The Law Office of Donald D. Vanarelli (please see their website at http://www.dvanarelli.com/) is committed to helping the elderly and the disabled to receive quality long-term care, while preserving assets for family and others. They strive to provide quality legal representation and aim to offer positive results for their clients through careful legal review and analysis, quality work, and timely and efficient service.
I recently made a visit to their offices in Westfield, New Jersey and was highly impressed with their professionalism, caring personas and ability to understand my needs. Not only this but their price is highly affordable and with a quality team of Lawyers and Attorneys it wasn’t a difficult decision for me to employ their services to handle my Estate.
Well we know that many television companies offer a feel at home like TVs which provide a feature of feel the same thing which you watch on TV. These technologies know as a telepresence. According to wikipedia it is a technology that allows a person to feel to have an effect, at a location other than their true location. It widely use in education and business meetings. Due to it effects we can talk anyone like we are talking at same location.
A telepresence system allows you real-live conversation with your friends or anyone from across the world. I used once in my school where I talked with an expert from US for my car project. My school use Polycom RPX HD telepresence system for this. Telepresence help to reduce travel time and save some money too. Although telepresence systems are costly at the moment but it’s best solution for anyone.
The buyer R.R.P. therefore asked that demurrage up to 17-3-90 be on account of the sellers which Agricoop had no go but to accept since it was their own indenting agent who was creating this new problem.
A new lawyer was engaged by Agricoop to fight M/s Vimal Agencies and Agricoop asked RRP to pay this lawyer and deduct charges from the invoice. A new condition was agreed upon “Seller to bear demurrage up to 4 days after lifting of stay by court or any other reason stopping the release of goods from the port by the Port Authority for which buyer is not responsible”
The stay was finally vacated on the goods but court ordered the State Bank of Mysore (RRP’s Bank) to withhold an amount of Rs.10 lakhs from remittance to foreign bank (which was claimed by M/s Vimal Agencies as commission due in foreign exchange) till the final disposal of the said petition.
M/s RRP finally cleared the goods and paid Rs.33 lakhs as demurrage, Rs.7000/- SGS fess, Traveling and legal fees and other expenses of about Rs.25000/-.
SGS report declared shortage of weight valued at about USD6000/-(.) All these expenses were paid by M/s RRP to be deducted from invoice.
The Banker of M/s R.R.P. wondered how much was the balance to be remitted to the Hungarian Bank.
Mr. KUGLER left the company sometime in May 1990. M/s Agroop’s reputation was also badly hurt in the Indian market.
With the help of Mr. Shah, they finally located P.R.P. Imports of New Delhi who was ready to lift the goods and pay on 90 days from acceptance of draft (counter signed by his bank) State Bank of Mysore. However, he made a condition that entire demurrage would be on the sellers. Since market had improved in the meanwhile, the agreed price was USD275/-PMT. The terms and conditions of the contract dtd. 20-02-90 are as per annexure No.2.
However, it was not easy going for either Agricoop or R.P.P. Madras customs asked for evidence to change the name of the importer in the manifest. The type of cooperation required from solicitors in Madras (of M/s Agricoop) was not available(seemed that their fees were still not fully settled). The following problems arose.
1) Allahabad Bank did not give the required N.O.C. for custom purpose.
2) It seemed customs was holding a certificate from P.H.O. of Unfit for human consumption.
3) Solicitor not cooperating to give required papers and evidence to enable RRP to pass his Bill of Entry.
4) The original indentor M/s Vimal Agencies had obtained an injunction on the goods from the court, as Agricoop had not paid their indenting commission of these and other previous contracts.
The question also arose as to the demurrage charges and the buyer started insisting that he will put the following clause in the contract “ Port demurrage charges will be paid out first instant by the buyer & the shortage in weight of the cargo to be determined by an independent surveyor on one hundred percent weightment at the time of delivery would be an sellers account and such demurrage would be reimbursable from the proceeding of sellers draft/invoice and the paying bank accordingly would pay the amount after deducing the actual shortage of cargo from seller’s draft/invoice”
Despite agreement of Agricoop to above conditions , they failed to present the documents on the fixed date at buyers bank because the documents were to be rushed from one city to another to buyers bank and due to the delay, the buyer withdrew from the purchase mainly due to mounting demurrage and unfavorable prices in local market.
Mr. KUGLER had come down again personally for appearing also in the court and to get the documents presented. Due to the breaking down of agreement with K.M.Sons, he was looking for another buyer.
At the same time the court had asked the petitioner to pay the port charges, which they did not. Upon the submission of respondents M/s. Agricoop, the count again directed petitioner to pay port charges and other necessary charges for removal of goods latest by 15th Feb 1990. The buyers did not pay the charges so the stay was vacated on 20th Feb 1990 and the court ordered that the receiver who was appointed earlier now stand discharged.
Mr. KUGLER thought of one Mr. Shah in Bombay who happened to be PEASEX’s agent and hence well known to him. In the meantime he contact Mr. Shah on phone on 10th Feb1990 and requested him to find a buyer for this lot of 1000 MT. Mr. Shah through his other sources contacted a new buyer to sell the goods but negotiation failed after one week of discussions mainly on the ‘mode of payment’. On the other side, demurrage was mounting at the rate of 60Rs.(USD3.50) PMT per day.
The proposed new buyer M/s K.M.Sons insisted that he will not open the L/C but will “get a draft accepted by him and countersigned by his bank and such draft would be payable on maturity date provided goods under the contract covered by the specific bill of lading and (arrived on vessel BOSNA) presently lying at Madras Port, are delivered to the Buyer free from any legal liabilities or any litigation or court proceeding”.
