I am back to this forum due to a recent email that I received from Andy
the CEO/Director of Air Parcel Express (APX). Here is the email that he sent me on the 2nd of
February 2010, Email 1:
Re: HELPTuesday, February 2, 2010 7:32 AM
From: "[email protected]" <[email protected]>
To: "Paul " <[email protected]>
Paul ... your goods were not sent to the wrong country ... dont be silly ... they went to the place you booked them to ... your insurance was binded and your loss was less than $500 ... I am not going to pay you for something we are not liable for.
If there is anything else I can do for you please let me know.
Sincerely,
Andy x 105
Director
APX
Andy refers to the 82
+/- page Conditions of Contract that was an email link sent to me the day
before my cargo was delivered to Conterm C/O Safepack, in San Francisco, CA.
(see attached Exhibit I).
There are several
complaints and errors made by Air Parcel Express with my shipment and contract
documents. I am only going to give
you the facts and documents, which relate to my cargo being sent to the country
of Latvia instead of the contracted country of Russia. See Exhibits A,B,C,D,E,F
&G.
On
July 27, 2009 Andy states that, Email2: the Carrier Conterm is at fault as
they did not follow what they confirmed(See Email 2 below). My contract was with Air Parcel
Express. On every document given
to me Air Parcel Expresss name and address are present. (see attached Exhibits
A,B,C,D,E,F,and G).
Andy
states in the above email Paulyour goods were not sent to the wrong
countrydont be sillythey went to the place you booked them to (see Email 3
below).
I
booked my cargo as stated in my contract to be transported by ship and
delivered in the geographic limits of the port of discharge, which was located
in the country of Russia and in the port of St. Petersburg. (see attached
Exhibits A,B,C,D,E, and G).
Andy
stated on the Rip off Report No scam on forwarding to St. Petersburg
specified on Quote and Book. My first Quote From Air Parcel Express, dated
November 11, 2008, Quote No:0774910, states the following: OCEAN PORT TO PORT
RATES FROM SAN FRANCISCO TO ST. PETERSBURG (RUSSIA) [EUROPE], (see attached
Exhibit G).
Andy
mentions on forwarding from Riga to Russia and that it is stated in my contract
as Fact and justification for the mistake of putting my cargo into the wrong
container and then on the wrong ship is Misrepresentation of Facts, which they
have had documents, which were given to Air Parcel Express back in April of
2009.
When
I asked Marita at Penta Maritime Agencies to supplied the documents stating
that it was Air Parcel Expresss intention to have my cargo sent via Riga,
Latvia and then forward to Russia, I was not given these documents (see Email3
below). Air Parcel Expresss name is typed on the Bill as shipper, which was given
to me from Penta Maritime Agencies, located in Riga, Latvia (see Exhibit F).
Another
fact, which indicates that it was not the intention to forward my cargo from
Riga, Latvia to Russia is that when my cargo was taken out of a seal container
in the United States my cargo was no longer being transported from the United
States. As a Matter of Fact from that point on the United States is not
mentioned nor is Conterm / Air Parcel Express on documents from Latvia. The truck transport papers stated that
I was shipping my cargo from Latvia into Russia (see attached Exhibit H).
On
April 23, 2009 I informed Air Parcel Express (APX) that my cargo was sent to
the wrong country and a representative from (APX) stated the following: let me
pull out your file and have the agent look into this as well (see Email 3
below). I did not hear back from
Air Parcel Express (APX) until late July of 2009.
Because
my cargo was sent to the wrong country Riga, Latvia and taken out of a sealed
container and because the shipper did not provide documents for my cargo to be
shipped from Latvia into Russia my wife and I were subjected to threats by the
management at Penta Maritime Agencies in Riga, Latvia. It was stated to my wife that the manager
could easily have drugs put into my cargo. This is also another reason why the documents, which I had
for my cargo in the United States were now not being accepted by Russia due to
the sealed container being open in a country were my cargo was not to be
delivered to; and then having all document rewritten for that country, to ship
my cargo to Russia. Email 2
55093917 - RUSSIAMonday, July 27, 2009 9:38 AM
From: "[email protected]" <[email protected]>
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.
