DHL refuses delivery
DHL refuses delivery
On Nov. 21, 2002, I received a call from a counter service
staff member from DHL (PT Birotika Semesta) advising me that a
laptop had been delivered from the United Kingdom for me. They
immediately rang me as I had been waiting for the arrival of the
package from my company in the UK.
To my surprise, the DHL employee informed me that an import
duty of Rp 6.5 million had been imposed by the customs office
which DHL has already paid and that I would have to reimburse DHL
if I wanted the laptop delivered.
To cut a long story short, I replied in writing to the call
center manager, Juni J. W. Riwu, to make it clear that the
shipment was noncommercial and a personal belonging. That was why
on the airway bill, section No. 6 titled "Dutiable Shipments Only
(WPS)" (Customs Requirement), the shipper deliberately left all
parts of that section empty so that DHL would not declare the
shipment as dutiable, i.e. the shipment consisted of a personal
belonging that should not be subject to import duty charges.
It is the responsibility of DHL to read and follow the
instructions in the airway bill. So the argument that DHL raised
in regards to the absence of the writing "personal effects" in
the airway bill is nonsense and is not supported by any written
regulation, as Ms. Myura Arsianti from DHL already admitted.
Hence, it is crystal clear that DHL has violated the written
contract as specified in the airway bill, by not following the
instruction from the shipper. By the same token, DHL should bear
the cost in full for the improper import duty charges. There is
no reason at all why the customer should bear the cost of the
consequences of DHL's wrongdoing.
On Nov. 29, 2002, my colleague from the UK asked DHL to return
the shipment back to UK. But DHL refused to do so and even asked
him to pay the import duties. While, according to the terms and
conditions in the airway bill. DHL is responsible to return the
shipment if the receiver refuses to pay for delivery.
In conclusion, DHL had no reason at all to hold the shipment
from the beginning.
JOHANES HARTONO, Jakarta