Document B5XB8Gj67o2Keb2QQaOE4eR3J

Monsanto CORPORATE DISTRIBUTION, EUROPE i 'NITED KINGDOM OFFICE 11 REPORT OF AN INCIDENT INVOLVING DAMAGE AT SEA TO PART OF A CONSIGNMENT OF AROCLOR 1016N DESPATCHED FROM NEWPORT WORKS TO THE S/S SERRA BRANCA AT LIVERPOOL FOR SANTOS, BRAZIL : CUSTOMER ORDER NO DESPATCH DATE/NEWPORT SAILING DATE/LIVERPOOL VESSEL ROTATION DATE OF INCIDENT : INDUCON DO BRAZIL * : EE 769436 * : 5TH DECEMBER 1974 : 16TH JANUARY 1975 ! LIVERPOOL/GLASGOW/MIDDLES BROUGH : 17TH JANUARY 1975 * APPENDIX I Prepared by : RWD MACINTOSH January 1975 MONS 04104E SERRA BRANCA INCIDENT AT MIDDLESBROUGH 1 CONCLUSION : By Friday, 31st January, almost two weeks after the Serra Branca had docked at Middlesbrough, all clean up work was completed, the residual waste materials used during the operations returned to Newport for destruction and the vessel was making preparations to sail. Infrutra GmbH, the European Agent for the Shipowners, authorised the UK Agent, Lamport & Holt, Liverpool, to release the Bs/L for the original 109 drums, and our customer billing therefore proceeded as for any normal transaction. The draft of a letter confirming our custody of the damaged Aroclor was agreed with Infrutra and is now being legalised and endorsed by the Brasilian Con sulate in London, whereupon it will be airmailed to the Lines' office in Rio de Janeiro to await arrival of the vessel. Confirmation is to hand from the Guardian Royal Ex change Insurance Company, London agents for Motor Union, Brazil, that the latter are holding the original consignment insured; their Surveyor has inspected the damaged material in our custody at Newport and will no doubt agree a salvage value with us in due course. I All Monsanto costs which have been incurred in dealing .with the incident have been isolated in a special cost centre at Newport I be entered in due and a claim for their recovery course on the cargo insurers. will i The incident was very briefly reported in the Middles brough local press on the 20th January but there was no further reference to it in the local or national ) press and PR Depar.tment._did not consider it necessary to issue the statement which they had prepared. ^ A file on the incident has been assembled in London, including some ten pages of notes recording details as they occurred. The contents are available should they be required, in support of our claims or any legal actions which may follow. MONS 041043 SERRA BRANCA INCIDENT AT MIDDLESBROUGH 2 THE INCIDENT : After loading our 109 drums of material at Liverpool, the SERRA BRANCA sailed to her next port of.call which was Glasgow and en route encountered storm conditions at sea during which it is reported that our cargo, which was stowed in the port side after end of No: 3 Tween Deck, broke loose and 60 of the 109 drums fell into the open deep tank through No: 3 hatch. These drums suffered considerable damage and an unspecified number were holed and leaking. The incident was reported, presumably by ship's telegraph through the agent to Newport, by whom arrangements were made for retrieval of 3 drums said to be leaking, together with some powder material, the property of another shipper, said to have been contaminated with Aroclor. It is reported that a representative of the Protection and Indemnity Insurance Company, acting for the shipowners, joined the vessel at Glasgow and proceeded on the voyage to Middlesbrough, during which his closer inspection revealed the fuller extent of the damage and the nature of the material which was leaking from our drums. Thi: presumably would have been specified in the ship's manifest. It is also understood that in consequence the P&I Insurance Company required the ship's master to discharge at Middlesbrough the entire contents of the No: 3 tweendeck's hold and the deep tank so that the full extent of any con tamination could be identified and the vessel cleaned before proceeding on her voyage to Santos. It was said that the P&I were prepared to with-hold insurance cover if the shipowners refused to comply with this instruction. CARGO_DAMAGE : . When the first report of the incident was received a meeting was urgently convened by Corporate Distribution, London and one of the first actions to be initiated was the appointment of an independent cargo surveyor at Middlesbrough, who was instructed to act as an observer in Monsanto's interests and, during the course of his inspection of the cargo, to pay particular attention to the conditions under which the Aroclor loaded at Liverpool was stowed. ,* 0 1 * 0 SNOW SERRA BRANCA INCIDENT AT MIDDLESBROUGH 3 An extract from the Survey Report is attached (Appendix II) and this reveals that all of the damaged Aroclor drums were