Email 3
Re: 774910Thursday, April 23, 2009 5:27 AM
From: "APX LCL EXPORT" <[email protected]>
To: "Paul " [email protected]
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
Andy presents
documents to the public on this matter without reference to were in the
document(s) that his company has the right to send my cargo, which was sealed
in the United States (see attached Exhibit E) and have the cargo unload from
the sealed container before shipping it to the final destination. Andy also does not state that when they
shipped my cargo to Riga, Latvia, which is not part of Russia, they did so
without giving Penta Martime Agencies the paper work to send me my cargo in Russia.
Further down in this article is an email from Penta Martime Agencies requesting
my documents.
Andy does not
acknowledge in any of his posting that my cargo was put in the wrong shipping
container. In my Bill of Lading
(Exhibit E) dated March 10. 2009, from Conterm/Air Parcel Express it states
that my cargo was shipped in a sealed container ID: CLHU903150-8. When my cargo arrived in the country of
Latvia, my cargo was unloaded from a container with the ID:OOLU8315655 (see
attached Exhibit F), dated April 14, 2009.
It is my
understanding that the geographic limits of shipping cargo is related to the
port of discharge and that the port of discharge by definition is the port
where cargo is unloaded from the vessel. It is also my understanding that the
geographic limits is also related to what is stated on my Bill of Lading as to where the port of
discharge is stated on this document.
The Port of Discharge in my document states: St. Petersburg (see attach
Exhibit E).
I spent two months
researching information about shipping my cargo. I spent lots of time on the phone with Freight Calculator
and Air Parcel Express. I
presented special documents to Air Parcel Express, which would allow me to have
minimal fees charged by customs in Russia if my cargo was delivered to the Port
of discharge in St. Petersburg.
My first document
with Air Parcel Express in dated November 11, 2008. At the bottom of the page under Rating Details it states the
following: Ocean Port to Port Rates from San Francisco To St. Petersburg
(Russia) [Europe] (see attached Exhibit G). In The Booking Confirmation dated
January 7, 2009, it states the Port of Discharge St. Petersburg (see attached
Exhibit B). In the LCL Dock
Receipt dated January 7, 2009, it states the Port of Discharge in St.
Petersburg ( see attached Exhibit C). The Invoice statement dated January 14,
2009, it states the DEST. St. PETERS (see attached Exhibit A). In the
Certificate Of Marine Cargo Insurance, dated March 5, 2009, it states Voyage To
St. Petersburg, Russia (see attached Exhibit D).
The vessel Liverpool Express 16 carrying my cargo
did not reach the agreed geographic limits of the port of discharge, which was
to be in St. Petersburg, Russia. My
cargo was delivered to a port in Riga, Latvia, which is its own country and way
outside the geographical limits of the Ports of discharge located in St.
Petersburg, Russia.
20(Delivery) (A) The Ocean Carrier shall have the right to deliver the Goods at any time at the Vessels side, customhouse, warehouse, wharf, or any other place
designated by the Ocean Carrier, within the geographic limits of the port of discharge or place of delivery shown of the face of this Bill of Lading.
Due to my cargo being
sent to Riga, Latvia instead of the Port of Discharge in St. Petersburg Russia
I was charged extra fees due to my cargo being unloaded from a sealed container
in a country that was not the intended destination of my cargo.
Penta Maritime
Agencies, the agency that was contract to get my cargo into Russia did not have
documents from Conterm or Air Parcel Express to ship my cargo from Riga, Latvia
into Russia. This is due to the
fact that my cargo was to be delivered to the Port of Discharge in St.
Petersburg Russia.
All of my documents
for my cargo were presented to customs on the Passenger Customs Declaration
form at the Moscow airport on the 4th of March 2009, which would
allow me to move my cargo easily through Russia territory if my cargo had been
shipped to the Port of Discharge in St. Petersburg in the first place. Because
my documents for cargo were rewritten in another country and because my cargo
was not being shipped from Latvia, my documents no longer matched what was
given to me from Air Parcel Express (APX), because of this all of my documents
had to be translated again and rewritten by officials in Moscow before my cargo
could be transported through Russia and then inspected by customs.
The following email
from Penta Maritme Agencies would not forward my cargo into Russia with out
copies of all my original documents give to me from Air Parcel Express. This is due to the fact that my
documents were only valid in Russia to have my cargo transported from the USA
into Russia. I did not have
documents to have my cargo to be sent from a third country Riga, Latvia into
Russia.
Penta Maritime Agencies had to have my documents rewritten in order to come into Russia.
