Complaint Review: Air Parcel Express APX shipping-worldwide.com freight-calculator.com

Response to Andy CEO of
Air Parcel Expresss following statements:

 

1) Our terms of Bill of Lading are posted
http://www.shipping-worldwide.com/carrier.htm and shipper agreed to
these. 

Dear Andy, under your
terms #21. (C). "If the goods cannot be found at the port of discharge or
place of delivery, or if they be miscarried, they, when found, may be forwarded
to their intended port of discharge or place of delivery at the Ocean carrier's
expense".

It was at my expense and not the carrier's.

 

2) Insurance was issued for cargo and all
disclosure pertaining to such was communicated to client ... http://www.shipping-worldwide.com/insurance.htm

 

Please look at Exhibit A.   It is my invoice document from
APX.   It was the only document with
the Transportation Insurance fee of $125.   There is no mention of a $500 dollar deductable on this
invoice.   I was not given any
documentation about or for insurance at the time of this invoice was paid on
January 14, 2009.

Note: Two of my crates were damaged somewhere
after I delivered them to Conterm C/O SafePak in San Francisco and before they
were loaded into a container for shipment.

 

Two months later I receive Exhibit D by email
while in Russia, Date of Issue March 5, 2009 from ACIS CERTIFICATE OF MARINE
CARGO INSURANCE along with the terms and conditions, which included a $500 deductible
and after my cargo had already been damaged by one of APXs contractors/
carriers.

 

 

Acis
Cargo Underwriting Agency Ltd. ? 2nd Floor, 145 Leadenhall Street?London, EC3V
4QT?General number: 0044 (0)845 869 7770     Direct number: 0044 (0)845 869
7771    Fax: 0044 (0)20 7929 2170  

Website
: www.acisforwarders.com

Acis Cargo Underwriting Agency Ltd is a company registered in England and
Wales with company number 4778918.   Registered
Office: 8 Northumberland Gardens , Bickley , Kent BR1 2XD . Authorised and
regulated by the Financial Services Authority (FSA) and entered in the FSA
register under firm reference number 311294.

 

From: AJ Brewster ? Sent: 06
May 2009 16:27? To: ? Subject: Cert# 1236264804

 

Dear Mr

 

I refer to your email
correspondence below with my colleague Nigel Herbert regarding your claim under
certificate number 1236264804. I am responsible for dealing with claims here at
Acis, as previously advised by Nigel. It would appear that your claim falls
below the policy deductible of USD 500, your claim totals USD 478.24 and
therefore the policy will not respond to this claim. I offer my condolences for
your loss but I am afraid I cannot be of any further assistance in this matter.

 

  Flag this message

Re: 774910Thursday, April 23, 2009 5:27 AM

From: "APX LCL EXPORT"
<cargo@freight-calculator.com>View contact details

To: "Paul

 

The Follow email informed Air Parcel
Express of the problems that I was having due to my cargo being sent to Riga
Latvia.   Note on April 23, 2009 Air
Parcel Express was notified and sent photos that were taken in Riga Latvia
before unloading my Cargo.   I
requested from Gina who and where my crates were damaged. To this day I have
not gotten a response on this matter from the CEO of APX:

 

Dear Paul,

 

let me pull out your files
and have the agent look into this as well.

 

Thanks

 

On Apr 23, 2009, at 12:46
AM, Paul   wrote:

 

Hello Gina,

 

I have tried to reach your
company by phone and email several times now without any reply..

The Port of Discharge of my
crates was in Riga, which is not Russia.  
I am now having to pay fees,which I would not have had to pay if my
crates were delivered to Russia in the first place.

In my Booking Confirmation
it clearly states the Port of Discharge is St. Petersburg.  

I do not live in St.
Petersburg and the reason for delivery to the Port in St. Petersburg was so
that my crates would go through customs in Russia and could easily be transfered
to Belgorod, Russia where I am living.

