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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101436
Experience:  Lawyer
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I am looking for legal advise with trade law in canada,

Customer Question

Hi I am looking for legal advise with trade law in canada
JA: What state are you in? It matters because laws vary by location.
Customer: ontario
JA: Has anything been filed or reported?
Customer: no not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is a a problem with a shipment and liabilities
Submitted: 11 months ago.
Category: Canada Law
Expert:  Debra replied 11 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 11 months ago.

Please start at the beginning and tell me the basic facts and then your specific question.


Customer: replied 11 months ago.
we bought a folding machine from India.The shipper arranged and paid for the shipping of the equipment to us in Toronto Canada.When the machine came in it was not cleared from customs as the packing the shipper or his agent used was not fumigated prpoerly so bugs were found. The shipping line took the shipment to Belgium repacked it and brought it back.
The machine is in Toronto but the shipping line's agent is not releasing the machine to us whereas we have paid the full amount for the machine already .They are asking us to pay for the repacking
Customer: replied 11 months ago.
the agent represents the shipping line in India
Expert:  Debra replied 11 months ago.

This makes no sense of course. They are the reason they had to repack and reship.

I suggest that you call the seller in India, explain the facts, make it clear you will sue if you are not provided with the machine as the problems that caused the additional fees were caused by them and not by you.

If you know a lawyer in India then have that lawyer call them now.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 11 months ago.
The shipper in India is not responding . The shiiping agent has no right to hold our shipment as we have paid for the machine ,customs and tax. We need to take action against them .They can claim the money from the shipper who arranged shipping through them what do you suggest .Is there any law to protect us as consignee.
Expert:  Debra replied 11 months ago.

You can have a lawyer send them a letter threatening a lawsuit as do not owe any money and now own the machine.

They have to look to the seller.

Expert:  Debra replied 11 months ago.

Is there anything more I can help you with at this point in time?