Ignas is almost 6 weeks, So you have to slowly return to greater activity 🙂 first step will participate as a speaker at the next conference in the series Transport Manager Meeting. This time in Warsaw on 12.09.2013 r. As in Katowice, will speak about how to prevent or limit the liability of carriers for transport damage. Details of the conference to find her website.
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Paweł Judek
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Author of the blog is a legal advisor, partnerem w kancelarii Działyński i Judek Spółka Partnerska Radców Prawnych z siedzibą w Poznaniu. For many years, specializes in transportation and conducting litigation.
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On the same day, an annual Spartakiade Lawyers, this time in Poznan:
http://www.spartakiada2013.pl/
Next time please niedublowanie terms 😉
@ Robert
Unfortunately, I had no influence on it 🙂
It would be great if you spoke to Patron, What about the legal terms of the so-called think. parking, and so the situation, the carrier pulls up on time for loading, and there turns out to be, that loading will only such. for two-three days. The same thing can happen when unloading (when such. There is no place in the warehouse). The situation is clear if the order recorded, eg transport. that for each hour of waiting is paid a set amount. The problem arises, where the order is nothing about it says (usually this is) or speaks so vaguely, that does not mean anything (np. “free parking 24h/48h) – this situation is the most common.
This is a serious problem for the carrier, when the car instead of driving to wait four days to load.
I think it's an interesting topic, and professional publications harshly treated somewhat or not at all forgotten.
In my view, if the order nothing about it says nothing nor the parties have agreed on this issue, carrier is basically nothing to a halt, it was in his interest to make sure to specify the amount of parking. Kind of how the court would have to know how much to award the parking, from the ceiling? Unjust enrichment? Tension.
I greet
@ Raldek
It would be cool, I could not comment on many interesting topics, but the organizers strongly guard time, so I guess I'll have to confine ourselves to the topic of lectures 🙂
But I will try to present my position here. Now, if the contract is not written anything about parking, the carrier in case of delay in loading or unloading, there is nothing to lump sum. This does not mean, however,, that there should be nothing to him. Just as in any other case, faulty performance, carrier to be compensated. I agree, however,, demonstrate that the amount of compensation in most cases it will be very difficult. Sometimes the damage does not occur at all. However, there are situations, someone as a result of delayed discharge such. lose another course or be required to pay liquidated damages to be too late loading of other goods. In this case, the lack of parking regulations in the agreement will not be standing in the way of compensation from the customer inquiry.
It is worth remembering, that by entering into agreements such as lump-sum amount of parking. 200 Euro per day, not adding to the formulas of the possibility to claim additional compensation, is an action contrary to their own interests, because there may be situations, When damage as a result of a one-day delay will be much higher.
In practice, however, an increasing number of orders I can see the records of a lack of accountability for the delay to 24 / 48 h for loading or unloading, making, that ever fewer accidents carrier in general will have any claim against the Customer.
6 weeks is not too much, remember, to have time for family and professional life 🙂
@ Kozloff34
And while the pleasure Sorry 🙂 day is not rubber 🙂