The seller must advise the buyer of delayed shipment
as soon as, for example, they become aware that a vessel may not load within the
contracted period due to problems connected with the operations of the vessel
itself such as a delay on the inbound voyage. The seller must also show, using
independent documentary proof, that a late shipment is not their fault.
If a problem of a much wider scope and of a more
serious nature arises that prevents the seller, as well as other shippers, from
shipping within the contracted period then, in addition to sending the
notification of delayed shipment immediately this becomes evident, under certain
circumstances the seller may be able to claim force
majeure. Under ECF contracts the effect of both an advice of delayed
shipment (or delivery) and an advice of force
majeure (see 04.05.08) is initially to extend the period allowed for
shipment. Cancellation of the contract follows if the problem continues after
that period (although cancellation would be rather unusual). GCA on the other
hand does not specify any extension and explicitly excludes events taking place
before arrival of the goods at port of shipment.
Experienced exporters know that quick and frank
admission of shipping problems usually helps them to reach an amicable
settlement with their buyers. Failure to ship is bad enough, but failure to keep
buyers informed is even worse as it prevents them from making alternative
arrangements in time.