DAMAGE TO SHIP CAUSED BY STEVEDORES.

This is to inform you that today, on September 11, 2011, at 11. 30 Gang n2 discharging the m. v. Shuya caused the following damage to the vessel:

1. Railings of the winch isle on the starboard side near the Hold 3 - bent;

2. The Ships' railings on the starboard side near Hold 3 - bent;

Kindly have this damage repaired before completion of the cargo operations. If, owing to ship's short stay, repair of the damage is impossible, we ask you to pay the cost of repairs according to an estimate by an independent surveyor. In this case kindly arrange a survey before completion of the cargo work and inform all concerned.

5. DAMAGE TO CARGO: TIME LIMIT OF LIABILITY.

Referring to your telex of July 14, 2008 regarding damage by wetting to the part cargo of 2000 metric tons of wheat shipped to you by my vessel under B/L 81 on voyage 2/92, please be advised of the following. Subject to article 15 of the Contract of Carriage claims as to quality and quantity of the cargo delivered must be made not later than its discharge has been completed. Moreover, the Consignee is allowed five extra days for giving a written notice, if, due to certain causes, it appeared impossible to find existing defects. However, all terms allowed for such claims expired yesterday, and therefore I am discharged of any liability regarding the cargo accepted by you.

6. COUNTER CLAIM ON COLLISION.

We deeply regret about the collision and are ready to pay our share of the losses related to it. But in our opinion your vessel shares responsibility for the collision, as after the request of our Master to reduce speed in order to avoid collision your vessel did not comply and did not sufficiently reduce her speed. Besides, you did not use the last moment manoeuvre, which certainly is a violation of the COLREGs. If, after receiving the request to reduce the speed you had worked emergency astern propulsion and had altered your course to starboard, the collision, would have been avoided. In view of the above we are ready to pay 65% of the losses related to the above collision, and are ready to present bank guarantee for the appropriate sum immediately on receiving your consent to such settlement.

Please acknowledge receipt of this letter by signing and returning to us one copy of same.

PROPOSAL OF AMICABLE SETTLEMENT.

Further to my letter of the 25th inst. I beg to enclose herewith a copy of the Surveyor Report dated the 28th of March, 2012 in connection with the damage caused by your vessel to my ship in collision near Buoy R70 in the Houston Shipping Channel on March 24, 2012. From the above-mentioned Report you will see that the Surveyor, Mr. R. Sasoon of this city, on a thorough survey and careful consideration of all circumstances, estimates the amount at US$ 25000.00. I hope that you will consider our claim and amount of damage estimated by the above mentioned Surveyor as quite reasonable and justified, and I offer you to settle this matter amicably by paying the respective sum of US$25000.00 to our Agents here, Messrs. Rice Unruh.

Your prompt reply will oblige.

Date: 2015-12-24; view: 843