Why is it so important to refer to specialists in due time?
Let us tell you why independent sum recovery through underpayment to a partner for delivered services is absolutely inadmissible and why, for solving problems of that kind, it is necessary to carry out a qualified arrangement of the documentation.
The following situation has already become a classic one. It happens again and again, and we are displaying it in order to give you a warning.
A company contracted with another one on transportation of confectionery. During the carriage a part of the goods lost shape and worn out. The consignee decided not to bother himself with an expert investigation for fixing the extent of damage. The damage was settled by the consignee independently, "by eye". After that the consignee simply underpaid the carrier's service the amount equal, as he estimated, to the cost of the damaged goods.
The following situation has set up. The carrier holds an agreement with terms and amounts accurately specified. There is also a reconciliation statement showing clearly that the service is paid incompletely. The carrier filed a claim to a court, secured judgment and collected the shortfall amount from the client. And, from a legal point of view, was completely right.
The consignee's arrogation, in this case, appeared to be even bigger financial losses to him. If he had evaluated the amount of loss, he would escape such course of events. Thus, having proper documents available the problem of damage reparation could have been well solved - even on a voluntary basis.
Harm of excessive economy
Economy and optimization of expenses is what business cannot do without. But it is of importance to differentiate between where the rational economy stops and the beginning of the irrational economy which raises harm to financial interests exposing goods, shipment and transaction to danger.
One case of the kind was a shipment of fruits with a truck accomplished by a Belarusian client. The fruits came from a long way off, the Caucasus. It took place in November. In order to economize the carriage expenses, the client decided to replace a refrigerator - traditional for that purpose - and to use canvas top which made the carriage a little cheaper. This way, it was impossible to keep up the temperature control in the vehicle.
The first consignment of goods arrived in normal condition, without any troubles. That is why the client thought that a canvas truck could be alright for such shipments further on. But it happened so that the next vehicle stopped at the border and reached Belarus after the scheduled date. The result of the stoppage turned into an unpleasant surprise to the client: the fruits got spoiled. And that, in all appearance, happened because of temperature fall. The consignee tried to press charges from the carrier and, as a natural result, was refused. After all, it was the consignee - not the carrier - who had chosen an "economic" kind of transportation - a truck with canvas. So, the client had only himself and his exceeding "chariness" to blame
Was it possible to predict such course of events? Clearly, it was. For that, it's enough to take into account a number of obvious factors and not to aim at economizing by all means. Indeed, in the end the client paid twice: for the goods he couldn't sell at all and for the carriage accomplished in complete accordance with the agreement which made all the claims to the carrier senseless.
Proper variant when concluding such bargains is insurance of goods. But even better is to make a detailed preliminary investigation of the bargain. Carried out with full preciseness and carefulness, it will save you from finding yourself in affairs as given above.
Collecting an Unpaid Judgment Against a Judgment Debtor Who Uses Several Aliases
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