Report: #563382

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

3 Updates & Rebuttals

Reported By:

Paul - Willits, California, U.S.A.

Submitted:

Updated:

Author Confirmed

Why?

Air Parcel Express APX shipping-worldwide.com freight-calculator.com

Doral, Florida, United States of America

Phone:

Web:

www.shipping-worldwide.com

Categories:

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Air Parcel Express, APX, shipping-worldwide.com, freight-calculator.com Air Parcel Expresss CEO's Misrepresentation of Carrier's bill of lading Clauses Doral, Florida

*REBUTTAL Owner of company: APX Acted In Accordance To Terms and Conditions

*Consumer Comment: APX acted in accordance to FMC rules

*Author of original report: APX CEO and The Lie Continues

The Facts are under the terms of my contract with Air Parcel Express that my Cargo was in fact miscarried. Under section #21 of your terms it was the Ocean carriers responsibility to compensate me the extra expenses that I would not have had to pay.

My contract was with Air Parcel Express, which you contracted with Conterm to ship my cargo. Because I made payment to your company and because my contract for my cargo being shipped to the Wrong country, it is your companys responsibility to reimburse me for fees that I would not have had to pay in the first place! NOTE: CONTERM INFORMED ME TO DEAL WITH AIR PARCEL EXPRESS ON THIS MATTER AND THAT AIR PARCEL EXPRESS WOULD DEAL WITH CONTERM!

On Aug 12, 2009, at 3:15 PM, Paul wrote: 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. Thank you, Paul

--- On Wed, 8/12/09, [email protected] <[email protected]> wrote: From: [email protected] <[email protected]> Subject: Re: 55093917 - RUSSIA, Update

To: "Paul " (((redacted)))

Cc: "[email protected] DOCUMENTATION" <[email protected]>

Date: Wednesday, August 12, 2009, 8:47 AM

Dear Paul:Your cargo was routed via Riga and arrived at the port of destination as specified ... we are in compliance with the terms and conditions specified in our bill of lading. Here is the link to the terms. http://www.shipping-worldwide.com/carrier.htm We are still determining if there is anything we can do as far as the clearance but is seems that all cargo destined to Europe is prone to being cleared at the port of entry.

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

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3 Updates & Rebuttals

Paul

Willits,
California,
U.S.A.

APX CEO and The Lie Continues

#2Author of original report

Tue, November 29, 2011

The CEO of APX is a liar and a cheat. He never followed through with any of his statements to me. Never took the time to find out who damaged my cargo in the United States before it was loaded into the wrong container and then sent to the wrong country.
Anyone who needs shipping worldwide would be better off not dealing with APX or there CEO. Deal with the shipper directly and not a subcontractor who hides behind a 20 plus page contract, which the CEO has no understanding of his own contract and did not act in accordance to its own FMC rules. I was paid by the shipping company Conterm for my cargo being shipped to the wrong country, which the CEO of APX claimed he had nothing to do with and stated that my cargo was not shipped to the wrong country. I was never paid for the damage to my cargo before arriving to the ship in the United States, due to the CEO never took the time to deal with it.

Ceoapx

Miami,
Florida,
USA

APX acted in accordance to FMC rules

#3Consumer Comment

Wed, November 23, 2011

APX - Air Parcel Express, Inc. acted in accordance to FMC Rules which allow routings to final destination (difficult places usualy) via entry ports be it through third countries. Also APX is allowed to co-load with other NVOCC carriers and in fact it is a prevalent practice in the shipping business.

Ceoapx

Miami,
Florida,
U.S.A.

APX Acted In Accordance To Terms and Conditions

#4REBUTTAL Owner of company

Tue, February 02, 2010

With over 100,000 shipments it is understandable that once in a while someone has a bad experience due to their lack of understanding of the shipping porcess, industry norms and/or conditions.

Our terms and conditions were ahered to. The quote was correct. The service was performed. The loss incurred by shipper is less than $500 and the insurance adjustor denied the claim. The cargo arrived in St. Petersburg via Riga. We denied any claim of wrong doing after a thorough review of the shippers claim. Our Bill of Lading states we can move cargo to its final destination by the following means ...

Bill of LADING CONDITIONS

http://www.shipping-worldwide.com/carrier.htm

and this link is in the booking you received via email.

CONDITIONS OF CONTRACT

THIS IS A NON-NEGOTIABLE AIR WAYBILL/(SLI). ALL SERVICES ARE PROVIDED SUBJECT TO THE FOLLOWING CONDITIONS AND THE SHIPPER ACKNOWLEDGES THAT HE/SHE HAS READ THESE CONDITIONS AND CONDITIONS ON OUR BILL OF LADINGhttp://www.shipping-worldwide.com/carrier.htm AND AGREES TO BE BOUND BY EACH OF THEM. APX LIABILITY IS LIMITED TO U.S. $100. IN TENDERING THIS SHIPMENT THE SHIPPER AGREES THAT APX SHALL NO BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE CARRIAGE HEREOF. APX DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SHIPMENT. INSURANCE COVERAGE IS AVAILABLE UPON SHIPPERS REQUEST AND PAYMENT THEREFORE.

In tendering the shipment described herein for carriage, shipper agrees to these Conditions of Contract which no agent or employee of the parties may alter and agrees that this Air Waybill/SLI is non-negotiable and has been prepared by him or on his behalf by APX.
The shipper shall solely be liable for all cost and expenses incurred in either returning the shipment to the shipper or warehousing the shipment pending of disposition.
Limitations of Liability:The Liability of APX is limited to the lesser of (A) U.S. $100 (B) The amount of loss or damage to a document actually sustained or (C) The actual amount of loss or damage to a document actually sustained hereof, without regards to its commercial utility or special value to the customer.
Actual Value: The actual value of a document (which term shall include any item of no commercial value which is transported hereunder) shall be ascertained by reference to its cost of preparation of replacement reconstruction, or reconstitution value at the time and place of shipment, whichever is less.
Consequential Damages Excluded: APX shall not be liable, in any event, for any consequential or special damages or other indirect loss, however arising, whether or not APX had knowledge that such damage might be incurred, including, but not limited to loss of income, profits, interest utility or loss of market.
Liabilities Not Assumed: While APX will endeavor to exercise its best efforts to provide expeditious delivery in accordance with regular delivery schedules APX will not under any circumstance be liable for delays in pickup transportation or delivery of any shipment regardless of the cost of such delay.