Why a trading company was only able to recover a half of the losses

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Aksay Yugkomplekt company, a supplier of raw stuff for food industry, faced problems in the case of compensation of damages for a stolen shipment. Aksay Yugkomplekt executed on November 30 of 2012 an agreement on transportation services with the Aspect company, charging it with delivery of the shipments. According to the agreement, the expeditor provided the delivery of the entrusted cargo to the destination. The wholesale company was responsible for the cargo’s transfer to the executor, who would have the duly made waybill and the power of attorney signed by the official and stamped by the shipping company.

The shipper has made many deliveries for the wholesale company. According to the delivery request dated January 22 of 2013, where the means of transportation, the driver V.V.Pozharnov, the addresses and dates of loading and unloading were indicated, the Aspect company undertook to take a shipment from Saint Petersburg to Rostov-on-Don. The application contained no signature of the client, only the signature of an employee and the stamp of the shipping company, because an employee of Aksay Yugkomplekt spoke to the manager of Aspect about the need to deliver the goods purchased by his company over the phone.

According to the client, the same telephone conversation mentioned the goods and its value: coconut oil, 948 123 roubles. However, the shipper processed the request with a mistake, indicating margarine on pallets (20 tons) valued at 498 000 roubles. The sender loaded the goods and indicated a shipment of coconut oil valued at 948 123 roubles in the consignment note and the bill of lading. The driver signed the documents and went. The goods did not arrive at the destination on time: an employee of the shipper told the wholesaler that the shipment had been stolen. The client sent a claim to the shipper on January 28 of 2013, but the demand to compensate the losses was not met. Aksay Yugkomplekt filed on March 7 of 2013 a claim with the court demanding compensation of the losses in the amount of 948 123 roubles.

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