by then located in the deep tank into which they had fallen the 46 remaining in the tweendecks being apparently in sound condition, although overstowed by a powdered material which was packed in cardboard containers which had also been damaged resulting in much spillage of their contents. A verbal report from our surveyor, following his inspection, indicated that in addition to the damaged Aroclor drums, the deep tank contained something in excess of 1000 drums of miscellaneous cargo. Assuming that any spilled Aroclor could be cleaned off these drums it, therefore, seemed possible that no other shippers' goods had been actually contaminated with our product. With the exception of the small quantity of powdered material which we retrieved at Glasgow this subsequently turned out to be the case. TERMS 0F_SALE : The first point to be established in considering our course of action wa3 the ownership of the goods as indicated by the transaction documents. JTerms of sale were shown on our invoice to bef'FOB Plus freighp and it was confirmed I with Brussels that the original order was similarly drawn.l FOB plus freight is an unconventional basis for a sales contract and was apparently adopted for transactions with Brazil because their commercial law requires that marine insurance on Brazilian imports be effected by local insurance companies as a pre-requisite to obtaining an Import Licence. However, as our Brazilian customer Inducon was not represented hare by a buying or forwarding agent, and as we were paying ocean freight and other charges. Bills of Lading had to be I taken out in the name of Monsanto as snippers. Thus, the ' transaction was being effected, de facto, upon a C&F basis under marine insurance presumed to have been arranged by the receiver, Inducon. The implications of the foregoing are not unimportant as the extent of our involvement, legal liability, and any actions which we might or might not take in dealing with the situation at Middlesbrough related directly to determination of ownership of the goods at the time of the incident. MONS 041045 SERRA BRANCA INCIDENT AT MIDDLESBROUGH 4 OWNERSHIP : Any transaction involving deep sea shipment of goods to a foreign customer is governed by two basic instruments. One is the Contract of Sale which should specify by the use of international commercial terms (INCOTERMS) the point and place at which ownership of the goods will pass from seller to buyer. The other is the Bill of Lading which is the document of title to the goods whilst in transit between eeller and buyer. Clearly these two documents must not be in conflict, if confusion about title and liability is to be avoided in the event of a mishap. In the case in question, the documents are in conflict unless supported by a statement that we are acting as forwarding agents for our customer. Our Contract of Sale with Inducon, if construed as an FOB sale, implies that ownership should transfer at the ship's rail at the port of loading; in which case it would have been proper for the buyer to have accepted to pay for the goods at that point, whereas we have N. stipulated payment against a term draft which may not be J presented by the receiving bank until after arrival of / the goods at port of discharge. As we also paid the ocean freight to Santos it is difficult to define how our "FOB and freight" contract differs from the more usual "C AND F* - except in the expression of the cost of goods plus charges on our invoice (on which the final sum is indeed shown as the total cost "C&F Santos"). The Bill of Lading (Appendix III) had to be drawn to the order of Monsanto as shippers, thus giving us title to the goods during transit and up to ship's rail at port of discharge, and consequently conflicting with the FOB terms of the Contract of Sale. It is important to note that, notwithstanding the points made above, our actions at Middlesbrough were based upon our contention that we had effected an FOB transaction and were not, therefore, the owners of the goods at the time of the incident. MONS 041046 SERRA BRANCA INCIDENT AT MIDDLESBROUGH 5 MONSANTO ASSISTANCE S. OBJECTIVES : During initial discussions between Distribution/Legal/ Insurance/Sales Services and Public Relations reps at which the Company's position was defined, the following primary objectives were established. 1. That we should make available at Middlesbrough all the expert advice and assistance at our disposal, without prejudice, and in such manner as to avoid any responsibility or liability for any actions taken upon our advice or costs arising from the incident. 