![]() What can be sent in an EMS item?ĮMS items are used to send documents, goods, and other items except for those prohibited by the Universal Postal Union and laws of individual countries.īy calling 011 3607 607 or 0800 100 808, documents can be sent from the desired address from places across Serbia – in case that the weight of the item does not exceed 0.5 kg, or by submitting the item at the post office counter. Prohibited itemsĬheck the list of forbidden and conditionally accepted articles for import or transit through a specific country. Track the status of your EMS item electronically at track&trace, via Track&Trace delivery operators system, or by contacting Call Center at 0800 100 808 or 011 3 607 607, every working day from 8 till 18 hrs and on Saturdays from 8 till 15 hrs. in post offices – at the counters for EMS items reception.at the address of the sender – for documents weighing up to 0.5 kg, by calling 011 3607 607 or 0800 100 808, from 120 places in Serbia.Therefore, EMS had not been unreasonable in refusing to mediate and was entitled to their full costs, assessed on the standard basis.Ĭounsel: Marc Rowlands QC appeared on behalf of the Claimant.The Post enables quick transfer of postal items to more than 60 countries.ĮMS items are registered postal items, without indicated value and without special services, weighing up to 30 kg.ĮMS items in international traffic may contain: documents, goods, other items except those prohibited by Universal Postal Union and laws of individual countries. The offer was made a few weeks before trial where ADS had already turned down several offers to negotiate a settlement. In a later judgment on costs, Akenhead J declined to reduce EMS’s costs on the basis that it refused ADS’s offer of mediation. Akenhead J found that there was no representation or shared understandings capable of founding an estoppel. In fact the stock retained by EMS was sufficient to supply ADS’s demands before and during the notice period. Before and during the notice period EMS had indicated that it had sufficient stock of SAT-101 devices on hand to satisfy the few orders that ADS would likely place. EMS had given notice some time after it suggested that it could no longer manufacture new SAT-101 devices. ![]() Further, he rejected the allegation that EMS was in breach of their obligation to supply the SAT-111 or give one year’s notice. Therefore EMS had no obligation to supply it. He held that the SAT-221 prototype was just that – a prototype – and therefore not capable of being a derivative product. ADS claimed for loss of profit as a result of the alleged breaches.Īt trial Akenhead J found for EMS. ADS additionally claimed that EMS was estopped from denying these facts based on communications between the parties. It additionally claimed that the prototype of the SAT-221 which EMS had developed was a derivative product which ADS had the right to distribute and EMS was obliged to supply. However, as a result of the very low sales levels experienced by ADS and the introduction by EMS of a new account manager for the ADS account, the commercial relationship between the parties began to break down.ĪDS claimed that when EMS indicated that it would likely cease to manufacture SAT-101 devices but would have a certain level of stock on hand to adapt for any further orders for SAT-111 devices it was in breach of its obligation to supply the devices or give one year’s notice. In that regard, the parties discussed the possibility of developing a new device – the SAT-221 – which ADS would sell instead. Soon after entering the contract the parties discovered that an EU directive would prevent the manufacture of any further SAT-101 devices, making it difficult to supply ADS with SAT-111 devices. The SAT-111 was a modified version of an earlier device – the SAT-101 – adapted for the aeronautical market. ![]() The contract additionally provided that ADS was to be the sole distributor of any derivative product of the SAT-111. The contract provided that one year’s notice had to be given before EMS was released from its obligation to supply the devices to ADS. In December 2005 the parties entered into a contract for the development of a particular device – the SAT-111 – which was to be exclusively distributed by ADS. ![]() EMS, in partnership with ADS, manufactured such devices and provided the relay services between geostationary satellites and the fitted devices. ADS Aerospace Ltd v EMS Global Tracking LtdĬitation: EWHC 2310 (TCC), EWHC 2904 (TCC)ĪDS was a small company which intended to supply satellite tracking devices for aeroplanes and helicopters. ![]()
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