 

Delivery of my crates to
another country is Fraud in Fact.  
If your company fails to correct this matter and compensate me for all
of the extra expenses that I am now having to pay because of my crates being sent
to another country first then I will have no other choice than to file charges
against your company.

 

Several mistakes were made
on my transport documents by Penta Maritime Agencies Ltd.

I spent the past three days
in Moscow doing paper work and getting someone who knows the people in customs
at Moscow to over look the errors on my documents. My crates are in a sealed
truck on the way to customs in Belgorod.  
Customs in Moscow knows that these mistake will have to be taken care of
at customs in Belgorod before they will release my crates to me, which I paid
$633.54 to Penta Maritime Agencies Ltd.

I paid another $720 in fees
for paper work that would have been included if my crates were delivered to The
Port of Discharge in St. Petersburg in the first place.

 

Please note the following
letter:

 

April 23, 2009

 

Hello Marita,

 

I got to inspect my crates
yesterday before they were put on another truck to Belgorod.

Crate #4 was severally
damaged.   The side of the crate was
crack opened and the lid of the crate, which was lock with pad locks, was
completely broken.   Someone used
shrink-wrap to hold the lid onto the toolbox.

Ivan your truck driver
mentioned that he was not around when the crates were loaded.   He stated to Natasha that crate #4 was
damaged before my crates were un-loaded from his truck.

The storage manager at
customs also has stated that crate #4 had been damaged before it was unloaded
from Ivans truck.

 

Where was this crate
damaged?

 

Please email me the copies
that you have from APX stating the Port of Discharge!

 

Please note that Port of
Discharge is different from destination of cargo!

 

 

Thank you,

Paul

 

 

 

 

Gina B. ext 116 and
assistant at x 114

LCL Ocean Operations
Department

cargo@freight-calculator.com

FMC / OTI License #019153NF

877-597-0258 Toll Free Tel

877-597-0259   Toll Free Fax

USA TEL 305-597-0258

USA FAX 305-592-0266

Serving Wholesale Logistics
Since 1991

Member of WWPC Group of
Companies

Member of the Better
Business Bureau

Member of FCBA, TIA, TIACA

 

 

 

 

3) Cargo arrived at final port as contracted for
- No Fraud - If this is a formal complaint I invite the shipper to take it up
with the FMC Federal Maritime Commission.  We are doing the right thing by
mitigating his complaint with our CO-Loader "Conterm" who omitted the
trans-loading point "Riga" as the ON-FORWARDING port that services
St. Petersburg.

 

Note: NONE OF THE DOCUMENTS THAT WERE GIVEN TO ME
STATED THAT MY CARGO MAY BE SUBJECT TO CARGO BEING SENT TO ANOTHER COUNTRY AND
THAT CARGO COULD ALSO BE UNLOADED FROM CONTAINER IN THAT COUNTRY BEFORE
TRANSPORTATION INTO THE COUNTRY OF CONTRACTED DISTINATION OR THAT PORT OF
DISCHARGE COULD HAVE A DIFFERENT MEANING FROM THAT OF MARITIME LAW.

 

Exhibit A, Invoice document, January 14, 09,
states DEST ST. PETERS

Exhibit B, Booking Confirmation, Cut off date
January 7, 09, Port of Discharge St. Petersburg, Place of Delivery by On-
Carrier is left empty.

Exhibit C, LCL Dock Receipt, January 7,09, Port
of Discharge St. Petersburg, Place of Delivery by On- Carrier is left empty.

Exhibit D, ACIS, March 5, 2009, Voyage To St.
Petersburg, Russia.

Exhibit E, Conterm, March 3, 09, Port of
Discharge St. Peterburg.   Place of
Delivery is left empty.

 

 

Business Dictionary.com definition of Port of
Discharge

Place where a vessel (ship or aircraft) is
off-loaded and the shipments are dispersed to their respective consignees. It
may or may not be the port of destination.

