Up to this point there is no difference between
shipping FCL (full container load) (CY) or LCL (less than container load) (CFS),
since it is always the shipper's responsibility and risk that the coffee arrives
at the point and time contracted for, usually FOB a particular vessel. (For a
more detailed explanation of the terms LCL and FCL, see 05.01.08) The following
are the additional responsibilities and risks an exporter assumes when shipping
FCL.
- The shipper is responsible for selecting a
suitable container. This is not limited to deciding whether a type of container
is suitable in principle: each individual container must be suitable for the
carriage of foodstuffs. As per the bill of lading only the shipper is
responsible for selecting a suitable container, for controlling its condition,
and for preparing it in every respect for the voyage.
- The shipper is responsible for proper lining of
the container, or for enveloping the coffee in a suitable form.
- The shipper is responsible for loading the correct
quantity. Only evidence that the container has been tampered with will absolve
the exporter from having to make good any short weights. The shipper is
responsible for what is loaded into the container, right until the doors are
closed.
- It is solely the task of the shipper to prepare
the container for the carriage of goods. Any damage that cannot be proved to
have occurred from external causes is for account of the shipper. In this
context changes in weather or temperature are not an external cause.
- The shipper is responsible for proper stowage and
must request the carrier to 'stow away from heat, cool stow and sun/weather
protected' or 'stow in protected places only/away from heat and radiation' (i.e.
no outer or top position). The European Contract for Coffee also stipulates that
shippers shall pass on all relevant shipping instructions received from buyers
to the carrier.
Remember, the burden of proof is always on the
shipper, who has to show that everything was in good order when the container
left their premises or was loaded. If there is any doubt, the shipper will be
held responsible, regardless of any supervision certificates issued by any party
at origin.
Such certificates do not provide an ultimate
safeguard because only the verifiable facts at destination count. This does not
prevent shippers from employing trustworthy persons with good knowledge to
control and verify what is being done - their simple presence may already be
enough to avoid manipulations. But, unless expressly agreed, such inspectors or
inspection companies seldom assume any financial liability arising from their
work. (Some supervising agencies do provide loss cover. See 10.10.00).