Can I sue them ?

11th, May 2001

FREEADVICE.COM

Dear Sir,

I own a business in Al-Ain, United Arab Emirates (U.A.E). I imported a spare part from a company in Florida, U.S.A. last year on 1st, June 2000. The good was delivered very late in U.A.E (on 17th, August 2000) and resulted in cancellation of the order by my customer.
The good is still in the warehouse after all these months and don't hope to sell in the near future. I have incurred huge losses due to the delay.

I paid the exporter on 1st, June 2000 by Bank Transfer.
The exporter had told me (faxed a delivery receipt) that he delivered the good to the shipping company on 12th, June 2000. I contacted both freight forwarder and shipping company but they never gave me any good response.

The shipping company issued a BILL OF LADING on 4th, July 2000 with a particular vessel name mentioned on it but actually the good was not loaded on that particular vessel. I should have received the goods on 25th, July 2000 but it was not delivered on that date. I have a copy of the CARGO ARRIVAL NOTIFICATION where the vessel name and arrival date (17, August 2000) are mentioned.

I contacted the shipping company 2 months back and they told me that the company name and management has changed & advised me to ask for claim from the INSURANCE company.

I contacted their U.A.E. office and they told me the shipping company is under same name and management.

Now could you please advise me legally ? The price of the good is US $7000 and I don't hope to sell it at the same price. I want US&8500 as damages.

I look forward to your earliest reply.

Thanks and regards,


Sheraz Razaq

SHERAZ TRADING EST.
P.O.Box 20297, Al-Ain
UNITED ARAB EMIRATES
Tel: +971 3 7212705
Fax: +971 3 7212706

My response:

As soon as you guys lower the price of oil by $10.00 per barrel to the United States of America, we'll be glad to help you, my Arab friend.

Remember when the oil fields were on fire, and we put out those fires ?

And, what "thanks" did we get from your country of sand and camels ? Higher prices, that's what we got, and that's the thanks we got.

But, when you guys want something, who do you call ? That's right, the United States of America, that's who.
"Oh help us, we're being attacked by that very, very bad Sadaam Hussein".

And then, there was the Oil Embargo by your country and the rest of you "good folks" back in 1974. We didn't get one word of an apology from your country after that little fiasco. You people think we have short memories, don't you ?

Let me know when you've spoken to the Sheik, and that the prices have dropped, with guarantees of no price hikes for the next 30 years.

Then, you and I will talk. Wait. You know what ? I don't think I'm going to help you at all. This will be ONE American who will fight back and say, to HELL with you little sand b a s t a r d s. I wouldn't help you if you offered me all the camels in your parking lot. You know, what goes around comes around.

And, how dare you come to an American Internet site asking for help ! Build your own damned Internet System, and start your own damn legal Board. So, if you think THIS American is going to help the UAE in any way, even if it's only to help you - - and against an American and an American Company, no less - - you've got too much sand in your brain.

I think the Florida company was correct anyway.

Yes, I am one, pissed off American !

IAAL

[Edited by I AM ALWAYS LIABLE on 05-11-2001 at 02:01 AM]

IAAL my friend, I respectfully suggest that you owe an apology to the original poster. I have been to the UAE (Dubai and Sharjah) and, though they are in the middle east, I found the Emirates to be very friendly, safe, and very progressive. They are a member of OPEC, but are considered to be a moderate on pricing and a 'friend' to America. Your real anger should be aimed at Saudi Arabia, which you will see on the following links is the 'real' culprit (almost 2 MILLION barrels (20%!!) under capacity). And yes, we risked our soldiers to protect their right to screw us!!!

UAE oil and exports:
http://www.opec.org/Member_Counrties/UAE/United_Arab_Emirates.htm
Actual numbers for UAE (Production over quota!):
http://www.eia.doe.gov/emeu/cabs/opec.html
UAE favors increased output:
http://www.arabia.com/article/print/0,4973,32169,00.html

I offer the following in answer to the original post:
It is very possible that you might have a case against somebody (vendor, shipper, freight forwarder, customs, etc.), but the cost of pursuing any action would far exceed the value of your limited damages. Even giving full credit for your claim of $8500 in damages (strange since you still retain the $7000 product?), if your claim is against a US company, you would have to litigate it here. And that would very possibly exceed your claim (even factoring the possible awarded costs). Unless you could show that the delay was negligence or malicious, you would probably not be awarded exemplary damages, further limiting your options.

My suggestions would be to:
1) Exhaust all avenues of settlement with the company (or companies) and/or their insurance carrier(s), both in UAE and here.
2) Mitigate your damages by arranging a sale to another, even at a loss. At least some return is better than nothing.
3) You could have a 'breach of contract' issue if the contract had specific delivery requirements. Review your documents to see if their is any provision in them (yours and theirs) in the event of delayed delivery, etc.

Best of luck....

[Edited by Halket on 05-11-2001 at 01:06 PM]

My response:

No sir. I will not apologize. These "people" hold the rope that has been used by them to strangle MY home's economy; that is, the United States of America.

