When a container has been misplaced xChange will try to find alternative solutions that will suit both parties. Note that these solutions are only to be applied if all regular options have been exhausted.
A few of the solution that has been used to solve disputes has been:
It is possible to sublease the container to a 3rd party to move the container. Note that it is the original lessee that have full responsibility for the containers and are liable to pay for any damages or issues that arise during the sublease.
Arrange a Lease Buyout
If containers are overused by 365 days the supplier can opt in to sell the boxes for the agreed DRV in the accepted deal the containers are related to. This is a clause in the Multiparty Interchange Agreement all members have signed which means the user will have to buy the containers from the suppliers.
A lease buyout can be applied earlier than 365 days if both parties agree to it.
Example: Company A uses containers from Company B. Company A overuses the container for 365 days. Company B opts in to sell the containers to Company A which is legally bound to buy the boxes as per the Multiparty Interchange Agreement.
Arrange a container swap
A container swap can be arranged if the using party have containers in a location the supplier finds suitable to them. This process will involve surveyors to ensure that the quality of the containers is similar in both locations. In case they are not of the same quality, as the fee to cover the differences in value can be arranged.
Example: Company A uses boxes from Company B from Hamburg to Shanghai. Company A cannot find Cargo ex, Hamburg, thus the boxes remain stationary. Company A has containers in Shanghai which they can then swap for Company B’s containers in Hamburg.
Arrange optional drop off locations
It is possible to negotiate optional drop off locations in case the user finds it difficult to evacuate the boxes on a specific stretch. This is not allowed to do as a way to move containers to other locations than agreed upon.
Example: Company A uses containers from Company B. The initial deal was ex Hamburg to Shanghai. The user did transhipment and the containers got stuck in Nhava Sheva. The two parties come to an agreement that Singapore would be an acceptable drop off location and the containers are moved there instead of Shanghai.
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