2. That we should ensure that the spillage of Aroclor was properly contained and all residual material and contaminated waste be given into our safe custody in the interests of environ mental control and to preserve the attitude of Monsanto world-wide toward the handling of PCB's. Both of these objectives have been achieved, subject to ultimate definition of responsibility arising from ownership of goods at the time of the incident. NORMAL_PROCEDURE : We informed the Shipowners that in our expert opinion the Aroclor which had to be decanted from the 57 damaged drums at Middlesbrough would be unfit for sale (out of spec.) and. because of its hazard to the environment, should be left in our custody, along with 3 retrieved from Glasgow, pending instructions from its owners or insurers. We would have expected them to act upon our advice and after clean up of the vessel, to proceed to destination, where they would short present the remaining 49 drums against Bills of Lading for 109; whereupon the receiver would enter a claim on his insurers (now known to be Motor Union, Brazil) for the difference. Motor Union would instruct Monsanto about salvage or destruction, their loss no doubt being reduced -if we were able to re-work the damaged material. This indeed is the procedure now in train but there were a series of constraints which- for some time prevented its getting under way. MQNS 041047 SERRA BRANCA INCIDENT AT MIDDLESBROUGH 6 CONSTRAINTS : 1. Having established at Middlesbrough a recommended procedure for offloading all the cargo from No: 3 hold and the deep tank, containing suitable provisions for the safety of personnel, contain ment of spillage, decanting of damaged drums, retrieval of all residues and cleaning of the vessel, the first problem arose when the dockers walked off the scene, believing Aroclor to present a serious hazard to personnel. After two days this was resolved. 2. Then the Manager of the Port Authority refused to permit discharge until someone (anyone?) presented him with a total indemnity for 20,000. Writer confirmed no such indemnity would be provided by Monsanto. After a further two days, an indemnity wns signed by the P&I Insurance Company, but limited to operations aboard the vessel. It was rejected, as Dock Company required total indemnity covering all operations associated with the incident until all affected cargo was removed from dock premises. After a further day's delay the matter was resolved, presumably by removal of the ::: `:ri ction by PSI ar.d discharge commenced at lola hours on Friday, 25th January. During the week there had been a threat to move the vessel to Rotterdam and discharge the contaminated cargo there. Writer alerted DTI in case their assistance was needed to detain the vessel and effect the discharge at Middlesbrough. 3. Also during the week it was learned that Lines' agent in Liverpool refused to release the Bill of Lading on grounds of mis-declaration (see text of telexes at Appendix IV), which was refuted. They continued to with-hold the Bs/L on instructions from their Hamburg office. 4. Upon completion of unloading and decanting of 57 damaged drums into new drums supplied from Newport, all these drums, including damaged empties, were loaded on road vehicle prior to transfer to Newport. Shipowners refused to release the truck pending our agreement to issue new Bs/L for 49 drums of material which were undamaged and restowed on board. Writer refused, as we had shipped 109 drums at Liverpool. ..../...... HONS 0 4 1 0 4 8 SERRA BRANCA INCIDENT AT MIDDLESBROUGH 7 4. They then requested replacement of 60 damaged drums with drums of new materialwhereupon they would release Bs/L for 109; Brussels were agreeable to this but writer refused as no drummed material was immediately available from Newport and shipment of the order quantity would have removed the possibility of any claim by Inducon under their marine insurance, thus leaving us with various irrecoverable losses, including provision of 60 drums of new material ($13000-less salvage of the quantities retrieved from the Serra Branca). The writer also reminded the Shipowner that refusal to release Bs/L after commencement of voyage could be an illegal act. As a final alternative the Shipowners said they would re-load the damaged material from the road truck. Writer warned that in Monsanto opinion this was now out of specification, albeit safely packed in new drums, would be rejected by the receiver and would have to be returned to UK for salvage or destruction. 