Document e7XLQoqyOaZYOk1npZDp0adjm

SERRA BRANCA INCIDENT AT MIDDLESBROUGH DISTRIBUTION LIST : NEWPORT : DB SHEARN AC HI RON C SMITH T WHITTAKER TH WILLIAMS GT JONES RUABON : DR KUPP LONDON : JD LOVERIDGE JA SMITH E BRACKEN RC GRAY/L WATSHAM BRUSSELS : RH SIMPSON FS POULOS i CR PERRY PI MARSH / JN HAGGART S TUROVER D MILLMAN AE MEADOWCROFT \ SAO PAULO : DUARTE LEITE SEAL SANDS : N ROBERTS R WILLIAMS/M BOWEN DSW 266340 STLCOPCB4062516 CORPORATE DISTRIBUTION, EUROPE UNITED KINGDOM OFFICE 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 APPENDIX I INDUCON DO BRAZIL * EE 769436 * 5TH DECEMBER 1974 16TH JANUARY 1975 LIVERPOOL/GLASGOW/MIDDLESBROUGH 17TH JANUARY 1975 Prepared by : RWD MACINTOSH January 1975 dSVM 266341 STLCOPCB4062517 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 Brazilian 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. (All Monsanto costs which have been incurred in dealing ; :with the incident have been isolated in a special cost |centre at Newport and a claim for their recovery will | be entered in due course on the cargo insurers. 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 Department 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. DSW 266342 STLCOPCB4062518 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. T'nis 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 cover if the shipowners refused to comply with this instruction. insurance 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. uj STLCOPCB4062519 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 drum's, 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 OF SALE : The first point to be established in considering our course of action was the ownership of the goods as .indicated by the transaction documents. Terms of sale were shown on our invoice to be^FOB Plus freight^ and it was confirmed with Brussels that the original order was similarly drawn. 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 here by a buying or forwarding agent, and as we were paying ocean freight and other charges. Bills of Lading had to be | 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. ' DSW 266344 STLCOPCB4062520 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 seller 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 stipulated payment against a term presented by the receiving bank un 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. DSW 266345 STLCOPCB4062521 SERRA BRANCA INCIDENT AT MIDDLESBROUGH 5 MONSANTO ASSISTANCE & 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. DSW266346 STLCOPCB4062522 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 was 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 ail affected cargo was removed from dock premises. After a further day's delay the matter was resolved, presumably by removal of the restriction by PS:I and discharge commenced at 1615 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. DSW 266347 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. ..../..... STLCOPCB4062523 SERRA BRANCA INCIDENT AT MIDDLESBROUGH 7 4. They then requested replacement of 60 damaged drums with drums of new material,- whereupon 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 was at this stage that the reason for the Lines' 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. DSW 266348 STLCOPCB4062524 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 should 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 communicate only through the centre and issuing instructions only through the co-ordinator. to 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 Sao Paulo Various staff and Plant personnel Company Distribution (MICC) Corporate Distribution Marketing Field Sales Trade Relations (Environment) Distribution Field Sales DSW 266349 STLCOPCB4062525 SERRA BRANCA INCIDENT AT MIDDLESBROUGH 9 EXTERNAL : Serra Branca - P&I 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 - Infrutra GmbH - C.Shaw Lovell - Master and Officers For Shipowners Agent for customer's insurers Cargo Surveyors for 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. '' DSW 266350 STLCOPCB4062526 nsanto APPENDIX I . "^fflTONSANTO LIMITED MONSANTO HOUSE. 