The definition to Port of destination is Intended final
arrival point of a ship or shipment .

The definition for Place of Delivery has a very
different meaning: This is the actual place type of
delivery. Recording both the planned and the actual place of delivery allows
all changes of intent to be logged.

 

4) This part of the world is difficult AT BEST!!
and we are proud of our service and track record.  We do not practice
deception! ... on the contrary we try to be as transparent as possible as we
know that TRUTH IS POWER.

 

Note:  
I have been traveling in Russia for the past five years and have never
once had any problems with any of the people here.   You say you do not practice deception, but you add a
statement like the one above in every response to my complaints.

You contracted a company that did send my cargo
to another country other than the country I specified, which has brought me to
this forum in the first place.   The
problem is not with this part of the World it has to do with your company
ignoring facts which were given to you at the end of April 2009 and never
responding to the facts.   I WOULD
HAVE TO SAY TRUTH IS BLIND because you have been given this information
repeatedly without action on your part!

 

5) Would the shipper place a claim to the
INSURANCE COMPANY?  Did he follow procedure as stipulated on the insurance
certificate or did he act without regard to process?

 

Note: Refer to my response to question #2.

 

6) This file is still active ... and we will
follow through to see if ANYTHING can be done.

 

7) The file is being reviewed by the ERRORS and
OMISSIONS Policy we carry through our lawyer who will advise as to the final
determination and we will inform the shipper.

 

Errors and Omissions or your lawyer should have
been dealing with me months ago, when the following email was sent to me:

 

  Flag
this message

55093917 - RUSSIAMonday, July 27, 2009 9:38 AM

From: "RATES@SHIPPING-WORLDWIDE.COM"
<rates@shipping-worldwide.com>View contact details

To: info@wpbbb.com

Cc: p

Dear BBB:

 

The CARRIER "CONTERM" is at fault as
they did not follow our instructions and did not follow what they confirmed ...
we are in the process of making amends and correcting the situation with the
shipper by forcing the carrier to respond.

 

If there is anything else I can do for you please
let me know.

 

Sincerely,

 

Andy x 105

Director

Air Parcel Express, Inc.

F.M.C. / OTI # 019153NF

Licensed and Bonded Ocean Carrier

F.A.A. - I.A.C. Air Carrier

http://www.shipping-worldwide.com

877-597-0258 TOLL FREE TEL

 

8) The outlandish claims by the shipper are
unsubstantiated.  At no time did APX have physical possession of cargo. It
was routed from the receiving dock to the container then to the rail ramp and
then to the loading port in the east coast.  From there the container
landed in RIGA where it was de-consolidated and then routed to St. Petersburg.
 The cargo had some damage but to this date the shipper has not made a
formal claim to the insurance company.

 

Note:

On April 23, 2009 Air Parcel Express was notified
and sent photos that were taken in Riga Latvia before unloading my Cargo.   I requested from Gina who and where my
crates were damaged. To this day I have not gotten a response on this matter
from the CEO of APX.

Refer to the above question #2.

I would have to say it is OUTLANDISH that I paid
Air Parcel Express to ship my cargo to the Port of Discharge St. Petersburg
Russia. Only to have my cargo shipped to another country.

I would say it is OUTLANDISH that Air Parcel
Express did not contact me or Penta Maritime Agencies when I contacted them to
get help in the first place.

I would say that it is OUTLANDISH that the company
whom I paid and my contract is with thinks that they have no responsibility in
this matter.

I would have to say it is OUTLANDISH to say to this
date I have not made a formal claim to Air Parcel Express and ACIS!

I would have to say it is OUTLANDISH that you say
my claims are unsubstantiated when I have personally sent
you 150 pages of documents, which substantiate my claim.

I would have to say it is OUTLANISH that your
attorney has still not contact me over this matter after I have made the
request to do so and after you emailed me stating that you attorney will
contact me.


I have included 5 Exhibits to substantiate my
OUTLANDISH claim on this matter.