Document pBdOd9oXgZpjL8Bw0oq8jKxea

L'C 1^V2 INTERNAL :U CORRESPONDENCE PLAINTIFFS EXHIBIT UC-484 UNION CARBIDE CORPORATION ROBINSON PLAZA II. ROUTE SO, PITTSBUR' -i. PA 15205 METALS DIVISION To [Name] Oivision Location Area T. P. NorMS Long Beach J. T. Kelly, Danbury J. L. Myers, King City W. C. Thurber, Danbury Date June 18, 1984 Originating Dept Sdl6S Dep3 PtlTien t Area subiecc Losetas Asfalticos We recently lost a two rail car order to subject company due to an error in their letter of credit. I would like a written report describing in full the problem, what was done in an attempt to solve it and the status of future shipments to this company. Your report should also include the recommendations by Ed Curran of International Credit to request assistance from Rovey Castillo of our Mexico City office and the reasons for not doing so. G. L. Dickson G. L. Dickson Calidria Corporation Pittsburgh, PA J. T. Kelly, Danbury J. L. Jfyers, King City W. C. Thurber, Danbury June 25, 1984 Calidria Corporation -June 18, 1984 LOSETAS ASFALTICOS Attached is the Letter of Credit for Losetas Asfalticos. The dollar amount is correct and was for $22,000.00, or 2 C/L SG-103. There was a typing error for the quantity ordered (30 tons) rather than the expected 138 tons. IDD felt that since there was such a wide variance between the 30 tons and a normal C/L 68.6 tons that we could not even ship one of the two C/L's in question. Also attached are copies of telex's from Losetas Asfalticos. Telephone calls to J. F. Mercogliano, IDD, New York, as well as G. A, Galgano and J. T. Gilsenan, International Credit, Danbury, advised the writer that amendments to L/C can and are made on a frequent basis. However, the Banco Nacional De Mexico advised the customer that no changes would be permitted and that they must apply _for a new L/C. On May 16, 1984 I called you from Cleveland, Ohio asking you to do the following: To work through Danbury International Credit, i.e. G. A. Galgano, and J. T. Gilsenan and ask them to contact their sources at the New York, New York, Banco Nacional De Mexico to please telex the Banco Nacional De Mexico, Mexico City, advising them that amendments to L/C are acceptable and to advise their customer. This was not done. Instead, a telegram dated May 16 from IDD was sent advising them of information they had' already received several times via my frequent telephone calls. On May 24, 1984 I attempted to contact RoYiey Castillo by phone. He was out of the office and did not return my call. I do not feel that he could have influenced the outcome of the problem, since the decision requiring a new L/C and not permitting amendments belonged to the Banco Nacional. This bank as well as other banks in Mexico are run by the Government of Mexico for their convenience in working out their monetary problems and not for the convenience of industry. We are momentarily expecting a new Letter of Credit. This new Letter of Credit is a reissue of the one in question but the quantity is increased from 2 C/L to 4 C/L. TPNrsrn Attachments T. P. Norris MOL SI EVE LGE MOL SI EVE LGB 1774372 INTLME TLX PU EL IC AIRPORT INTERNATIONAL MEX CITY 22 MAY 