Legal Question in Business Law in New Jersey
Charged Storage Fees Caused by Delayed Package Arrival Notice
I have a business and purchased products from Italy. The shipper in Italy told me that my package left on 07/10/06 but did not tell me when my shipment would arrive in the US. The B/L notice information I received from them shows the US delivery company's name(SHIPCO) and telephone number(who received my package in the US).
On August 2nd, I receive an arrival notice from Shipco. I recently found out that my package arrived in the US on 07/20/06 and that I should have received an arrival notice from Shipco on 07/15/06. Shipco's excuse for late arrival notice is that they could not find my contact info.
Shipco's policy is 5 free days of storage and days after that, they charge for storage. when Shipco received my package notice, they had my address information. If they airmailed me the arrival notice before my package arrived in the US, I would have contacted them immediately but they never sent me a notice until Aug 2nd.
Therefore, I do not believe that I am responsible for their $490.00 storage fee or for the federal storage fee because this problem was caused solely because of the late arrival notice.
Can you please provide me with the business law that concerns such a matter?
1 Answer from Attorneys
Re: Charged Storage Fees Caused by Delayed Package Arrival Notice
You have assessed the situation correctly; there is no reason why you should pay for the freight forwarder's unnecessary delay. What you don't say is whether or not you have the goods. If so, you are in a good position. Document your position, retain any evidence and wait for their move. If you don't have the goods, then you may have to pay the amount under protest in order to get them. In that case, you have the option to take the forwarder to court to get the money back.
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