5. It v:as at this steuu that the reason for the I,ir.es' attitude became evident. Their European Agent in Hamburg informed us that under Brazil Customs regulations the quantity of cargo landed must agree with that specified on the Bs/L or Manifest. If there was a major discrepancy, the vessel was likely to be detained and a fine imposed on the owners of up to 120% of the value of cargo short landed ($15600). This was not our problem but we offered to assist by issuing a letter, legalised and endorsed by the UK Brazilian Consulate, as evidence that Monsanto had custody at Newport of the missing cargo. This offer was ultimately accepted and our Bs/L for 109 drums shipped at Liverpool were released. The truck load of damaged drums was also released from the dock at Middlesbrough and proceeded to Newport. MQNS 041049 SERRA BRANCA INCIDENT AT MIDDLESBROUGH 8 CO-ORDINATION : In dealing with an incident such as this, a great many people are likely to have an interest'and a need to be involved. Experience, therefore, suggests that it is vital to set up quickly centres of communication and co-ordination, which ideally Bhould be as close to the scene as is practicable. It is equally important in avoiding utter confusion that there is minimal inter ference with the judgement of the man on the scene - assuming he will ask for help,advice or decisions when he needs them - and that his time is not wasted giving the same answers to a host of different questionners. All concerned, at whatever stage they enter the situation, should follow the ground rule of seeking to communicate only through the centre and issuing instructions only through the co-ordinator. For interest, the following is a list of internal departments and outside bodies (individuals aside) who were involved in the Serra Branca incident. INTERNAL : Newport Ruabon - Production - Distribution - Dr Kupp London - Corporate Distribution - Insurance - Legal - Public Relations - Sales Services Seal_Sands Brussels - Various staff and Plant personnel - Company Distribution (MICC) .- Corporate Distribution - Marketing - Field Sales - Trade Relations (Environment) Sao Paijlo - Distribution - Field Sales MQNS 041050 SERRA BRANCA INCIDENT AT MIDDLESBROUGH 9 EXTERNAL : Serra Branca - P6J insurance Company - Guardian, Royal Exchange Insurance Company Constantine & Company - Johnson, Sons & Mowatt - Tees Harbour Authority - Tees Factory Inspectorate - Tees DOE Inspectorate - Tees Customs Office - DOTI (Dangerous Goods Section) _ Lamport & Holt - Biggland & Hogg - Infrulra GmbH - C.Shaw Lovell - Master and Officers For Shipowners Agent for customer's insurers Cargo Surveyors fox Monsanto Cargo Surveyors for GRE Insurance Lines' Agent, Liverpool Lines' Agent, Middlesbrough Lines' Agent, Europe Monsanto Agent, Liverpool Additionally - local haulage contractors, dock labour representatives, special cleaning crews etc................... There was communication through London during the two weeks in question with everyone of the Bodies listed above. MONS 041051 APPENDIX I '"WIBnsanto limited MONSANTO House, 10*1# VICTORIA STREET, LONOON SW1H ON Cl TEL 01*222 S67E TELEX 91 SO 9' YOUR OAOCR NO. INSUREO VALUE delivery terms P.O.B. U.K. . POiiT + FREIGHT The 90CCH ipecifled in this document aro inturad for an amount of .............. M valued In accordance with inwrenee condition! Mated on certificate of Inturance. Nett cash 90 deys draft D/A Indueon Bo Brazil Capacitorcs S.A. (CX.INT.1513)> hua Julio Ribeiro 2309 .`ianto Aamro - Sao Paulo - Brazil, (C.T,:.P. 04717) 27405 CUSTOMS OOCUMENTS Per s.8."SE.<HA BRAI!' Sailing 16th Januar. Prom Liverpool to b. OwneretEmpreea da H INVOICE OATS 9th December, 1975 SHIPPED TO ANO/OR MARKS JNDUCON AJIOCLOR 1016 N SANTOS INVOICl DESCRIPTION 652 02 900 50 4l QUANTITY Ou.io de importacao No.52-14/16559 dated 25.10.74 ^.i Id unti 1 21.4*75 (Total Shipment) Aroclor 1016 N 109 x 275 Kg.Drums iu.1040.56? ; ^.29975 *ga. 0.766 P.O.B. U.K. ' PORT Excluding Various Cba. Total Crooss329l8 kilos MoasuromentsiSB.O x 59*5cma. Cofie heclr29.02.99.00 Oualquer outro dexivade halo.'renado de hidrocarboneto aromatico,1RI CLQRO DIFSNIL INDUSTRIAL. Cxau de pureza. 96# flRieo. llquidot Bnbalagsm Tanbores de a so o / capncidada aprox. para 27216 kgs. Nome Comeroial "AROCLOR 1016 IT* * Para uso na Industria |Electrica, FabricRhtetMonsanto Ltd.,Monsanto House, 10-18 Victoria Street,London SWl H ONft.Inglaterra. L'xportadoriO meemo. 29975 Kgs. 9 US^.0.786 psr kg. F.0.3. U.K. PORT Excluding Various Chargjes 10179*46 Plus Various Chargee |5.00 P.O.B. U.K. PGKT Ineludiag Various Charges 10182.46 P'lus "Freight JS5LSSL C. &. F. SANTOS 11339*55 _____ 6-2't ?bl ft, l/ft PLEASE PAY THIS AMOUNT We heresy certify that the |M4t charted en thf, Mtvefee ere of erfIMi manufacture. In cate ef thdrtatc dr daman to a ihlement Inwred Mdntewte Oeen caver with Ll#Vd* Underwriter,, pieeae mat the wwet tdwarde the etrritr delete tlynlnt hit dltcneree. Then electa eenteei the neeres Ueye't etent ter lurvey tnd tettlement. HONS 041052 ikpo;;?a:;t ' Thia product contains POLYhilLC..II.'ATii]) 31i3uIIiYLS (PCB'S) which sorr.3 ... rv:.v be persistent, an environmental contarain&nt and, possibly, ir..iur; vforr: of bird, aquatic ar.u animal life* Prevent any entry into the- *.r. / .'