In the third week of December, M/s Vimal Agencies informed Mr. KUGLER that his documents of 1000 MT Yellow peas to M/s. P.R.Trading, Madras were also rejected on some discrepancies. The goods had still not arrived Madras because vessel BOSNA had left Rijeka only on November17,1988. The buyer was very furious against the agent because he said he bought the goods in May but the goods still did not arrive even on 20th December when he rejected the documents on pretext of some discrepancies in the documents.
Mr. KUGLER delayed his visit due to Christmas and arrived Madras on Jan5, and had fruitless discussion with M/s P.R.Trading for accepting the documents. Goods had still not arrived. Hence, Mr.KUGLER sold these goods to another buyer in Madras M/s. G.S.Enterprise on “Afloat basis” at USD265/-PMT C&F Calcutta.
The goods arrived on 6th Jan 1990. Upon seeing the quality of the goods which was far below the Hungarian quality in terms of excessive split peas, the buyer M/s. G.S.Enterprise also rejected the documents which were presented to their bankers (Allahabad Bank) however, in the meantime they had already filed the “bill of entry for home consumption” for the above import. Mr. KUGLER saw that the documents were rejected by the buyer’s bank but could not arrive at a negotiated settlement by giving a discount demanded by the buyer. He went to buyer’s bank to take back the documents which were sent by buyers bank to Agricoop’s bank by registered post.
Around the same time PEASEX sent a delegation, 4 member team to India and entered into contracts of(price USD270 for yellow & 280 for Green peas C&F Bombay with additional USD1-PMT for Madras) 35,000 MTones with 12 Indian buyers(5 buyers in Bombay through a Bombay agent, 4 buyers in Delhi through a Delhi agent, 4 buyers in Calcutta through a Calcutta agent 3 buyers in Madras directly). PEASEX however did not have a formed agency agreement with any of their agents. Quality specifications given in annexure-1.
One contracts of 1000 MT yellow peas was also signed by Mr.KUGLER (opening his trip) with M/s.P.R.Trading, Madras at USD275/- PM Ton C&F Madras Sept 10th shipment on 90 days L/C basis. Letter of Credit was opened and goods were shipped with B/L dated 31st October from Rijika. Prices in the meanwhile in India had crashed due to the heavy arrivals from Hungary as 50,000 MT Peas were shipped between August and October to India. The prices in Hungary however remained more or less steady at 270/- USD C&F Bombay and 275/280 USD C&F Madras.
Mr.KUGLER received an urgent telex from M/s. Vimal Agencies in the last week of November informing that his documents of about 2000 MT were rejected by 3 Bombay buyers due to bad quality. Mr. KUGLER came down to Bombay immediately for 2 days and tried to convince the buyers to accept but failed and had to sell cargo to a new buyer at USD250/-, the main complaint was there were as high as fifteen percent split peas in the goods and excess of shrivelled peas.
In 1988, he jumped at the opportunity to join Agricoop International because this meant a promotion as well as higher pay. Moreover, he always felt that it was his efforts that resulted in ‘contracts’ and his seniors in PEASEX always took the credit for the results. PEASEX was of course No.1 Company in Hungary in the field of Agricultural produce export. PEASEX started export to Indian market during 1982/83 especially of different varieties of peas grown in Hungary. As a result of good response from the Indian buyers, PEASEX increased the turnover gradually and also encouraged more and more farmers and their cooperatives in Hungary to grow more peas for export. Production in Hungary went up from a mere 50,000 MT in 1982/83 to 200,000 MT in 1988 and thus there was need to increase the exports. India was the single largest buyer and approx 80,000 MT were exported to India and 7000 MT to Bangladesh during 1986/87. There was an internal consumption of about 70,000 MT.
Agricoop was relatively less known in India/Bangladesh market exporting hardly 5000 MT during 1986/87 season whereas PEASEX exports touched 50,000 MT to India alone during the same year. 4 other Hungarian companies shared rests of the quantities. Within a month of joining Agricoop, Mr. KUGLER was called by Mr. NAGY to start forceful efforts to increase their share in the ever expanding Indian market. He ever sanctioned a tour to India/Bangladesh for Mr. KUGLER. In the meanwhile Mr. KUGLER had already finalized a formal agency agreement with a firm in Madras(for the entire Indian market) called M/s. Vimal Agencies. Just before the harvest season of JULY/AUGUST, Mr. KUGLER paid a quick visit of 4 days to India in May 1988 and finalized export contracts of about 10,000 MT with 5 buyers in Bombay and 2 buyers in Madras all through the intermediary of M/s Vimal Agencies of Madras.
Agricoop International established in 1972 was a progressive cooperative organization in Budapest, Hungary engaged in international trade of various commodities including export of agriculture produce grown in Hungary.
As part of their strategy to increase export to Asian countries, in March 1988 the board of directors decided to expand the Agriculture produce division and recruited experienced personnel from other Hungarian companies including their competitors. The director of the Agriculture produce department was Mr. Nagy under whose charge, two more sales managers were posted including one Mr. KUGLER who had special responsibility for India and Bangladesh markets.
Mr. KUGLER had visited India in 1985&1986 while he was a ‘sales officer’ in a competitor company called PEASEX. On each occasion he was a member of a delegation which comprised of more senior personnel such as head of his department, sales manager, representative of growers organization who were much senior both in age, experience and designation than Mr. KUGLER. Having studied English as a special language in the University, Mr. KUGLER found it very easy to communicate with the companies in India and Bangladesh. Though he was the junior-most in those delegations, he seemed to play an important role during the discussions and negotiations of contracts with Indian agents and importers. The delegation used to spend about two weeks time covering Delhi, Bombay, Indore, Madras and Calcutta.