After receipt of all necessary cargo documents and payments, cargo will be scheduled to the first available consolidated truck.

Please confirm the receipt of the arrival notice by return. Thank you. Best regards, Marita

Penta Maritime Agencies

51, Elisabetes Str, off.6

Riga LV-1010, Latvia

21. (On-Carriage and Forwarding)  (C) If the Goods cannot be found at the port    of discharge or place of delivery, or if they be miscarried, they, when found, may be forwarded to their intended port of discharge or place of delivery at the Ocean Carrier's expense, but the Ocean Carrier shall not be liable for any loss, damage, delay, or depreciation arising from such forwarding.

Ocean Carrier Air Parcel Express / Conterm miscarried my cargo under the theirs terms in the contract provide to me in section 21(c)

In my Bill of Lading (Exhibit E) dated March 10. 2009, from Conterm/Air Parcel Express it states that my cargo was shipped in a sealed container ID: CLHU903150-8.  When my cargo arrived in the country of Latvia, my cargo was unloaded from a container with the ID:OOLU8315655 (see attached Exhibit F), dated April 14, 2009.