According to the Supreme Court, the owner had been held liable to the broker by terminating the original contract with the charterer and replacing it with a new one, regardless of the right to commission the mail-order seller. The parties had a common interest in excluding distributors from the new contract, as they could then reduce commission fees. I then started checking the full terms and was surprised when I reached the lowest point of the offer, which said: “Commission: 7.50% of freight is withdrawn and paid directly by the charterers to the brokers.” What is this 7.50% commission? Who are the brokers and how has the commission reached such high levels%? I immediately called my realtor to clear up the situation. He advised that he could only work the company on a specific brushing channel and the other broker demanded a full commission of 2.50%, without accepting a share or a decrease in his commission. First, I tried to explain to my broker that this is unfair, because he first offered the deal with a 5% commission, he did not mention anything about the other realtor, whereas the charterer should be close to him. Then I tried to negotiate a lower Commission, but he did not accept. He noted that, as the other broker was not willing to accept a lower share, he was not prepared to take a less favourable position. Finally, I tried to increase the freight, but the charterer was not ready to increase the same thing and he also held me responsible for “back-trading”. After all this, the deal failed because the brokers did not accept a reduction in their commissions and the charterers did not agree to pay a higher cargo! 11.6 Where the parties have entered into a confidentiality agreement (“NOA”) regarding the disclosure of confidential information, the NDA`s terms and conditions apply with respect to that disclosure, to the exclusion of that clause.
Has this situation been re-educated in your daily expedition or have you encountered similar situations in the past? 2.3.1. The company acts as a broker with respect to negotiations and contracts. 7.2 If the commission payable to the broker is included in a commission clause or in a particular commission agreement, the commission must be paid in accordance with this clause or agreement.