.nllo, leakage, disposal, vapourisation, re-use of containers or c\,o. lilla, lockages and uaste product must be collected, v of this product most be restricted 1.o applications vhich car* bo .cj.' i/.tr.y into the environment does not occur ar.d to applications in whicr. * .1,10 contact with food, animal foodstuffs or pharmaceuticals. ' e r.oroby certify that the Invoice to Inducon ho Brazil Capacitores *1 .vrewith ia authentic ard the value csho*.;n thereon namely 'CS^.lh v iual sellirvr price for export of the goods based on local market *.ivt the merchandise herein is of United Xinjdca Origin and that we a;.- for the importers in Brazil". " e hereby certify that tne yelling prices". ksjappearing on this Invoice are t: HONS 041053 Survey SCHEDULE APPENDIX II Not*: It I* Hie rs*|X>nibilitv of the Auiiroil to ooporoto tho domuod packagea from the annul. In MM of ftfcorUfft. Lloyd'. Aatnln nbould aute if powible, in Addition to tbo followinj doUilo. tho invoicod and landed aoifbto of tho (oodt.oloo weifht at time of luraoy Mniiiii hih! Number* No. of PuckftflfH Description of Good. Quantities Sound QuontibM Missing or Dsmsfd 1HUX0N "AnOClDB" U16 N JANTOS STEEL OftUK NOT ASCERTAI NED AROCLOR* LIQUID .21 k.75 fl.tf. iCRHA BRANCA TECS/BRAZIL SURtfCY REPORT MHA_QEg_P_RUW$_RRflCLOR" LIQUID At tho rocuoot of nanoonto Ltd,, of London I violtod thjo b.v, "Sorro lying ofiunt nt f> uerth, T dock and with tho poi m of tho Chiofr (jfflcor exnminod the tow of HH Stool druno of "Aroelor" liquid, I found 60 Prune wc.ro stowodl in Stirbofrd forward ond of tho doop tpnk No. 3 hatch tho rcaiaininq 6 drupi woro etiwod In tho Port oldo oftor of nuobor tl tworn dec;. Tho druao In tho| doop took I found to bo looooly otowodl ond not ooeuri with oovoral druot 4 tho fore ond orocod coorox 2 foot opo|rtf tMo lo ini opinion without projlnd^e nn u.motltfostocy ctow ond t fours upon inopoct^ knot thoro woro opprb 40 drun i olroody oot/oroly damaged wljth curohing nri ouopectrd ltrokngc , uith po .xiulo donogi to tho rewind The otow in tho oftor ond of nuBber tnroo twoon dock i tho port oldp I found to bo secure}) by two A ^ngtho of 1;" dio otool wlro ^nd o pioco ofi tiooor roilod ovor thi i longht fiwa drum* ot tho foro ondL tho druno wo| found overttowod by btout cordl iord druno werkau FISON powdpi ' which it woi ooporont nod broke lb.moo md o ^vtrol hod loot pert conOnnte^ Thlo otow *y opioA-m without projl|jdieo io r4 t ootlofoctovy* o violol ox; lnotlon reveal otf two drum# with contoiet donts *iit apporontly no lockage. Tho Chlof Office; ototod hot on voyage frou Llworpool oftor tho d: woro loodod to Gloegpi tho ve* >el oxporirnesd Colo force wi ido frow tho S I heavy boo ond roll) nd thot during hoovy rolling tho 1}" die Stool Wiro leeurlng tho originol otow of U9 druBO in tho oftor ond Port oldo or nunhor throo tw dock snapped, tho dr *>ocoo loooo ond ouotoinod donogo epuolng leakage! Throo druno woro londod ot Gltegow on unfit for eorriggo ond 60 druoo foil into tho opon doop took - durling tho ho. ivy rolling ond pitching oxpa rloneod on poo puKVfY copy MOWS 041054 Should any of the information callod for in khio report not be available, the reaeon for the omieeion ehould be etoted 22LL LD'*C op.Y CCHCOLTLC C Report No. 3/1*575 STANDARD FORM OF SURVEY REPORT (GOODS) for use by LLOYD'S AGENTS and SUB-AGENTS only Thin irt"in tunned jot um in connection with the claim aaainnt flit parties renitnnniblr. but ,/,.rs (hut the f<>Hn in irrm'rroMr from Underwriter*. Th\n mnnt fiepend upon the terms 0/ the Point, /,, Niitm- of ('mihiwiK'i1 of aomin KcIumIoIi- in unnrxad Nmnc ul for mtrvay ... ... ... If uwxtf. l.iiiiiHln|i|Hil. iinmcl*) of cinema) aarr> iue M'km'Km) iiiii) of I rim-dinnui iil |x>rtW NiMiK'iif M'swl from w hich uoodh diM'hnruad ... IWI .1 ..I.i. i. OSflBWM *"** ... Data of mm a) of <>hm') at |tort WHIWMR. If Imitluil li\ lielilcT. ilali' of iliwlmiei- Hilo lichti rx Dale* ecicNlh Imnlcil nl (Mil l of iliiM'luueo ... Stnl<> iriiKOti for dul.ix. if miy. in lichlcr . .. .. XNDUCON 00 QnAZlL, SAQ Pt-.JL RONSANTO LT ., L5YOON NOT APPLICA LC SERRA BRANCA (BRAZILIAN) nZOOLCSoAOUCN 19TH JAwUARY 1375 NOT APPLICABLE NOT APPLICABLE lot \\an ........ .. . given to vchwI on diKehnrgr' 1.1) NO l/il If mil. llu'ii Klalc <`S(-(*|itioiis notcii on raeaipl (/l, ORunS DENTED AND OAflACEJ (. I \\\m 11 clantt KM-oi liven in lighter (//) If not, 1 lien klnli' i pImiiK noil'll i (ri NOT APPLICABLE (1/1 * 'ill Mule of rneeipl of fiimiU h\ (*i|Minni I/.; ('.'ii.Iil am of i.uoiU ni l mu' Miiic null'll Us ('axiom* . mi id Date of deliven of giwnl* fniin Cui-limi* .. ''/1 ('inntitinn of enotlxnl llml litne--Htnip execpl imis nnli'il nil receipt NOT APPLICABLE 1. (nl Dale of Ichvur.i lo place whare Kiir\a> held ... U) DHiii, if nns, in taking delivery stated by Ud MT APPL1CADLL (.'oiiMfinoi' to bo duo lo b. (<1) K.sternal condition of paokagee when delivered to place whew survey held, mm reported by Consignee (,,) orwis ommcco sonc lcakiho (b) Wa* a dean receipt given nt the time of delivery!' lb) NOT APPLICAaiC If not. elate exceptions noted on receipt (r) External condition of packages nt time of eurvey to l> 0.--Date of application for eurvey......................................... 21ST JANUARY 1975 7.--(tt) Delay, if any, in applying for eurvey due to ... () NOT APPLICABLE (f) If eurvey not held in Coneignee'a premiecs. elate () STZLL ON VESSEL Coneignee'e reneon for not taking delivery H.--Dnfe and place of eurvey ......................................... SuSahMia! Ma*iMl nIm*"<iVimr*raO*i *' l>Wl 21,1.75 NO* 3 DEfiTH TECS00CK II.- (n) Nature of exterior and interior pricking ... IUMHN IH OrMill . (k) New or twcondUtvml t ... ... ... (r) Whether cuatomnry t ... ... ... ... (fi) STEEL ORUflS ... (!>) NEU ... (<) TCS 10. (n) Dcw-nplion of loee/damnge () 5EC SURVEY REPORT {/) CiiMHe. nflar examination, attributed hy the (k) SEE SURVCY REPORT Kiuvcyor to (Thr Kurwi** lim.l.l Ukr. It '~a.ll.la., ((> rlmnuaMntw In MQNS 041055 II.- -In Mo)<r A#ent nwitrt of Any emhmlly mi(Tried by the rnrrying vcmoI to which the low liiimagr touml might lw nitnlnilAlili" It mo. brief drtnil. should tie given It. Hum Du1 whipping invi)iri` hcun inspuiio.1 On llto diile of compromise n sole. i|h> arrived Minmi mitrltel Milnr of tho iliimago.l goods IllllOlllltOll to CAlt rORCC MINOS ANO HMVV SCA ANO SWELL TCI NO X Ml US #26248.97 to ilir iiiIitomI of nil cmii'i'mi'il. Ihe il.mingr I III M ll('t'l) ilMMTMM'ii ill Mill Ilf 10111(11011111.1'. Iirill mi nllmwime nu Minted .omul market i.iloo Iiiii* Ih'i'H iiuiri'il .niiomilmg to No rimiproniise Ih'iiiu itgreod tnlh ('.msigiiiT. (lie ilniiM^i'il guo.1- mi'i i' n it I. niii ii |i|.i >i\,i | s.ilil lo |nilili' Mill* ot- ptmilo letulor lor .0 to ml ol ('oiisiL'ni-i-. The (iriMi'i'ik ni-coiiiil 'nil's. a iin mi lit oil (o II l.iruMi it :a-1jicl> I NOT ASCCATA1NC0 NOT APOUCAtLC Dill it's |i i nlilo on I hr goods in soil ml slnl e m o . in t iru oi lo-s nr .hiMmgr Inis rnn-.ii.-noi' applied for h m-ImiIi' of dot \ :* Jfjm^wil h ivhnt still * Has nrieiiiiil i-o|o lull of linlmu Im-oo i?is|irle.t NIL. __________ NOT APPlICABtC ' IIh'i i'Oi lo I he ( Otnlilion niisomee itiM'ii imi i iiiinle i l.uiti miaiKsl ..til I Coi-l-tet-.. or I in i Ires iIf not. mIiuI ilo<-s ('otisu'tu'o gin* It iiiilK i' giten or rlaioi oi.ole -l.iir - i)nle mt mIiii'Ii t'oif ignei' stale, it11ii Ins rnslixh Ilnti' on which f,mtigticr em . la i e,ill. if a., NOT APPLICABLE lo f'.l'l l-'I's Ma, v nureemeitt ! Name of Sum.not n|i|mmiiHl lo filnxil'K Agent sIumiM Is. .(nOmssI 1 ' ' 11 l,4> Pmaher mmwrhe; I NOTH i If Uni. Ml Mu 1. MIIm .urvsr NOT APPLICABLE C*PT, a.A. WATSON HONS 041056 SiptMlure of Sumrgnr. Certified correct And Approved. Mid ImuciI without prejudice And aubject to the term*, condition* And mnownt the Policy of Inearance. . (pUce) NI00U9M0U6H (d*U) 9mry | 78 The following fee* hnve been paid by Consignee> Agency Pee 8.00 Surveyor'* Fee 12.00 Eipeneee 2.00 AMniatntlofl Pm M5S ACfy Ltr.i ToUl 20.00 Sip 7>S AdlCNTtS) O SERRA BRANCA INCIDENT AT MIDDLESBROUGH APPENDIX IV TEXT OF TELEX PROM INFRUTRA GmbH, HAMBURG TO C.SHAW LOVELL, LIVERPOOL. WE CERTAINLY KNOW THE DIFFICULTIES INVOLVED WITH THE RETAINMENT OF THE BILLS OF LADING. HOWEVER, AS YOU KNOW THE EVENTS DURING THE TRANSIT FROM LIVERPOOL TO GLASGOW HAVE CREATED A SPECIAL SITUATION. WE HAVE NOT BEEN AWARE NOR WARNED ABOUT THE TOXIC ATTITUDE OF THIS COMMODITY AND ONLY NOW WHEN THE DRUMS WERE DAMAGED SHIPPERS DISCLOSE HOW DANGEROUS THIS COMMODITY IS. WE HAVE TO CONSIDER THIS AS A MISREPRESENTATION AND THIS IS THE REASON WHY WE FIRST WANT THE END OF THE AFFAIR TO BE SEEN BEFORE GIVING AWAY THE ORIGINAL BILLS OF LADING. REPLY FROM C.SHAW LOVELL. MUST ON BEHALF OF OUR PRINCIPALS MONSANTO LIMITED REPUDIATE LIABILITY REGARDING YOUR STATEMENT MIS REPRESENTATION. HAZARDOUS DECLARATION WAS ATTACHED TO SHIPPING NOTE WHICH WAS ALSO CLAUSED "DANGEROUS HAZARDOUS CATEGORY 9" IN ACCORDANCE WITH B.O.T. REGULATIONS. PLEASE RELEASE B/L ACCORDINGLY. MONS 041058 PRESS STATEMENT APPENDIX V For uae in event of queries concerning Aroclor in Middlesbrough A Brazilian vessel en route from Glasgow to Middlesbrough encountered a storm which resulted in damages to a small number of drums of Aroclor which were stored in the hold. Monsanto has sent specialists to Middlesbrough docks where the vessel is currently berthed to investigate the situation. Assistance has been provided with the handling of damaged drums and we will be making arrangements for the recovery and disposal of any product not suitable for further shipment. Aroclor is a dielectric fluid which if correctly handled according to instructions printed on all packages does not present any abnormal hazard to human health. 