84 CALIDRIA CORP ATTN MR TOM NORRIS THE EANK CAN'T MAKE ANY CHANGE IN THE LETTER OF CREDIT IRREVOCABLE IF YOU CAN'T SHIFT THE CARLOAD'S. WITH THIS L. C PLEASE VOID ALL OPERATION WE NEED 3 WEEKS ALJANDPO SANCHEZ LOSETAS ASFALTICAS S A 1774372 INTLME MOL SI EVE LGE AL EJ AN D RO SMMMMMMMM REPLY VIA WESTERN UNION TELEGRAFH-DI AL 100 ^MO.CiOO /cTl H c/l X Gj C<T- - 7(50 & \ u L d-- U C M2^l ^ ^ '7t^ CMOLSIEVE LGE MOL SI EVE LGE 17 74372 INTLME TLX PU EL I CO AERO PUERTO IMTEEm IX TE RN ATI ON AL MEX CITY 17 MAY 34 CAL I DEI A CORF ATTN MR TOM NO RRI S WE TRY AGAIN THIS MORNING WITH THE EAN AND DEFINITLY NO CAN MAKE CHANGES IN THE LCG. WHY UNION CARBIDE MAKE ENDOSEMENT TO CALIDF.IA CORP THE L.C.? IF NOT PO SSI ELE PLEASE L. C. THANK-YOU. VOID TWO SHIPT'S WE- NEED 3 WEEKS FOR A NEW L ALEJANDRO SANCHEZ LOSETAS ASFALTICAS S .A. 1774372 INTLME MOL SI EV\ LGE TO READ L.C. WHY ETC............. REPLY VIA WESTERN UNION TEL EG RAPH-DI AL EST 1427 MAY/ 17/ 193 4 100 5241 |R 7/82) 1-026369M137 05/16/84 IC8 IPMRYNF RNO L8AC 03661 RENO NV 05p. 1B 0836P POT RYNE c* c T NORRIS calidrea corp 100 OCEAN GATE IfTH LONG BEACH CA Sfflff t c ATTEMPTED OELlVERY BY PHONE UNSUCCESSFUL# NO PHONE LISTED. f 1-015655A137 05/16/84 ICS IPKPTUK PTL 06101 05-16 0159P POT PTUJ 1 ICS IPNRYNS AC 213 1-018070J137 05/16/84 TWX UCC IOD 1 01 FR UG NY NY 5-16-84 PMS T NORRIS CALIDREA CORP 1 100 OCEAN GATE IfTH LONG BEACH, CALIFORNIA 808e2 ANTONIO KANAN CHAMA/ALEJANCRO SANCHEZ LOSETAS ASFALTICOS COL GRANJAS MEXICO 08400 MEXICO CC; G DICKSON PGA C T NORRIS CALIDREA CORP 100 OCEAN GATE 10TH LONG BEACH CA. LINDA GROGAN UC KING CITY KBA C urgent rush RE 23-9351-2 CALlORIA ASBESTOS SG-103 f L/C NO. 259.14631/E-002196N EXPIRES S 6/26/64 - DIRS22,800,00. MATL ready FOR SHIPMENT, HOWEVER, we REQUIRE L/C TO BE JMENDEC C TO CORRECT QUANTITY TO BE SHIPPED OF 8G103. YOU MUST CONTACT YOUR ISSUING BANK! BANCO NACIONAL DE KEXXCD, C CENTRAL OE CREDITCS COMERCIALES, MEXICO TO CABLEFORWARD TO BANCO NACIONAL DE MEXICO, 375 PARK AVE, NY 10152 THE AMENDMENT TO READ AS FOLLOWS* t 1ST CARLOAD SG103 137,200 LBS 2ND CARLOAD SG1P3 137,200 LB8 ^ TO REPLY BY MAILGRAM MESSAGE. SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS 3 3 3 J J 3 3 3 3 3 3 3 3 3 j J j J 3 r aul 2 c ( c Western, Uniom 2*4,400 LBS TOTAL NOTIFY I HRS. J MERCOGLIANC, UNION CARBIDE# 11 W 42ND ST C NYC, NY 10036. AWAIT URGENTLY THIS AMENDMENT TO FRCCES8 THIS ORDER, ( MERCCGLIANO/GREEN ELEVENWEST UNION CARBIDE NY T~ WF ( 1553 EST 1902 EST ( 21104 EST C MGMCOMP tr V 1 C c c c c r TO REPLY BY MAILGRAM MESSAGE. SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS F MOL SI EVE LGE MOL SI EVE LGE F. BOOTH MEXICO CITY APRIL 26 1984 TLX 9 1 034 1 6597 ATTM MR. TOM MORRIS PLEASE SHIPT MAY 15 FIRST CARLOAD AMD JIJM 15 SECOMD CARLOAD IF YOU HAVE AMY CUESTIOM PLEASE CALL ME THANKS YOU. L3SETAS A SEAL TI C AS S. A. DE C. V. ALEJAMDRO SAM CHEZ H. 1774372 IMTLME MOL SI EVE LGE REPLY VIA VESTERM UMIOM TELEGRAPH-DIAL 100 EST 165 2 MAY/ 15/ 198 4 ( MOL SI EVE LGB MOL SI EVE LGB 1774372 INTLME TLX PUBLIC MEX CITY 15 MAY 84.CALIDRIA CORP. ATTN. MR. TOM NORRIS WE TRY MAKE CHANGES IN THE LETTER OF CREDIT AND OUR BANK NO CAN NOTHING