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William Augello

Articles Written By William Augello

A Victory for Importers: Carmack Amendment Applies to Import Shipments

William Augello | July 23, 2006 | Import Basics

The 2nd U.S. Circuit Court of Appeals, in a case of first impression, has shocked the railroad and motor carrier industry by deciding that the Carmack Amendment applies on the inland portion of an import shipment on a through bill of lading, to the exclusion of The Carriage of Goods by Sea Act’s (COGSA) limitation. Sompo Japan Insurance Company of America, v. Union Pacific Railroad Co., 2006 U.S. App. LEXIS 17385 (2nd. Cir., July 10, 2006).

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7 Steps for Negotiating Ocean Marine Contracts

William Augello | February 12, 2006 | Export Basics, Import Basics

Negotiating ocean marine contracts requires a great deal of expertise and differs greatly from negotiating with other modes of carriage. However, there are a few issues and techniques that should be addressed during negotiations as these issues often result in disputes with carriers and substantial losses to cargo owners.

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Ocean Carriers Can Evade Liability by Proving Their Own Negligence

William Augello | December 4, 2005
An ocean carrier is not liable for loss or damage to cargo if it can prove that the loss was caused by its negligent navigation or mismanagement of the ship!

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When Does Carrier Liability Begin and End? — Part 2

William Augello | October 23, 2005 | Import Basics
Disputes often occur in the distribution cycle over which party must bear the loss of a shipment due to a contention that the carrier had not yet taken control of the shipment or had made a “delivery” according to the bill of lading. In my last article, I discussed when carrier liability begins. This month, I’ll cover the remaining issue: when it ends.

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When Does Carrier Liability Begin and End? — Part 1

William Augello | September 5, 2005 | Import Basics
Disputes often occur in the distribution cycle over which party must bear the loss of a shipment due to a contention that the carrier had not yet taken control of the shipment or had made a “delivery” according to the bill of lading.

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Unreasonable Limitations of Liability on Cargo on Bills of Lading

William Augello | June 12, 2005 | Import Basics, Export Basics

There are many unconscionable practices taking place in the cargo liability field, but the one that takes the cake is the limitation found in cartage and drayage companies’ bills of ladings that limits liability to $50 per shipment.

Why shippers entrust these cartage companies with goods worth $1 million per container or more, particularly when the goods are at high risk of theft, is a mystery. And so is the answer frequently heard: “We have our own insurance.”

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Foreign Liability Laws May Impact Your Imports and Exports

William Augello | May 1, 2005 | Export Basics, Import Basics

In view of the fact that the United States is the largest trading nation in the world, it is easy to be complacent about the law and make cargo liability decisions based upon U.S. law or what we believe the outcome should be based on U.S. law. Occasionally, however, one may discover that a cargo movement is governed by a local law that differs substantially from U.S. law.

If a shipment originates in that foreign nation, it will be governed by the laws of that nation. Transportation laws are no exception. Transportation laws of a nation may provide a different definition of a carrier, a forwarder, or other entity than applies in the U.S.

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Security Begins at Home

William Augello | March 13, 2005 | Import Basics

Much has been written and spoken about security in transportation since 9/11, and Congress and the Administration have acted quickly and responsibly in response to terrorists’ threats and actions.

However, it is time to pull back from the legislative response to this crisis and take a closer look at the flaws in our transportation and distribution network that could result in serious damage by terrorists. At the same time, we may see an improvement in safe delivery of the nation’s goods.

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COGSA’s Gotcha's

William Augello | January 30, 2005 | Import Basics, Export Basics
Every law governing the carriage of goods contains many exculpatory clauses and “traps for the unwary.” The Carriage of Goods by Sea Act (COGSA) is no exception.

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Ocean Shipping Problems for Cargo Owners

William Augello | November 7, 2004
Shipping goods in ocean vessels invokes special problems for importers and exporters that must be addressed through education and training in transportation laws. Failure to understand the intricate terms and conditions of ocean bills of lading and tariffs can result in unrecoverable losses and unanticipated transportation costs. One of the most common causes of adverse ocean shipping experience is when a cargo owner experiences a loss, damage and delay to its cargo.

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