10-18 VICTORIA STREET. LONDON SW1H ONQ TEL 01 -222 6678 TELEX 91 60 93 INVOICE YOUR ORDER NO. INSURED VALUE DELIVERY TERMS F.O.B. U.K. POET + FREIGHT The goods specified in ibis document are insured for an amount of . . . . so valued in accordance with insurance conditions stated on certificate of insurance. DESPATCH FROIV DATE DES- ,'CHC Nett cash 90 days draft D/A Indueon Bo Brazil o h Capacitorcs S.A. (CX.INT.1515)j O oJ tn Rua Julio Ribeiro 2309 Santo Amaro - Sao Paulo - Brazil. (C.E.P. 04717) 27405 VO) z UJ CUSTOMS DOCUMENTS Per s.s.,,SE:<3A BRAN Sailing l6t-h Januar From Liverpool to S OwnerssEmpresa de R iVO ' O': INVOICE DATE 9th December, 1975 PLEA' SHIPPED TO AND/OR MARKS INDUCON AHOCLGR 1016 N SANTOS DESCRIPTION 652 02 900 50 SI QUANTITY PRICE PER i; Gu.ia de Importacao No.52--74/l6539 da-ced i23.lO.74 "alid until 21.4-75 (Total Shipmenltc) Aroclor 1016 N 109 x 275 kg.Drums 29975 kgs. $.0,766 k . 16.1040.362 F.O.B. U.K PORT Excluding Va.. rious Charges Total Gross02918 kilos Measurements:88.0 x 59*5cms. Cons Beds29.02.99-00 Qualquer outro del ivado halogenado de hidrocarboneto aromatico,! RI CLORO DIFENXL INDUSTRIAL. Grau de pureza. 96$ estado fisico. liquido: Embalagem Tambores de e CO o / capncidads aprox. para 27216 kgs. Nome Comercial "AROCLOR 1016 N". Para uso na Industria Electrica. Fabricahte;Monsanto Ltd.,Monsanto House, 10-18 Tic toria Street, London SWl H ONQ,.Inglate|rra. L'xportadorrO mesmo. 29975 kgs. @ US^.0.786 per kg. P.O.'S. U.K. PORT Excluding Various Charges 10179*46 Plus Various Charges ________ _k.00 F.O.B. U.K. PORT Including Various Charges 10182.46 Plus Freight C. &. F. SANTOS .1127.S.Q2. 11359*55 US$.23560.35 _______ 6.Q-1 li 3$.2y'<6'V..'9" 2678.08 PLEASE PAY THIS AMOUNT We hereby certify thit the goods charged on this Invoice ere of British manufacture. In case of shortage or damage to e shipment Insured under Monsanto Open Cover with. Lloyd's Underwriters, please make the usual reserves towards the carrier before signing his discharge. Then please contact the nearest Lloyd's agent for survey and settlement. - DSW 266351 STLCOPCB4062527 IMPOivTANT "This product contains POLYCELO::II-IATiD BIETELYLS (PCB'S) which some stuii . may he persistent, an environmental contaminant and, possibly, injurious ' forms of bird, aquatic and animal life. Prevent any entry into the err/:., spills, leakages, disposal, vapourisation, re-use of containers or otner ... . . frpiils, leakages and waste product must be collected. Use of this product must be restricted to applications which can be ccnir. . entry into the environment does not occur and to applications in which i into contact with food, animal feedstuffs or pharmaceuticals. "he hereby certify that the Invoice to Incucon Bo Brazil Capacitores fh. herewith is authentic and that the value shown thereon namely US>.2c24y..actual selling price for export of the goods based on local market quera that the merchandise herein is of United Kingdom Origin and that we are : . for the importers in Brazil". , "he hereby certify that the figyr.ts .appearing on this Invoice are true selling' prices". //.' iMi \ P.I&brLdge Mon ' ` ' ' ' X- DSW 266352 STLCOPCB4062528 1 Crr 5uRVV SCHEDULE APPENDIX II Note : It is the responsibility of the Assured to separate the damaged packages from the sound. In case of shortage, Lloyd's Agents should state if possible, in addition to the following details, the invoiced and landed weights of the goods, also weight at time of survey. Marks and Numbers No. of Packages Description of Goods Quantities Sound Quantities Missing or Damaged 1N0UCDN "AnoCLOR" 1G16 N