Ningbo port freight shipping agency Co., Ltd. is responsible for the transportation of Hangzhou packaging decoration printing industry Co., Ltd. the cargo is 820 pieces of white board paper, but the carrier ship can only carry 580 pieces. 167 pieces could not be shipped together, which caused disputes.
In order to fulfill the purchase and sale contract signed with Guangning printing factory of Guangdong Province, Hangzhou packaging decoration printing industry Co., Ltd. (hereinafter referred to as the packaging company) needs to transport a batch of white board paper from Ningbo to Guangzhou. On December 6, 1988, Hangzhou packaging decoration printing industry Co., Ltd. signed the Yonggang (88) freight forwarding No. 35 transportation agreement with Ningbo port freight shipping agency (hereinafter referred to as the agent company) in Ningbo on December 6, 1988. According to the agreement, the packaging company entrusts an agent to transport white board paper, weighing 400 tons, accounting for 675 cubic meters (the weight of a single piece is about 0.5 tons, accounting for 0.823 cubic meters). The agent company is responsible for chartering, cargo transportation insurance, city transportation, and collecting and paying all freight and miscellaneous charges incurred in cargo transportation. The relevant shipping and miscellaneous charges and insurance premium shall be collected from the packing according to the actual amount after being paid by the agent company. The freight and miscellaneous charges and port charges of urban transportation shall be collected on a lump sum basis. At the same time, it is listed as follows: the shipping and miscellaneous charges are 47197.50 yuan, the insurance premium is 4300 yuan, and the transportation and miscellaneous charges and port expenses of urban transportation are 17550 yuan. The above expenses shall be paid by the packing company to the agent company by draft within 2 days after the contract comes into effect. The packing company should also pay the agent 697.50 yuan for chartering. The agreement also stipulates that: due to the limitation of the cabin capacity, some goods need to be put on the deck, and the packaging company shall be responsible for the wet damage of the cargo on the deck (with the consent of the ship).
The agency signed zheyonghangying no.88018 transportation agreement with Ningbo shipping company on December 7, 1988. Both parties agree that Ningbo shipping company will dispatch "Zhehai 506" to carry 400 tons of white board paper (the ship has a load capacity of 500 tons, two cargo holds and a total volume of 806 cubic meters) to carry 400 tons of white board paper, and the freight rate is 93 yuan per ton (including crew service fee of 2 yuan per ton and freight agency fee of 1 yuan per ton). According to the ship's deadweight tons of 500 tons, the whole journey freight is 46500 yuan.
After the signing of the agreement, the packing company will pay the freight of 46500 yuan to Ningbo shipping company and 17685.50 yuan to the agent company (including cargo insurance premium, chartering agency fee, city transportation and port fee). On December 10, 1988, the representatives of the three parties went to "Zhehai 506" to measure the cargo capacity and stowage, and learned that the hold capacity of the ship could not meet the full loading of 400 tons of white paperboard.
On December 11, 1988, the "Zhehai 506" berthed at the wharf of the first team in Ningbo operation area of Ningbo port, and the packing company was responsible for the delivery at Ningbo paper general factory. The agent company is responsible for the transportation of white board from the factory to the wharf. The loading operation started on the morning of December 11. When 519 pieces of whiteboard, 259.5 tons, were loaded, both cargo holds were full. According to the proposal of the packing company, the shipowner agreed to add 74 pieces of 37 tons on the deck. The packing company will pay another 1000 yuan to the ship. "Zhehai 506" actually loaded 593 pieces of white board paper, 296.5 tons in total. After the business representative of the packing company signed the waybill, the ship set sail for Guangzhou at 1800:00 on December 12.
The packing company originally planned to transport 800 pieces, but 36 pieces were stopped due to the limited hold capacity of "Zhehai 506". The agency actually received 760 pieces of white board paper, and the whereabouts of 4 pieces of white board were unknown.
After the completion of shipment, the packing company asked the agency to fulfill the contract and continue to ship 167 pieces of white board. The agency then applied to Ningbo Port Administration for a transportation plan. After approval, it planned to let "Zhehai 504" continue to be loaded at the freight rate of 102 yuan per ton. However, both parties failed to reach an agreement on the increase of freight. The packaging company shipped 167 pieces of whiteboard back to Hangzhou on December 15, 1988. For this reason, the packing company paid 5325.25 yuan for freight and 936 yuan for storage, which resulted in bank interest of 8532 yuan.
Disputes between parties
In the opinion of the packing company, we have made an agreement with the agent to transport 820 pieces of white board paper from Ningbo to Guangzhou. During the transportation in the urban area, four pieces of white paper were lost on the way; during the shipment, the agent company and Ningbo shipping company forced us to pay 1000 yuan hard work fee on the ground that the cargo could not be loaded in the hold and had to be loaded on deck. Due to the fact that the agent and the ship owner were not familiar with the properties of the white board paper and failed to dispatch a suitable ship for shipment, 167 pieces of white board paper were detained in Ningbo and finally had to be transported back to Hangzhou. As a result, the economic loss was 44287 yuan, and the agent company and Ningbo shipping company were required to be responsible for compensation.
The agency believes that: we always work within the scope authorized by the packaging company and fulfill our obligations according to the contract. In the process of contacting the ship and measuring the hold capacity of the ship, the business representative of the packaging company always participated and did not raise any objection. There is no evidence that four pieces of white board paper were lost during transportation in the city, and we have not received the so-called labor cost. Therefore, we cannot accept any claim for compensation from the packing company.
Ningbo shipping company believes that we will provide the other party with all the cargo hold capacity of a ship, that is to say, to sign a contract in the form of a charter ship. Before the shipment of the goods, we had measured the hold capacity of the carrying ship together with the representatives of the agent company and the packaging company. The result shows that the ship's Stowage can only reach about 580 pieces. All parties are clear about this. We have fulfilled our obligations according to the contract, so we can't accept the request from the packing company.
The court found that
After hearing the case, the court found that:
Yonggang (88) Dai Dai No. 35 transport agreement and zheyong hangying No. 88018 transport agreement are both parties