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