SANTOS 106 STEEL DRUMS NOT ASCERTA [NED "ARQCLQR" LIQUID .21 .75 n.v. $ERRA BRANCA TEES/BRAZIL SUR /CY REPORT DAMAGED 0RUM5 "ARQCL0R" LIQUjlD At the recuest o r Ransento Ltd., of London I via!tad thi v. "Serra Irenca" lying afloat nt tin. 3 berth, Tfe^dock and with tha parmiaalsn of the Chief Officer examined the stow of l106 Steal drums of "Arcelor" l(i quid, 1 found that 60 drums were stowed in Sterboi rd forward and of tha deap nk No. 3 hatch t the remaining 46 dru|n a were et4>ued in tha Port side after ehd of number trirae twaen dec;. The drume in the deep tank I found to bs loosely stowed and not secured with several drums at the fore end acaced eoorox 2 feet apar t, this is in my opinion without prejudice an uiji satisfactory stow and I found upon inspect Lon that there were apprjx 40 drum? already severely damaged wit,h curehing da sage and suspected leakngp, with po r.ible damage to the remalnde The stow in the after end of number three tueen deck op the port aidi I found to be secure^ by two lengths of i}" dia steal wire snd a piece of 5" x 5" timber railed over t rb lenght of five drumB at the fore end the druse wa r# found overstowed by stGut cardboard drums marked FI50N poudja r which it wa > apparent had broke 1 yose end several hed lost pert cor.nsnt:s. This stow in oy opiotbjn without prejb dice is not satisfactory, e vieial ex<.sm lnation revealed two drums with conta :t dents bjjt apparently no leakage. The Chief Officsr stated hat on voyage from Liverpool aftsr the drum were.loaded to Glasgow the ve& :,el experienced Gale Force ui 1 da froia tha SJ and heavy sea and railJ snd that dtji ring heavy rolling the 1^" di t Steal Wire securing the original stow of 109 drums in this after end Port aids or number three twasn deck snapped, the drgis became loosa and sustained damage causing leakage Three driwBE were landed at Giisgow an unfit for carriage and 60 ruae fell into tha open deep tank - dur.ng the hen vy rolling end pitching exp arlsncad on pas tags. 1st 5u R.VtV COP.Y DSW 266353 STLCOPCB4062529 Should any of the information called for in this report not be available, the reason for the omission should be stated LLOYD'S PY SCHEDULE C Report No. 3/1975 STANDARD FORM OF SURVEY REPORT (GOODS) for use by LLOYD'S AGENTS and SUB-AGENTS only This report is issued for use in connection with the claim against the parties responsible, but dors not that the loss is recoverable from Underwriters. This must depend upon the terms of the Polie// nf Ins,. I.~ (a) Niinu' of Consignee of goods specified in annexed Schedule {b) Name of Applicant for survey ... ... le) If goods transhipped, nanio(s) of original carrying vessel(s) and nf transhipment port(s) (</) Name of vessel from which goods discharged ... (r) Port at which goods ... (./) Date of arrival of vessel at port ig) If landed hy lighter, date of discharge into lighters (A) Date goods landed at port of discharge ... ... (/) State reason for delay, if any, in lighter... ... la) INDUCON DO BRAZIL, SP.O PA-JLG - . (6) MONSANTO LT *. , LONDON (e) NOT APPLICABLE {fD SERNA BRANCA (BRAZILIAN) I,,) MIDDLESBROUGH tf) 19TH 3AUUARY 1375 '(fJ) NOT APPLICABLE ill) (;) NOT APPLICABLE 2. Ini Was a clean receipt given to vessel on discharge'.' la) NO lb) If not, then state exceptions noted on receipt ... (h] DRUMS DENTED AND DAMAGED (e) Was a clean receipt given to lighter on landing? ((.) NOT APPLICABLE , ---- n (it) If not, then state exceptions noted on receipt ... if/) Dale of receipt of goods hy Customs ... . [b) Condition of guuils at tliat time--staic exceptions ; i'/l noted by Customs tr) Date of delivery of goods from Customs ... . 