Log In   |  Register Free Newsletter Subscription
Skip navigation
Zibb
Subscribe to Logistics Management

When is a contract not a contract…

September 12, 2009

I got an email from a colleague asking me to comment on a letter he wrote for his clients about the recent TSA rate increase in the transpacific trade. He was concerned about what to tell his clients – who had negotiated new “lower” rates and as a result built their budget and retail pricing off of the rates. With the “sudden” increase the client’s margin was under squeeze.

My answer – should have factored in a GRI for the year.

A comment by client was “they can’t do that – we have a contract!” I suggested a review of the contract – and the clause that “allowed” for GRI and EBAF, BAF, and the rest of the ways that a carrier can recover costs.  

Anybody that has been in the business for more than 10 years knows that the current rates cannot support the cash flow requirements of the carriers.  Even as the container lines shed capacity, more comes on line in the form of bigger ships ordered when the business was good. The lines are looking at a cliff of higher capital costs in the next two years. They really need to “earn” more per container. The lines have ships coming out of the yards that they have to start paying for. Every line has more capacity than it knows what to do with.

It is an issue of economics 101 – Supply & Demand. The carriers are reducing supply as fast as they can – even with the tidal wave of new capacity on the way. But each has to increase revenue to live. If you don’t think ocean carriers can “die” – go review the news for the past year – smaller players have quite the business. The carriers are also in “active” mode to reduce capacity – pulling ships out of strings and eliminating strings all together. I would not bet against the carrier’s ability to pull more capacity out of the market.

So what does the smart shipper do? It depends on if you have volume to ship, or you are on the margin – and therefore are looked upon as “margin” by the carriers.

If you move big volume – you have lots of contracts to move lots of boxes – some with NVOCC’s. You have flexibility, and can shift cargo around – to a point. 

If you are small - you are using a forwarder or NVOCC. While the NVOCC has “volume” rates from the combined flow there is always the margin. Small shippers do not have the flexibility the larger players do.

What some smart shippers do is make sure that there are no surprises. Sometimes that is paying a little bit more than most of the market – let the carrier make some profit – and in a sense pay “GRI Insurance”.   

Other smart shippers take the lower rates – but in their planning budget in the risk of a GRI mid-contract. If the GRI comes in – then the budget covers it. If the GRI does not appear – the shipper “beats” the budget. 

Part of our jobs as Logisticians is to identify the risks of not meeting the goals and eliminating the risks.  In the Risk = Reward equation there is two sides to the “equals sign”. You can reduce risk or you can reduce reward in your plans. Hedge your bets – “sandbag” the budget a bit, and the risk of a GRI “surprise” is reduced.  The other was to reduce the risk is to watch and understand the economics behind the carriers – understand which ones are levered and which ones are not. That includes looking deep into the finances of the carrier – if they let you. If they don’t – don’t do business. They checked out your credit, you must check theirs. Play with the ones that are less levered.

Posted by David Schneider on September 12, 2009 | Comments (5)

October 23, 2009
In response to: When is a contract not a contract…
What? commented:

To answer your question about the suggestion to my referencing on the adjective used -Sandbag; see your quote (”You can reduce risk or you can reduce reward in your plans. Hedge your bets – “sandbag” the budget a bit, and the risk of a GRI “surprise” is reduced.” ). You are right in saying that most transportation companies are not public. However, enough are, and show the direction of the industry from a pricing/profitability standpoint. Mr Maltz is also correct that this industry is incredibly cyclical, and that these are truly historic times from a transportation standpoint. However, you create an air of mistrust because you are suggesting to your readers that they pad their budget. Your last paragraph becomes the focal point, because it is clearly what you want your readers to be left with based on the font and bold type. Now in response you provide some further clarification with the suggestion around predictability. I’m not disagreeing that paying above a rock bottom rate is the right thing to do. It is, and partnership is a two way street. Carriers have to make money so that you can have your freight moved long term at a reasonable price. Companies can make better decisions around capital allocation when the costs associated with operations are normalized as much as possible. On both issues, I agree. Your answer to my comment is how this article should have been written in the first place, leaving out the term “sandbag”. Shippers are still having a difficult time explaining the aforementioned rational, with consultant’s and 3PL’s promising 18-22% reductions in cost. The adjective used to describe the act of how the budget is built, implies an artificial building up of a budget. If that budget money that is partially allocated in advance of the expense being incurred, and is never fully realized, you are robbing the enterprise of the ability to optimize and plan capital investments or growth. That is what I am saying creates mistrust post mortem, during a budget review at the very least, or a surprise when the CEO/CFO doesn’t know why the budget was “padded” and they raise the question. I don’t disagree with the rational behind planning, but for those who are bright eyed and bushy tailed, they make take away unintended suggestions. Maybe a better way to “beat the budget” is a combination of good planning, and continuous improvement. At least that’s how I’d do it.


October 23, 2009
In response to: When is a contract not a contract…
JLH commented:

Thanks


September 25, 2009
In response to: When is a contract not a contract…
David Schneider commented:

Strong words from "WHAT". A lot of air about how CEO's and CFO's being aware of the events. Where is the suggestion to Sandbag? No suggestion made - you build a budget based on what you need to sustain the business. What I suggest is to work to a rate that fits your budget - and the predictability you need to. Budgets are flexible within themselves. If you pay more "here" - you have to pay less "there" to balance. And many many more transportation companies are not "public" as you suggest - 3/4 are private - they have to "give you" the financials. And how does this apprach to carrier relation management does this create an air of mistrust? If you are doing your jobcommunicating your strategy to your "boss" - how is it not transparent? You openly negoiate with the carier to pay above a rate to assure capacity and support - now while rates are in freefall and later when capacity does get tight and the market can price higher. So - How would you do it?


September 21, 2009
In response to: When is a contract not a contract…
What? commented:

Why does the budget have to be "sandbagged"? If a transportation professional is still appropriately planning, executing, and communicating in an environment with unpredictable surprises (a true logistician's job) they don't have to lie. CEO's and CFO's read the paper. They fill up their gas tanks too. A simple google search on "Freight" and "Rates" will yield topics about the current insustainability of the industry and its pricing. They aren't oblivious to the challenges in the transportation carrier market, as many of those companies are public, thus their financials are public. In your suggestion, you foster the creation of an air of mistrust, that only does our industry injustice to those of us who fulfill our obligations.


September 20, 2009
In response to: When is a contract not a contract…
Arnie Maltz commented:

I just had a similar question posed to me at a mining conference-hence the issue was bulk shipping. I ended up with similar suggestions, but you put it much more clearly than I did. Transportation is cyclic-people ought to expect the ups and downs

POST A COMMENT
Display Name
captcha

Before submitting this form, please type the characters displayed above. Note the letters are case sensitive:

Advertisement
vertical_160_homepageMMHVCad
Advertisement
Logistics Management NEWSLETTERS
Logistics Preview
This Week in Logistics
Supply Chain & Logistics Tech Briefs
Supply Chain Executive Briefing
Supply Chain Executive Resources



Please read our Privacy Policy

About Us   |   Advertising Info   |   Site Map   |   Contact Us   |   FREE Subscription   |   RSS
© 2009 Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.
Use of this Web site is subject to its Terms of Use | Privacy Policy
Please visit these other Reed Business sites