Perishables: Cargo recovery on delay

By Máximo Lücke, European Manager and Amaury Müller, Claims Handler BARBUSS

With the supply chain facing significant disruptions in recent years due to various factors such as the impact of COVID-19, the M/V Ever Given incident and the Russia-Ukraine conflict, there has been a notable surge in delay claims.

These circumstances have presented challenges in meeting delivery deadlines, especially when invoking the Hague-Visby Rules.

A recent example involved a shipment of avocados from Chile to China where the goods were delayed by 11 days due to poor weather and found to be damaged on arrival. The opponents in the transport process argued that bad weather was beyond their control and so they were not liable. Mindful of the three jurisdictions involved (Chile POL, France BL, China POD), the BARBUSS team were able to apply the Hamburg Rules to the shipment and negotiate an amicable settlement. 60% of the claimed amount was obtained as compensation.

A similar case related to Tangerines being shipped from Peru to Hong Kong in 2021 where COVID issues caused a 21 day delay. Again, the opponents in the transport process argued no liability due to delays in China being outside their control. Here, the Hamburg Rules were not applicable (as they hadn’t yet entered into force in Peru) but the team was able to apply local Peruvian law and obtain 20% of the claimed amount as compensation.

The BARBUSS team approached each situation with meticulous analysis and a proactive mindset, seeking to create innovative solutions and achieve positive outcomes for our clients. Within the linked document, you will find more information on each case study with details of the complexities faced and the successful resolutions achieved.