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Alam consulting

Lawyers from the debt collection and contractual work practices of Hinkels Law Firm acted as legal consultants to the Indian company. 

    In violation of the contract, the supplier, the Russian counterparty, failed to fulfill its obligations to the freight forwarder to pay for the delivery of the cargo, which was already en route to the Indian port of destination. 

  According to the CIF terms of delivery, the seller was obligated to deliver the goods that had been cleared for export on board the ship at the port of shipment, pay for the transportation of the goods to the port of destination, and provide minimal insurance coverage for the goods throughout the journey to the named port of destination.

   After the supplier ignored the customer's messages and requests, it was decided to prepare a pre-trial claim for the fulfillment of obligations under the contract between the supplier and the forwarder and payment for cargo transportation. 

     After the response from the supplier about the lack of funds, it was decided to prepare a trilateral agreement on the fulfillment of obligations by a third party in favor of the forwarder to pay for the delivery of the cargo. The forwarder refused to conclude a trilateral agreement in which the payment party was a foreign legal entity, the Indian buyer company. As a result, the Russian counterparty of the Indian company was involved, which became a party to the agreement.

   Hinkels lawyers provided comprehensive legal support for the entire process, including a full range of services to support negotiations between the client, supplier, forwarder and a third party, document development, preparation of necessary contractual documentation (a trilateral agreement and a foreign trade contract to reimburse a third party for the forwarder's expenses), as well as their coordination with the parties to the transaction.