Oil products
Memo on excess downtime of wagons
In accordance with the terms of the delivery agreement, the period of stay (use) of wagons at destination stations is 2 days for all cargoes. The specified period is calculated from the date of arrival of wagons with Goods at the station until the date of departure of the empty wagon from the destination station, including that date. At the same time, the date of arrival of wagons with goods at the destination station is not taken into account when calculating the time of excess delay of wagons, and every incomplete day is considered complete.

In caseы of downtime, our company has the right to send a claim to the Buyer demanding the collection of a fine for excessive downtime.

What should we do if receiving a claim from OOO Rice Oil Asia and/or OOO Road KG to collect a fine for excessive downtime of wagons?

If you receive a claim from OOO Rice Oil Asia and/or OOO Road KG for payment of a fine for excessive downtime of tank cars, you should check the fact of downtime within a period not exceeding 5 working days from the date of sending the claim.
In case of disagreement with the submitted claim, you must provide documented proof for the absence of downtime by sending to the e-mail address Logist@rise-oil.com within 10 (ten) calendar days from the date of sending the claim an information letter with an attachment of certified copies of the following documents:
1) railway bills of lading (loaded run, empty run) with the date stamped in the column "Arrival at the destination station", 1 and 6 sheets on both sides;
2) acceptance operator record (Form GU-45) with the date stamped in the column "cleaning";
3) sheets of delivery and cleaning of wagons (Form GU-46) with marks of the "Cleaning time";
4) general form (GU-23) if the excess downtime of tank wagons occurred due to circumstances beyond the control of the Buyer (consignee).

IMPORTANT! The information letter must necessarily contain:

  • the serial number of the incoming claim;
  • the date of the claim;
  • the amount of the fine issued in the claim;
  • the serial number of the wagons for which the claims are being challenged;
  • the name of the departure station, the destination station;
  • arrival dates of loaded and empty wagons;
  • dates of cleaning of wagons from the exhibition tracks;
  • start and end time of cargo operations;
  • the reason for the excessive downtime of wagons.

All operations indicated in the text of the letter must be documented, and links to documents must be indicated in the text. The list of documents attached to the response to the claim should be reflected in the information letter under the link of the Appendix.

In this case, circumstances beyond the control of the Buyer (consignee) are considered to be:
1) restriction of loading of goods, their transportation, transportation of empty freight wagons to railway stations due to the failure of unloading by consignees, non-acceptance of empty freight wagons by recipients (logistic control);
2) temporary cessation of loading and transportation of goods, transportation of empty freight wagons in certain railway directions (convention prohibition);
3) lack of technical or technological capabilities of the destination station;
4) the absence of blanks in the ETRAN of transportation documents for sending an empty tank.

The existence of circumstances beyond the control of the Buyer (consignee) must be confirmed by general form (GU-23).

If the documents are not provided within a period of 10 calendar days from the date of sending the claim, the claim is considered accepted by the Buyer and is due for payment.
Documents sent later than the specified deadline will not be accepted for consideration, and you will be informed by a reply letter about the refusal to consider the claim due to exceeding the allotted time for providing a response.

How do I find the above documents?
You can contact the destination railway station or contact your consignee.

Documents confirming the acceptance of documents.
In response to your incoming letter with the submitted documents, a reply will be sent to the email address specified in the contract within 5 working days with information about acceptance of the documents, refusal or request for additional information. If you have not received a response, please inform us by letter sent to: Logist@rise-oil.com or contact a claims specialist by phone + 7 (800) 222-92-25

Informing on the outcome of the review results.

The documents submitted by you are being reviewed within 2–3 months, and as a result, the claim may be partially adjusted, canceled, additional documents can be requested or refused. An appropriate response will be sent to your email address specified in the contract.

Measures taken by company to recover amounts for excess downtime of wagons.

In order to reduce accounts receivable, our company has the right to:
1. To make offsets with buyers unilaterally, or by agreement with the buyer.
2. Block the balance on the Buyer's account until the issue of downtime is fully resolved.
3. To include losses incurred as a result of the collection of amounts for downtime by our suppliers in the reconciliation report. Such losses include payment to the supplier, offset with the supplier, a court decision.
4. Petition the arbitration court to recover accounts receivable for downtime by legal means.

All measures will be applied if you fail to comply with the terms of payment and fail to provide proof of the absence of downtime within the prescribed period. If one of the measures has been applied to you, please consider it part of a workflow that does not affect our long-term partnerships.

We hope that all the issues that have arisen can be resolved without the use of penalties.
Our managers will investigate your question, prepare a proposal, and contact you as soon as possible.
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