I have a long memory, and remember the absolute devastation these "people" caused in 1974 (which still affects us today). These "people" are a Third World nation and group of CRIMINALS who, but for their oil, have NO appreciation for, or understanding of, the trouble they cause. They are no better than Gangs here at home, who do "drive by" shootings. Instead, they do "drive by" economic distress with their oil. That's because they are not educationally advanced to know what the hell they are doing.

When you help a person like our writer, and thereby assist the UAE as a whole, then you are helping someone who is a terrorist, and someone who has technology far beyond their evolutionary capabililties. These people have not evolved to the point of being regarded as a First World people. They are merely a bunch of "knee jerk thugs" and criminals, trying to hold the United States of America (albeit the rest of the West) hostage.

Take away their oil, and what do you have Steve ?

If you want to help the UAE, albeit in a small manner through this one writer, against an AMERICAN, then you do so at your own risk. As far as I'm concerned, you Steve are dealing with a band of backstabbing thieves and criminals.

The Yom Kippur War, which began on October 5, 1973 with an attack on Israel by Syria and Egypt, was the catalyst for the OPEC oil embargo. When the United States and many other Western countries showed strong support for Israel, the Arab members of OPEC responded by imposing an embargo on these nations. As a result, the Arab OPEC nations reduced production by five million barrels per day (bpd). Although other nations expanded production by about one million-bpd, the net result was a loss of approximately 7% of global production. As a result, oil prices nearly quadrupled between 1972 and 1974.

The oil embargo is a significant economic event for a number of reasons. First and foremost, it established OPEC as a major force to be reckoned with. The OPEC cartel was formed in September 1960. Originally there were five members: Iran, Iraq, Kuwait, Saudi Arabia and Venezuela. By the end of 1971, six other nations had joined, including Qatar, Indonesia, Libya, UNITED ARAB EMIRATES, Algeria and Nigeria. The oil embargo demonstrated that the U.S. was no longer the dominant player in the global oil market. Control of oil prices was in the hands of other nations, some of which were hostile to the U.S.

Increased control by OPEC meant that oil prices would be more volatile, making the U.S. economy vulnerable to significant external supply shocks. The rapid rise in oil prices resulting from the embargo led to a major economic recession in the U.S. Real output declined by nearly 3%, while the unemployment rate rose to 9%. In addition, inflation rose at a double-digit pace.

Even though you may not remember, Steve, I remember 1974 all too well. That's because I'm being reminded of it each and every day today. The UAE didn't have to join OPEC. But, they did so voluntarily. OPEC and the UAE, at their most basic, are nothing more than gang members, thugs and criminals.

I WILL NOT help this writer because, in the final analysis, I firmly believe I would be labeled a "TRAITOR" to do so. I will not help a foreign gang of thugs against an AMERICAN !

I respectfully request that you DELETE your response to this person.

IAAL

[Edited by I AM ALWAYS LIABLE on 05-11-2001 at 02:00 PM]

Wow!!

I can't 'paint' all people with as broad a paint brush as you seem to do. Though I may not agree with the positions taken by the people in power of a 'small third world' (??) country like the UAE, I refuse to paint ALL Arabs with 'OPEC hatred' (or anyone else). I may dislike a person, but not a people!

If I was not able to differentiate a people from its policies or practices, I might have a great hatred for (in no particular order):
1) ALL Japanese for what they allowed their soldiers to do civilians and POW's in WW2.
2) ALL Americans for what we allowed our government to do to the American Indians.
3) ALL Northerners for what they did to the south after the Civil War.
4) ALL Californians for their allowing their government to be 'bullied' by the environmentalists and not building power plants when they clearly had a need. (and now whining and blaming everyone else).
5) ALL Jews for what they did to Jesus Christ.
6) ALL Crusaders for what they did in the name of Jesus.
7) ALL Germans for what they allowed their government to happen during WW2.
8) ALL French for.... just being French.
9) ALL Vietnamese for the treatment of our prisoners.
10) ALL lawyers for the way they have screwed up the 'interpretation' of our Constitution.
11) ALL car salesman for
12) ALL Blacks for even expecting reparations for the last 450 years(?).
13) ALL Whites for the condition of slavery in the US.
14) ALL Comedians for Pauly Shore.
15) ALL Spaniards for what the conquistadors did to the Aztecs.
16) ALL British for what they did to MY ancestors (Scottish AND Irish).
AND SO ON.... this would truly be a world of chaos if we were not able to discuss and, hopefully, resolve our differences.

Oh, and while you are 'branding' people, let's not forget the other Arab nations that have NO oil and are not members of OPEC (like Egypt, Syria, Morocco, etc.). Lets not forget hatred for ALL Hispanics too, after all Venezuela is a member of OPEC. Oops, almost forgot, lets include animosity toward ALL Africans, since Nigeria is also a member of OPEC.

IAAL, I have great respect for you and your involvement on this forum, but I disagree with your position on this one. And, I have chosen to help an INDIVIDUAL (not a "foreign gang of thugs") who happens to live in the UAE. I don't see this as 'high treason'.

I suggest that we leave this issue as "an agreement to disagree".

My response:

Yes, I agree with your last sentence.

While I have my own thoughts and arguments on your various points, I will keep silent. I just wanted to let everyone know who's "Team" I was playing for.

Your friendship means more to me than keeping this heated discussion, or this thread, alive.

Yours respectfully,

IAAL