'd' Condition of goods at that time--state exceptions j noted on receipt NOT APPLICABLE 1. -- (n.l Date of delivery to place where survey field ... (a) lb) Delay, if any, in taking delivery stated by (b) NOT APPLICABLE Consignee to be due to -() External condition of packages when delivered to place where survey held, as reported by Consignee (a) DRUMS DAMAGED SOME LEAKING (b) Was a clean receipt given at the time of delivery? (b) NOT APPLICABLE If not, state exceptions noted on receipt (e) External condition of packages at time of survey (c) AS (*) 6.--Date of application for survey... 21ST 3ANUARY 1575 7.--(a) Delay, if any, in applying for survey due to ... (b) If survey not held in Consignee's premises, state Consignee's reason for not taking delivery () NOT APPLICABLE () STILL ON VESSEL H.--Date and place of survey ... ... ... , (fitate, for example, if in Customs, Custom House warehouse, ConKiiptee's warehouse ov ou (play. If not at i>ort of diftclian;e, state oame of place where surveyed.) 21.1.73 NO. 3 DEPTH TECSOOCK 9.--(a) Nature of exterior and interior packing (Describe in detail) _ (b) New or second-hand ? ... ... (c) Whether customary ? ... ... () STEEL DRUMS (b) NEU (c) YES 10.--(//) Description of loss/dnmnge (a) -SEE SURVEY REPORT (I) Cause, after examination, attributed by the (b) SEE SURVEY REPORT Surveyor to (Tin- Surveyor kIiouM htotc, if hnssihtr, the cl re in;; 'tr. net's In DSW 266354 STLCOPCB4062530 11.--Is Lloyd's Agent aware of any casualty suffered by the carrying vessel to which the loss damage found might he attributable? If so, brief details should be given 12.- [las the shipping invoice been inspected ? ... 1:1.--On the date of compromise or sale, the arrived sound market value of the damaged goods amounted to fStati* whether Duty Paid or in Mmd.' CALC FORCE VINOS AND HEAVY SEA AND SUEU. YES NO X 325 US if 26245.37 1 1. In tli< interest of all parlies concerned. (lie damage lias been assessed by way of compromise, and an allowance on arrived sound market \alue lias been agreed amounting to 1 ' No compromise being agreed with Consignee, the damaged good.* were with our approval sold b\ public sale or private tender for account of Consignee. Tbe proceeds, as per attached account sales, amounted to <tf fontnv reason the arnei-eds have not hn*n taken over h\ the L'nnginm c, I,Inyd'H should c\|iluin \\h\ 1 Id. Duties payable on the goods in sound slate are ... IT. In view of loss or damage has Consignee applied for a rebate of duty? If so. with what result ? Is. //' Mas original copy bill of lading been inspected'.1 < I )rli l \t hii'he\er d ir.1* Ilol 11 p'.l> .' i/d What is the reference therein to tin* condition of tIn* goods ? Id. '/it Mas Consigner given notice of ln>s damage to or made claim against Steamship. Railway, other Carriers or Bailees V </d If not. what does Consignee give as reason? ... If notice given or claim made >late: r! Dale on which Consignee slate* good?* deliveiod into his custody u/) Dale on which Consignee gave notice of In** - ----- damage or made claim ami To vvlimn 1,iiv> .s/u! ad Siimniiin of reply, if any. received . .. *( 'rr'^iuuidriu.'*' with (,'n rrn*i--.'liu i !-<*'- to w- M! t-i. , a i inM </' Whs :i survey In Curriers Bailees am! Consignee held .' TC mi. on what date and v her- V . i >l i ling rate of exchange on date nl >ale or' agreement as to loss was .'1. Name of Sui-vvyoi- appointed hv Lloyd's Aimrit ... '.ifsShouurvldeyhoi;r miseantimoneemdb.)er of Uoyd s \ueni* smlf, this fact NOT ASCERTAINED NOT APPLICABLE WTI NOT APPLICABLE NO (M NOT APPLICABLE V>) (e) (l 1 NOT APPLICABLE CAPT. R.A. GRAYSON 22. -I'mther remarks: NOTH If there has Iwcn any delay in holdiny sm-vcv ur in iHsuinc re|x>rt tbe reanonn must |>e stated. ' DSW 266355 Signature of Sttrvcyor. Certified correct and approved, and issued without prejudice and subject to the terms, conditions and amount of the Policy of Insurance. , (place) HIDOLESBROUGH (date) 22nd Oanuary 19 75 The following fees have been paid by Consignee:-- cv ^ ACA' Agency Fee Surveyor's Fee 5.00 12*00.vxrrr'Vv*- Expenses 2*00 Administration Faa 0.50 Total 20.00 Sign J)-S AGENT(S). STLCOPCB4062531 SMir-pci i MONSANTO LIMITED, 10/18, VICTORIA STREET, LONDON. SW1H ONQ. 61BILL OF LADING , APPENDIX Hi CAN. 12712. ?. Min : ORDER NOTIFY: INDUCON DO BRAZIL CAPAC3TORES S.A.