Re: ARRIVAL NOTICE MIA/SPG/C00000 OOLU8315655Monday, April 6, 2009 3:09 AM
--- On Mon, 4/6/09, Marita-Penta <[email protected]> wrote:
From: Marita-Penta <[email protected]>
Subject: ARRIVAL NOTICE MIA/SPG/C00000 OOLU8315655
Date: Monday, April 6, 2009, 12:37 AM
Dear Customer,
Ref
: MIA/SPG/C00000
CARGO
: 10 PCS HOUSEHOLD GOODS
MEASUREMENT: 1931 KGS / 9.936 CBM
We kindly inform you that ETA of above cargo to Riga in consolidated container is 07.04.2009.
Upon container arrival to Riga Port cargo will be reloaded from container to Customs Terminal in Riga.
Planned date of re-stuffing: 08.04.2009.
Pls. note : for shipment to Russia, we confirm trucking only up to Moscow or St.Petersburg.
To organize cargo transportation from Riga to Moscow / St.Petersburg we need:
1. Copy of all cargo documents (Packing List, Invoice, Certificate, is any, etc) issue and stamped by Shipper
2. Cargo documents translation on RU language with TNVED cargo codes, quantity and weight for each TNVED position.
3. Address of CFS in Moscow / St.Petersburg
4. Payment of Destination charges as follows:
Destination charges: EUR 35,00 PER MEASUREMENT
DOCS FEE = eur 35,00 per shipment
Delivery to CFS, nominated by Cnee - EUR 100,00 per shipment
Delivery from CFS to Bonded warehouse, after customs clearance - eur 100,00 per multistop.
5. Storage at Customs Terminal, Riga:
1-3 days: free, after that eur 2,50 per day/per w/m
* Customs clearance - responsibility of Cnee and on the acc.of Cnee.
** Free unloading time (including customs formalities) - 1 day
After receipt of all necessary cargo documents and payments, cargo will be scheduled to the first available consolidated truck.
Please confirm the receipt of the arrival notice by return. Thank you. Best regards, Marita
Penta Maritime Agencies
51, Elisabetes Str, off.6
Riga LV-1010, Latvia
21. (On-Carriage and Forwarding) (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, but the Ocean Carrier shall not be liable for any loss, damage, delay, or depreciation arising from such forwarding.
Ocean Carrier Air
Parcel Express / Conterm miscarried my cargo under the theirs terms in the
contract provide to me in section 21(c)
In my Bill of Lading
(Exhibit E) dated March 10. 2009, from Conterm/Air Parcel Express it states
that my cargo was shipped in a sealed container ID: CLHU903150-8. When my cargo arrived in the country of
Latvia, my cargo was unloaded from a container with the ID:OOLU8315655 (see
attached Exhibit F), dated April 14, 2009.
Paul
Willits,#2Author of original report
Fri, February 05, 2010
Andy does not acknowledge in any of his posting that my cargo was put in the wrong shipping container. In my Bill of Lading (Exhibit E) dated March 10. 2009, from Conterm/Air Parcel Express it states that my cargo was shipped in a sealed container ID: CLHU903150-8. When my cargo arrived in the country of Latvia, my cargo was unloaded from a container with the ID:OOLU8315655 (see attached Exhibit F), dated April 14, 2009.
Andy Please try to response to what is stated in the post. Please take the time to read your own contract if you are going to make a statement on someone's post.
I Guess Andy if you keep saying the same thing over and over again you will believe yourself. Try reading the documents. It is not hard to find the ID on the two documents.
Andy does not acknowledge in any of his posting that my cargo was put in the wrong shipping container. In my Bill of Lading (Exhibit E) dated March 10. 2009, from Conterm/Air Parcel Express it states that my cargo was shipped in a sealed container ID: CLHU903150-8. When my cargo arrived in the country of Latvia, my cargo was unloaded from a container with the ID:OOLU8315655 (see attached Exhibit F), dated April 14, 2009.
Andy Please try to response to what is stated in the post. Please take the time to read your own contract if you are going to make a statement on someone's post.
I Guess Andy if you keep saying the same thing over and over again you will believe yourself. Try reading the documents. It is not hard to find the ID on the two documents.
Ceoapx
Miami,#3REBUTTAL Owner of company
Fri, February 05, 2010
1) The shipment arrived at the port you requested "St. Petersburg"