Actualités
‹ RetourTime indicative or mandatory?
le 10/07/2014
An indication of the dates of care and delivery does not imply not necessarily guarantee period.
A company entrusts the delivery of various materials to the meeting to a freight forwarder.
The parties had agreed that the goods should be removed 6 May 2003 for delivery June 5, 2003.
The container in which the goods were potted was unloaded at the port of Rotterdam to be transferred onto a ship bound for the meeting.
On June 13, the commission informs the principal that the container is still in Rotterdam and it will only be released on July 4, unless instructed him to choose the air. What the principal, who then assigns the commission and the carrier for payment of a sum representing the additional cost of air travel and associated costs.
Neither the Court of Appeal or the Supreme Court will hold the fault of commission in that the dates agreed between the parties is not binding, there was therefore no commitment commission on arrival farm that if the customer wanted a strict adherence to delivery, it should attract the attention of the commission on emergency transportation and mandatory dates.
Cass. Com., June 3, 2009
The parties had agreed that the goods should be removed 6 May 2003 for delivery June 5, 2003.
The container in which the goods were potted was unloaded at the port of Rotterdam to be transferred onto a ship bound for the meeting.
On June 13, the commission informs the principal that the container is still in Rotterdam and it will only be released on July 4, unless instructed him to choose the air. What the principal, who then assigns the commission and the carrier for payment of a sum representing the additional cost of air travel and associated costs.
Neither the Court of Appeal or the Supreme Court will hold the fault of commission in that the dates agreed between the parties is not binding, there was therefore no commitment commission on arrival farm that if the customer wanted a strict adherence to delivery, it should attract the attention of the commission on emergency transportation and mandatory dates.
Cass. Com., June 3, 2009