BECAUSE THE LETTER OF CREDIT IS IRREVOCABLE. IF. ISN'T POSSIBLE THE OPERATION WITH THIS LETTER OF CREDIT. WE NEED TRAMIT A NEW. L. C. ALEJANDRO SANCHEZ LOSETAS ASFALTICAS S. A. RHONE 657-18-78 / 657-79-79 1774372 INTLME MOLSIEVE LGB LLLLL REPLY VIA WESTER! UNION TELEGRAPH-DI AL 100 EST 1 440 MAY/ 15/ 1984 t Banamox Banco nooonal da maxco NEW YORK AGENCY 175 PARK AVENUE. NEW YORK, N.Y. 10)52 m. 212 702-?5H .! :j9 '.JTO BENEFICIARY: UNION CARBIDE CORPORATION ATTEN=JACKIE MERCOGLTANO II WEST 42NB STREET 22ND FLOOR NEW YORK; N.Y. 10036 (RECElvnj APR 9Iflfty 1 J3-?3 IRREVOCABLE LETTER OF CREDIT ; DATE: APRIL 05, 1984 ISSUING BANK: BANCO NACIONAL DE MEXICO CENTRAL DE CREDITOR COHEREIALES MEXICO, D.F. APPLICANT LOSETAS ASFALTICAS S.A. DE C.V CANELA NO. 238 COL GRANJAS C.P. 09400 MEXICO D.F. OUR REF: L/C NO. E002156U ISSUING BANK L/C 259/14931 L/C EXPIRATION DATE = JUNE 29, 1984 EXPIRES AT: U.S.A. AMOUNT: ********$22,000.00 U.S. DOLLARS < TWENTY TWO THOUSAND" AMD 00/100 ) r ' AT THE REQUEST OF THE ABOVE MENTIONED ISSUING BANK, WE HEREBY ADVISE YOU THAT THEY HAVE ISSUED IN YOUR FAVOR THIS IRREVOCABLE LETTER OF CREDIT WHICH IS AVAILABLE AGAINST PRESENTATION OF THE FOLLOWING DOCUMENTS: YOUR DRAFT AT 90 DAYS FROM BILL OF LADING DRAWN ON BANCO NACIONAL.. DE MEXICO, NEW YORK AGENCY BEARING THE CLAUSE "DRAWN UNDER DOCUMENTARY CREDIT NO. E002156W / 259/14931 OF BANCO ' NACIONAL DE MEXICO" CLEAN RAILROAD BILL OF LADING, PLUS ONE NON-NEGOTIABLE COPY COf'Y . . , ,,. -CONSIGNED-T^OR^ER*^PHE^eO-'NAef ONAL-; AGEMCIA ADUANAL MAYER AV. RUIZ CORTINES NO. 103 NOGALES SONORA. oft )f}-' MEXICO , AND SHOWING FREIGHT COLLECT. , . ; ' t ORIGINAL AND 5 COPIES OF' SIGNED COMMERCIAL INVOICE COVERING: 3Q " TONELADAS DE ASBESTO SG-103. F.O.B. KING CITY CALIFORNIA U.S.AV . SHIPPING DOCUMENTS MUST BE PRESENTED TO US WITHIN 30 DAYS AFTER THE DATE OF SHIPMENT, BUT NO LATER THAN THE EXPIRY DATE OF THIS CREDIT /. PARTIAL SHIPMENTS PERMITTED TRANSHIPMENTS PERMITTED SHIPMENT FROM KING CITY CALIFORNIA U.S.A..TO:NOGALES ARIZONA : / ORIGINAL * * * v: * * * Q 0 N TIN U E D * * * * * * * Banamox Banco Decanal da maxes NEW YORK ACCNCY 7$ PAKK AVENUE, NLW VOKK, N.Y. 1U152 Tl. ill* 7u^-2S11 -far/ OUR REF^L/C NO. E002156W *' ' :'AGE N E G 0 TIA T10 N S / F' A Y M EN T S EFFECTED UNDER EXPIRED LETTER OF CREDIT AS WELL AS ANY OVERDRAWN SHOULD BE PREVIOUSLY AUTHORIZED BY THE ISSUING BANK * IN THE EVENT THAT SHIPPING DOCUMENTS ARE PRESENTED UNDER SUCH CIRCUMSTANCES OR SHOWING OTHER DISCREPANCIES NEGOTIATION/PAYMENT APPROVAL SHOULD BE REQUESTED FROM THE ISSUING BANK. 'ALE 'ADVITTHO 'BATnv','IS' COMKfSSTOFLr"AND"''TriTArcO'E^:''ARr:TOF/"BUYER->;;5^ ACCOUNT. WE CONFIRM THIS CREDIT ANI) THEREBY UNDERTAKE. THAT ALL DRAFTS ' DRAWN IN ACCORDANCE WITH THE TERMS THEREOF WILL BE DULY HONOURED ON PRESENTATION. WHEN PRESENTING YOUR DOCUMENTS PLEASE PROVIDE US WITH AN . ADDITIONAL COPY OF EACH ONE OF THEM FOR OUR RECORDS. ' THE ORIGINAL OF THIS LETTER SHOULD BE PRESENTED TO US TOGETHER WITH YOUR DOCUMENTS. ` THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICES > FOR DOCUMENTARY CREDITS (1974 REVISION), INTERNATIONAL CHAMBER . . .,x, .. . ,, .. ... X* l*. O.Xf. ,, , ..t 'V.- ORIGINAL