We have a difficult situation with a customer overseas. We have supplied goods to them under a FOB UK Port shipping term, covered by Incoterms® 2010. The goods have arrived with some damage and they are saying it’s our fault because we loaded them in a container! Our agent has visited the customer and it is obvious that the damage was sea-water related but they are saying we broke the contract and should have loaded the goods on board, not containerised them first. We ship everything in sea freight containers, as the whole world does. What is your advice?

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