24th January. 1975 MONS 041059 2m Suslvev SCHEDULE NuTKU is the responsibility of the Assured to ssperwt* the damnged pecksges from the sound. Id omc of shortage, Lloyd's Agents should state it possible, in addition to tho following dotoils. the invoioed and landed weights of the goods, also weight at time of survey. Marks and Numbers No. of Package* Description of Goods Quantities Sound Quantities or uatnng] IMOUCOM MOCUMt* 101SN SANTbd STCCL OROR3 ASOCLOS* XM LIQUID I? At ^ho roqueat of flonaonte Limited, of Li I attandodi tho abowa waaaal * o. 3 bafth Toot Dock during tha unitiding, elamln^ dacantlnb of daoliagkd druaa to now druoat landing and loading bf tdiielM fro* nuopir fchraa loop took of tho oooool* All1 paraormol ngwgad in th# operation oarf fully oqulppld with daaontaolwntlon cl^l'ining* boots and glovao in Jipeordaneo with! rogulntinnai a aan<4ait situated In tho nuabor torn# tween oMk of' terpaidling forwlrid of tho daap tank was eonakruetad and druoa of "f INAaCL1 C.i.K. wiirs pi seed at aaeh alda of thi aandplt for Aloanlng ana dreoptaoinntloq of tha arums from tho tfoaptU*, ooporato pottonnol frao tho stsvsdorsd being engaged for this purp^w, sstrsetor] fans won wood to kantllata the doap tank* On (rldsy 24tti, tha unloading froo tho nuaoar throa daap(tank all dru4 being lifted to tsroan daafc onaro oaahlng i ff with finaaol ok plaea Ibaforo druoa wara otowatf to noli #toety Saturday 25th, 31 qruaa of "Aroe&ar" wara l&ftad to twoon goal 2ithi lamia;iry 26 druwia of "Areolar" wara llftad ko twoon dacO, of tho 67 druoa 23 found to bo hoavlly daoalad and wara * aantod to now dfiuoa, all druoa wara elaanad with rinoaal and landed < a vahialaa for tranaiitjort id honaanto, Newport aa ^oa oil aantao^natad atariali waad in ration* R< lnlng in iosoI wore 49 dtissa found to |ba in good or< oondltlof|, baing < dowad in tho aftar ani port a of nuobor and aoi (in oy opinion without pro^ud^mi in o ootlai^tory aondltlofj far tho of tha eonalgnaa HONS 041060 3' IKPO-'TANT ' Tnis product contains P01*iJllLG.-ill'ACXO BlPKDIi'YLS (PCB'S) which some studies have shewn iu.y be persistent, an environrental contanin&nt and, possibly, injurious to certain ferns of bird, act uc. tic ana animal life. Prevent any entry into the environment through aptlls, leakages, disposal, vapourisation, ro-une of containers or otherwise, Spills, leakages and waste product must be collected. *J;e of this product must be restricted to applications which can be controlled so that entry into tne environment does not occur and to applications in which it cannot cose into contact with food, animl feeds tuffs or pharmaceuticals. hereby certify tr.at the Invoice to Inducon Do Brazil Capacitores S.A. submitted Herewith iu authentic and that the value shown thereon namely TJSJJ.26245.37 is the actual celling price for export of the goods based on local narket quotations and that the merchandise herein is of United Kingdom Origin and that we are not the agents for the importers in 3razil". " herei-.v ecnerrtt:ify that tne celling prices" ring ox; this Invoice are true and correct HQNS 041061 Should any ol the infonnotion called far in thio report not be available, the reason lor the omission should be stated LLOYD'S Report No. tCMtPUtl C flTANDARD FORM OF SURVEY REPORT (GOODS) for use by LLOYD'S AGENTS and SUB-AGENTS only '/'/ns I'tftnrt is Umueil for mu; in connection with the claim aftainet the partite re*/fONife/r. feu/ doee not unt>ln that the hmn it irrorcvnhlr front IJiiilrnrritrr*. Thin mint depend Vfton the tr.rmt of the Polity of Joturaoee. 