(CX.INT.1513) RUA JULIO RIBEIRO 2389, SANTO AMARO-SAO PAULO BRAZIL (C.E.P. 04717) , lUil' (if pie-CDi riage) M i \\f. EMPP.CCA 06 NA'.'E~ACAO Ai >r Hi,A :.r. r>r lANri-'n icvnc/' /. a.- vtiniz. ?! a nr; : ;r. > <.*, .-Hi-v-ir ,, k \ !!i ..Sen A^eni, nr L:t ji-; im in nr\ Q`JG GMBH & cn H/Wi iu'R.j 1 . i cri SERRA BRANCA SANTOS 1 *vIc im fJ JS.: Pnrt of loaning: LIVERPOOL Pot t * M 'St ination ff nr,.| ,ji i : jl-.ir.d of pact age1:; PHONr '!. KVingi.: p.;>jbir * LIVERPOOL i-/v St_r Ipt.. :'. .`J. Nlif.lh*' * I `if i' . THREE j INDUCCN j AROCLOR 1016 N ; SANTOS : 1-109 i i i 109 DRUMS AROCLOR 101S N 34.531 CoM. 26.70 B/SCH. @ lift, S/CONG. @ 8% B/LADING VISA L.H.C. @ 1.00 P.T.K. 921.98 161.35 1083.33 73.75 1157.09 3.00 1160.09 32.92 1193.01 32918 KILOS 34.531 CoM. ONE THOUSAND ONE HUNDRED AND FIFTY SEVEN POUNDS NINE PENCE DSW 266356 MONSANTO LIMITED, ' CoSHAIl LOVELL & SONS LTD. Ttodt nJL . FREIGHT: COPY NOT NEGOTIABLE SHIPPED on board in apP-'Mfcnt 900d order and conditio*' unless otherwise staled and to be rt-srhargect at the eo*e`aid port of discharge or so near thereto as the vessel nuy safely qct atm be always jMoat. Weight, measure, marks, numbers, quality, <--ntents and value, if mentioned in the Bill of Ladinq, are to be considered unknown unless the contrary has been expressly acknowledged and agreed to. The signing of this Bill of Lading it not to be considered as such an agreement. In accepting this Bid of Lading the Merchant expressly accepts and agrees to all its stipulations, exceptions and conditions, on both pages, whether written, printed, stamped, or otherwise incorporated as fuliy as if they were ail signed by the Merchant. In WITNESS whereof the Master or the agent has signed the number of original Bills of Lading, stated above, all of this tenor and date, one of which being accomplished the others to be void. One of the Bills of Lading must be surrendered duly endorsed in exchange for the goods or detwery order. Place and date of issue: LIVERPOOL 16 JAM 1975 for the master: . PAR TiCULARS STLCOPCB4062532 SERRA BRANCA INCIDENT AT MIDDLESBROUGH APPENDIX IV TEXT OF TELEX FROM 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. DSW 266357 STLCOPCB4062533 PRESS STATEMENT APPENDIX V For use 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 DSW 266358 STLCOPCB4062534 2n* Suft-VEV SCHEDULE appen: Note : It is the responsibility of the Assured to separate the damaged packages from the sound. In case of shortage, Lloyd's Agents should state if possible, in addition to the following details, the invoiced and landed weights of the goods, also weight at time of survey. Marks and Numbers No. of Packages Description of Goods Quantities Sound Quantities or Damaged INOUCGN AROCLOR* 1016N SANTOS 106 STEEL DflUflS "AR0CLDR" LItUIO 41 67 24TH/30TH JANUARY 1975 ft V* 3ER1IA RWfiWCA L X VEHPOOL/Gl,ASCDW/TEElS/BRA2IL At :he raquas: of floneonto Halted, of London X attendsd the above vessel t No* 3 berth Tees Dock during the unloading, elaaninj decantinb of daaagud drums to new druse, lending end loading pf vehicles from numyer three deep tank of the vaassl* All personnel engaged in the operation warp fully equipped with decontaml nation eld thing, boota and glovee in a tcordence with regulotln ne| a sen (jlpit situated in the number tiree tween dseit on top of tarpaplins forwd rd of tha deep tank was cons tructed and drums of "FINASCL E *3 #K re placed at each aide of sandpit for cleaning and deco<ntamlnntiod of tha arums from the deeptkink, separate personnel from the etevedorei being engaged for this purpose, extractor fans were ueod to ventilate the deep tank* On Friday 24tfi, the unloading from the nueper three deep tank commenced all drumi