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MBA, PHD
Phoniex
Jul-2007 - Jun-2012
Corportae Manager
ChevronTexaco Corporation
Feb-2009 - Nov-2016
Tui Lipp GmbH exports flowers from The Netherlands to other European markets. Generally transports are carried out by road or inland waterways. When transporting flowers it is important that the conditions are right; the flowers need to be stored at +4 degrees Celsius and in a dark environment. To a large extent Tui Lipp GmbH carries out its own transports; the company owns special trucks and has employed drivers. Carriage by inland waterways is never carried out by the company itself. However, the company then uses its own refrigerated containers. Due to a very large demand for fresh flowers in March 2016, Tui Lipp GmbH sent four containers of flowers from its plants in Holland in northern Netherlands, to Sweden with an independent carrier, OUPS Transports Ltd. The flowers were packed in Tui Lipp’s own refrigerated containers and carried to Tui Lipp’s hub in Rotterdam by its own vehicles. In Rotterdam, the containers were taken over by OUPS Transports Ltd. at which time the carrier was instructed that the containers needed to be connected to electricity at all times. The waybill issued by the carrier in Rotterdam stated that the cargo consisted of four containers of fresh flowers in apparent good order. The containers were carried by OUPS Transports Ltd by road to the buyers plant in Göteborg. Between Travemünde in Germany and Trelleborg in Sweden the trucks and trailers were carried by ferry. During the over night crossing over the Baltic Sea the truck’s engine was turned off, which entailed that the electricity that kept the containers refrigerated was turned off. When the flowers arrived in Göteborg the temperature in the containers was +4 degrees. Three days after delivery, the buyer in Göteborg discovered that the quality of the flowers was inferior (the flowers didn’t stay fresh as long as they were supposed to) and thus made a claim against the seller. The seller in turn made a claim against the carrier, claiming that the non-refrigeration of the flowers during the crossing had damaged the flowers. Help the carrier present his defence. Present the possible objections he can make against the claim, and also discuss the likeliness of success of the different defences. Remember to explore different options and make a thorough discussion. Make sure to refer to the rules you apply and explain why you find them applicable.
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