1. [a) Nmnr of CoiiNiuticr of himhIm KiM'i-iilcd in annexed <> 1NOUCOR 00 BRAZIL. SAO PAULO. BRAZIL Hilii'diili- (fe) Nimiu1 of A|t|iliiun1 fnv *iirvc> ... ... U) If iommIm ivnmdTipisnl, nwmeUl oi nviiihmt carrying vi>hhi*|(h) mill of transhipment |inrl() (W (r) RUNSANTO LMIIT..0, LCMULH NOT APPLICABLE (/) Nmnr of vcmH i'moi aliirh goods disclnM-Keil W) SCRIIA BRANCA (r) I'nrt at which good* dwUnrued ... ... ... MRULESliNOUCH (/) Dull' of mi ivnl of vessel at porl of disehnrgf (/) 19TH JANUARY 19TS (/) If l.tndrtl l>y lighter, dole* of discharge into lighters <> NLT APPLICABLE {It) l>li> itnmln lauded at |vl of discharge W* 2ATH/27TH JANUARY 1975 |i) Hltilr reason fordi'la.i. if uni. in lighter. . ACT APPLICABLE U, (1 \V* u elcmi iwriyl given Ui vesuri on diHclwinte ? ("1 NO RECEIPT GIVEN (h) If mil. Ilioii stale t'M'i'filioiiK nnii'il on reecipl ... (A) (r ) Win. n rloiiii i'fv<`i|il given In lighter on landing? I (') NOT APPLICABLE (//) )f nol. Ilii'ii hliilu i-M-i'pliotis noli'il on ecceipt ... I UI) H. Ui) Dull* of r<>(Ti|it ol goods l> ('iikIoiuk ... ... (if) (/>) Cumlil inn of i*imhIk nl llml liinr -Male except inn* </i) noli'il h> (Inslnms (c) Dull* of delivery of gmsls from Custom* ... ... (r) (i/I ('oiidilimi of gondsat thal limn-- state exceptions UI) noli'il on ivreipt 26TVHTH JANUfdlY 1979 3-1 GUHVIT REPORT 2BTR JANUARY 1975 SEC bUftWCV REPORT I. ini Date of delivery Io place where survey held ... In) Ui) Delay. if miy, in inking delivery stalod by <fe) Consignee to bo duo to 26TH/27TH JANUARY 1975 fi. -() Kxlevmtl condition of jmckago* when delivered to pbu-e where survey held, us reported by Consignee (fe) Wm s elenn receipt given nt the time of delivery? It not, state exception* noted on receipt (<) External ooadiUon of paekaget at time of survey () SCC SURVCY REPORT NO SCC SURVEY REPORT 6.--Date of application for sum} .. MIN JANUARY 1975 7.--(f) Dels.v. if any, in applying for survey due to (it) If aurvey not held in Consignee's premia**, st Consignee's reason for not taking delivery NONE It--Date end place of survey ...................................... **.R*.lwBtuma,KIsChMwms.ChnUim Mmmb twwm,. aicr. NAlB SBNAB f IlMB* *. UTTBYBU.I UTH/MTHOTTH/nTH JANUARY 197b NO. 3 BERTH TECS DOCK 0.-(ff) Nature of cxierinr and interior packing ... (It) Now or aecoud'hnnd f (r) Whether customary T ... ............................. I (fe) ......................................... (p) 10.--(e) Deemption of loaa/danMge I (a) STEEL OrtURS NCu YES fCE SURVEY REPORT (6) Canin', aflrr examination, attrihntcd by the Harvey nr to (TW Hnupiw SmS.I Male, If |BNKU>ip. Um> rlir.NMMiBWM la .fck-H l4--f>lBm* ,um mfrruil IP MUBmfBd I (t>) SEE SURVEY BEPORT HONS 041062 11.--Ie Lloyd's Agsnt aware of any casualty differed by the carrying vceeel to which the loas/damag* found might be attributable? If mo, brief detail* ehould be given KMT MMTMU W PMMfiC 111.--Ilea the ahipping uivoire lieen inmeclwl ? ... IA.--On the tbile of oompromine or **ie. the arrived wound market value of the datnngod good* amounted to <Ntotr lwU*r iHrt* l*iM at id Hvari.i ______ SI*____ W. M____________________ tU.S. 2*2*5-37 14.- Iii the internal of nil purlieu concerned, the damage )ihh Itemi awteaaed by way of eompromiae. nml im Allowance on arrived wound murkot value Iinr Iteen agreed Amounting to NOT ftSaftTAINtD Ifi.- No compromise twin*: agreed with ConHumoe. the damaged woods were with our approval wild hv pnhlir wile nr private tender for account of Conaiffner. The proceed**, oh |**r allarhetl account owlet*. amounted to If for ,i| rruBtn ll* inmiili h* net br*e Minie**r in- Hit CnNW*** t.tnrl' Aiteet MwtHl rM***tn *h| I NOT APPLICABLE HI.Duties im.vNhie on the good* ill wound wtule are ... --------- Mil--------------------------------------- 17.- In view of Ionn nr damage hna Conaiffnee Applied for a rebate of dut.\ ? If no. with what rehiilt ? NOT APPLICABLE I*.--() llua original copy bill of lading lieen mnpectctlf W u (IhiN'W whirl***** tieet n*t triOr' (/*) Wlml in the reference therein to the condition (b) of the woods? If), -(o) Ihm ('onaianre given notice of loon damage tn or made claim hmmiiihI K|i>.ihiIii|i. Hallway, other Curriers or Haileea ? (nl HOI APPLICABLC (6) If not. uhat linen Consignee wive an rewwon? ... If not ire given nr claim made state (c) Ditto on which Constance state* goods delivcml into Ilia cuwtody (d) Date on whirli Conaianee gave notice of loos damage or made claim aad to whom addroMcd (r) Summary of replv. if any. iw*ivpd ................ (CiaiimilMo 'Mi CarriwWHiil--i le &**WcS*4 If > <M (rl U) <) (/) Waa a mirvpy In Carriers'Bailee* and Coitaignco W held? If ao. an what date and where? #0.--Sterling rate of exchange on date ot tale or agreement as to loos WON NOT APPLICABLE 21.--Name of Hurveyor appointed by Lloyd1* Agent ... ill Niirvtm I* iMutlwr *| LH mm i **, ihw* tut MimM It* iMu*n*a.> CAPT. fl A. WATSON . __ . H.--Further remark*: mMOlT*Sl--Ilf*IikmiwDmm mm -- hi Ohy I* *ii*Im amn mm m assy mm. HONS 0 4 1 0 6 3 Stg*w<*r tf Surveyor. Certified aerreet end approved, and issued without prajudioa end robieet to the term*, condition* end amount of the Policy of Insuraece. . (place) NIOOUMROUCN limit) U1T 3MUM7 liT Tbo Mlowlni fee* ltav* boon paid by Consignee Agency Fee 10*00 Surveyor'* Foe S000 Expense* AOniN, ftt 3*fi0 0.10 , Total B4.00 BitnmtMttfZ-LO YDf A G KNIT S). </