being lifted to cwsen deck phare washing iff with flnasol Uook place bsfora drums wars stowed to ewsit satooena on Saturday 25th, 31 cruaa of "Aroe&er" exre lifted to tween dset^, tnd on 26th January 26 dr jms of "Atoclor" were lifted to tween deck, of tho 57 drums 23 drums wars found to bs heavily damaged end were eh canted to new drums, all arums were cle3nad with Finosnl end lendad (a vehicles for transport to Monsanto, Newport ee use ell contaminated material* used In tjha operation* Reei 1nlng in vfessel ware 49 drums found to be in good orror end eonditior bsing stowed in the after end port a ids of number three tween c and wra in ay opinion without prejud^oe in satisfactory eonditior for the pjrposas of the consignee* DSW 266359 2-Nbi Survey STLCOPCB4062535 I>5P0i;Q?ANT 'Tills product contains ?OLYdIiLCr:Il.rATZD BIPK3NYLS (PCB'S) which some studies have shewn may he persistent, an environmental contaminant and, possibly, injurious to certain fonts of bird, aquatic anu animal life. Prevent any entry into the environment through spills, leakages, disposal, vapourisation, re-use of containers or otherwise, Spills, leakages and waste product must be collected. . Use of this product must be restricted to applications which can be controlled so that entry into the environment does not occur and to applications in which it cannot come into contact with food, animal feedstuffs or pharmaceuticals. "..e hereby certify that the Invoice to Inducon Do Brazil Capacitores S.A. submitted herewith is authentic and that the value shown thereon namely US^.26245.37 is the actual selling price for export of the goods based on local market quotations and that the merchandise herein is of United Kingdom Origin and that we are not the agents _for the importers in 3razil", "Ue hereby certify ths selling trices". \ r* DSW 266360 STLCOPCB4062536 Should any of the information called for in this report not be available, the reason for the omission should be stated SCHEDULE C SURVEY REPORT (GOODS) for use by LLOYD'S AGENTS and SUB-AGENTS only This report is issued for use in connection with the claim ar/ainst the parties responsible, but does not imply that the loss is recoverable from Underwriters. This must depend upon the terms of the Policy of Insurance. 1.-- () Name of Consignee of goods specified in annexed Schedule (b) Name of Applicant for survey ... ... ... (e) 1 f goods transhipped, namo(s) of original carrying vessel(s) and of transliipinent port(s) (d) Name of vessel from which goods discharged ... (c) Port at which goods discharged ... ... ... (/) Dale of arrival of vessel at port of discharge (y) If landed hy lighter, date of discharge into lighters (//) Dale goods landed at port of discharge ... ... (i) State reason for delay, if any. in lighter... ... M (b) (e) ('0 (c) </) (o) ^ M 1NDUC0N DO BRAZIL* SAO PAULO, BRAZIL MONSANTO LIMITED, LONDLN NOT applicable; SERRA BRANCA MlfJULESuROUGH 19TH JANUARY 1975 NLT applicable 26TH/27TH JANUARY 1975 NCT applicable 2. in) Was a clean receipt given to vessel on discharge? () (Ii) If not, then state exceptions noted on receipt ... (b) NO RECEIPT CIUEN (e) Was a clean receipt given to lighter on landing? (e) NOT APPLICABLE (d) If not, then state exceptions noted on receipt ... (d) :-).-(</) Date of receipt of goods by Customs ... ... (b) Condition of goods at that time--state except ions noted by Customs (<) Date of delivery of goods from Customs ... ... (d) Condit ion of goods at that time--state exceptions noted on receipt (u) lb) (r) (d) 26TR/27TH JANUARY 1975 5'L SURVEY REI'CRT 28TH JANUARY 1975 SEE SURVEY REPORT 4. -- (a) Date of delivery to place where survey held ... (6) Delay, if any, in taking delivery stated by Consignee to be due to <") (b) 26TH/27TH JANUARY 1975 5.