Quantity
Tolerance to ship 3% more or less than the contracted
weight. Applicable to both ECF and GCA. The intention is not to frustrate
shipment if on arrival in port five bags are missing out of five hundred. But
the tolerance applies only if the cause is beyond the sellers control. If buyers
suspect deliberate manipulation they may lodge a claim.
Weights at shipment
Weight franchise of
0.5% on coffee sold net shipped weight in ECC and E.FCA.CC. Any weight loss
on arrival in excess of 0.5% is to be refunded by the seller. Until the end of
1997 the tolerance was 1%. The present figure is a direct consequence of the
growth in bulk shipments, in the sense that there should hardly be any weight
variation if coffee is correctly shipped in lined and sealed containers.
Shippers of bagged coffee often include a small tolerance (excess weight) per
bag to avoid claims. GCA standard contracts make no provision for a weight
franchise unless this is specifically agreed at the time of concluding the
transaction, in which case it must be explicitly stated in the contract.
Independent evidence of weight. The shipping
weight shall be established at the time and place of shipment, or at the time
and place of stuffing if the coffee is stuffed into the shipment containers at
an inland location. In either case, sellers shall
provide independent evidence of weight. This stipulation in both ECC and
E.FCA.CC provides buyers with some independent evidence that a container for
which the bill of lading or waybill states said to contain in fact does hold a
certain amount of coffee. This does not alter the shipper's responsibility in
any way unless the parties agree that shipping weights shall be final (together
with the procedure and conditions that shall apply). GCA does not make this
stipulation. The requirement to provide independent evidence of shipping weights
applies equally to coffee sold delivered weights.
Supervision by buyer's representatives (independent
weighers). Buyers can demand this under both ECC and GCA provided they give
due notice and pay the costs. The seller is obliged to provide the certificate
together with the shipping documents but the buyer cannot withhold payment if
the seller does not provide it. It is after all possible that the supervising
weigher failed to hand the certificate to the exporter, or omitted to attend the
weighing when asked to do so.
Weights on arrival
(landed weights)
Establishment of
arrival weights. ECC and E.FCA.CC require that weighing (and sampling) take
place no later than 14 calendar days (15 for GCA) after discharge at the final
port of destination or, in case of unforeseen complications, from the date the
goods become available for weighing. Under both ECC/E.FCA.CC and GCA shippers
have the right to appoint supervisors at their expense.
ECC and E.FCA.CC stipulate
that on arrival containers (bagged and bulk) may be on-carried to an inland destination and weighed
there provided they are on-carried not later than 14 calendar days from the date
of final discharge at the port of destination, and provided weighing (and
sampling) take place under independent supervision, at buyers expense, not later
than 7calendar days after arrival at the inland destination. The point of
containerization is to minimize handling and the object of this clause is to
permit receivers to bring the coffee without unnecessary handling as near to its
final destination as possible, for example a roasting plant. (If coffee is
weighed at a roasting plant then such weights may also be called factory
weights.) GCA provides that coffee in bags is to be weighed either within 15
days of availability at port of destination (landed weights), or within 15 days
of date of tender at buyers plant (plant weights). Coffee in bulk is to be
weighed during unloading within 21days of availability at final destination, or
21 days after all United States Government clearances have been received (silo
weights).
But the GCA
approach is quite different from that of the ECF contracts in that it requires
that the actual transaction contract state when, where, how and by whom, coffee
is to be weighed for settlement purposes, that is, weighing responsibilities
including liability for costs must be specified at the time of contract. If
coffee is removed from the stipulated place of weighing or the time limits
expire before the weighing takes place, then the net shipped weight will
stand.
Packing
ECC and E.FCA.CC
state that the coffee shall be packed in sound uniform natural fibre bags
suitable for export and in conformity with the legal requirements for food
packaging materials and waste management within the European Union valid at the
time of conclusion of the contract. This is important and exporters must know
what types and quality of bags are acceptable, not only in the European Union
but also in other countries.
Be careful not to confuse port of destination with
country of destination as the two may not always be the same. To read the EU
Packaging and Packaging Waste Disposal Directive go to www.europa.eu.int
(official publications, EUR-Lex). See also the Draft Code of Hygienic Practice
for the Transport of Foodstuffs of the Codex Alimentarius Commission at www.codexalimentarius.net and 12.07 Quality
Control.
GCA stipulates
that coffee bags shall be made of sisal, henequen, jute, burlap or similar woven
material, without any inner lining or outer covering. Bulk coffee shall be in a
bulk container liner. Depending on the contract so-called super sacks (jumbo
bags) made of synthetic fibre may also be used. Soluble coffee is commonly
shipped in cardboard cartons with a plastic liner. All forms of packaging must
conform to food grade packaging standards at the country of
destination.