about deadfrt

seaswift

Dear Mr Yang,

Now we, as chrtrs, are engage in a case need your suggestion.

1, The relevant cp clauses asf:
1) cargo quantity: 40K +/-10% MOLOO(BSS SF: ABOUT 41 WOG), MAX LOADED QTTY TO BE 41K

2) USD12.0 PMT FIOST

3)  OTHERS AS PER CP 1994

2, THE FACT IS:
1) shipper's cargo declaration is 'SF 40-42' WOG, about 41000mt

2) master's prestowage plan is 41k based on SF41

3) during loading, owner sent an email to local agent and cc to us regarding to push agent to ask agent to push shipper to trim well for avoiding deadweight and owner will reserve right for any deadfrt.

4) before completed loading, master sent an protest email to owner, agent and shipper to clarify that vessel didn't been trimmed well and she can still  load more but shipper ignore his requirement. none of owners, agent and shipper forwarded master's email to us.

5) then vessel saided with loaded cargo quantity39500mt, and the next morning, owenrs sent a departed report to chrtrs including a setence:' cargo loaded 39510mt, short cargo 1490mt"

6) I got info from local agent that shipper did prepare cargo 41000mt, and when loading completed the last barge still has 15000mt, shipper stopped loading becoz vessel has filled up and the hatches even can't been closed.

7) I also got the info from shipper that vessel didn't load as much cargo as prestowage plan becoz of final SF=43.1.

8) 2 days later after vessel sailed, owner provide frt invoice and deadfrt to us

9) after I time and again to ask for the evidences of deadfrt, owners sent the master's protest email and loading pictures, the pictures showed that vessel loaded well, seems hatches even can't been loaded, but master said that's becoz some capacity hasn't been loaded and shipper's trimming work is terrible.

10) owners insist to collect the said deadfrt USD17880, and threaten  if chrtrs decline to pay the deadfrt BBB, they will lien cargo as per cp, but chrtrs deny that there exist any deadfrt, only remitted frt amount on the basis of quantity on B/L 39510mt,

11) then vessel berthed disport and diecharging smoothly, owners didn't lien cargo.

12) after completed discharging, settled des due to chrtrs is USD8273.23 which mutually agreed and confirmed by owners and chrtrs.

13) as per cp, des/dem settled within 30 days, when chrtrs ask for the des, owners reply that chrtrs have to pay the deadfrt, they will settle des together with des, owners mean chrtrs owe them USD9606.77.

Questions are:
1) Do there exist any deadfrt?  is the said deadfrt reasonable, fair and lawful? should chrtrs pay?
2) How should chrtrs to do for collectting the des?

Thanks in advance for your professional suggesions.