--(a) External condition of packages when delivered to place where survey held, as reported by Consignee (b) Was a clean receipt given at the time of delivery? If not, state exceptions noted on receipt (c) External condition of packages at time of survey () () (c) SEE SURVEY REPORT NO SEE SURVEY REPORT 6.--Date of application for survey... .............................. 24TH JANUARY 1975 7.--() Delay, if any, in applying for survey due to ... (i) If survey not held in Consignee's premises, state Consignee's reason for not taking delivery () () NONE . 8.--Date and place of survey .............................. ... (Htatc, f**r example, if in Custoiuft, CitHtoiu House warehouse, ConMitinee'H warehouse or on quay. If noi at port of discharge, state name of place where surveyed.) 25TM/26TH/27TH/28TH JANUARY 1975 NO* 3 BERTH TEES DOCK 9.--() Nature of exterior and interior packing ... <Dcscfil>c in detail) ... (b) New or second-hand ? (c) Whether customary ? ................ ... ... ........................................... () () to STEEL DRUMS NEU YES 10.--(u) Description of loss/daniage . () (b) Cause, after examination, attributed by the Surveyor to (The Surveyor should kIaUs if ponmI>U, the eimuuKtanees in which loshMaimme &hu\ e referred to occm red.) () SEC SURVEY REPORT * SEE SURVEY REPORT DSW 266361 STLCOPCB4062537 11.--Is Lloyd's Agent aware of any casualty suffered by ' the carrying vessel to which the loss/damage found might be attributable? If so, brief details should be given 12.--Hus the shipping invoice been inspected ? ... 13.--On the date of compromise or sale, the arrived sound market value of the damaged goods nmounted to (State whether Duty Paid or in Hond.) . HEAVY WEATHER ON PASSAGE YES. NO.X 32B U.S. t 26245.37 14.-- In the interest of all parties concerned, the damage has been assessed by way of compromise, and an allowance on arrived sound market value has bepn agreed amounting to NOT ASCERTAINED l,r).--No compromise being agreed with Consignee, the damaged goods were with our approval sold by public sale or private tender for account of Consignee. Tbe proceeds, as per attached account sales, amounted to (If for any reason the proceeds have not been taken over l>y the Consignee, Lloyd's Agent should explain why.) 16.--Duties payable on the goods in sound state are ... 17.--In view of loss or damage has Consignee applied for a rebate of duty? If so, with what result? 18.--(a) Has original,copy bill of lading been inspected? (Delete whichever does not apply.1 (b) What is the reference therein to the condition of the goods? 19.--in) Has Consignee given notice of loss'damage to or made claim against Steamship, Railway, other Carriers or Bailees ? NOT APPLICABLE NOT APPLICABLE () fcQ () W NOT APPLICABLE (b) If not, what does Consignee give as reason ? ... If notice given or claim made state: (c) Date on which Consignee states goods delivered into his custody (6) (c) . (d) Date on which Consignee gave notice of loss damage or made claim and to whom addressed (c) Summary of replv, if any, received ... ... (Correspondence with Carriera/Baileee to be attached if available.) (d) wi t\ if) Was a survey by Carriers/Bailees and Consignee (/) held ? If so. on what date and where? 20.--Sterling rate of exchange on date of sale or agreement as to loss was NOT APPLICABLE 21.--Name of Surveyor appointed by Lloyd's Agent ... (If Surveyor is a member of Lloyd's Agent's staff, thin fact should be mentioned.) CAPT. R. A. GRAYSON 22.--Further remarks: NOTE s If there has been any delay in holding survey or in issuing report tbe reasons must be stated. . D S W 266362 . Signature of Surveyor. Certified correct and approved, and issued without prejudice and subject to the terni6, conditions and amount of the Policy of Insurance. . (place) HJOOLESBROUCH (date) 31ST 3ANUART 19 TB The following fees have been paid by Consignee:-- Agency Fee 10.00 s ye- Surveyor's Fee 50,00 Expenses 3.50 AOniN. FEE 0.50 Total 64.00 Signatuir of'LLOYD`S AGENT(S). V STLCOPCB4062538