Damage & Loss Inspection-survey For Cargo On Board & Warehouse Certificate
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The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 3832 - 7204 – (849) 03615612, Fax: (848) 3832 - 8393 [email protected], [email protected], www.aimcontrolgroup.com
No.: 3240/MR.0/2008AIM Date: 09 September 2008
FINAL INSPECTION REPORT •
APPLICANT
:
TOYAMA KAIGAI BOEKI SHIPPING CO., LTD.
•
NAME OF VESSEL
:
TKB NATALIA
•
COMMODITY
:
AMMONIUM SULPHATE IN BULK (S.A)
•
DECLARED WEIGHT AS PER B/Ls
:
4,149.830 MTS (NET WEIGHT)
•
LOADING PORT
:
VOSTOCHNY PORT, RUSSIA
•
DISCHARGING PORT
:
KHANH HOI PORT, HCMC, VIETNAM
•
DATE OF COMMENCED DISCHARGING
:
09 AUGUST 2008
•
DATE OF COMPLETED DISCHARGING
:
15 AUGUST 2008
•
DATE OF INSPECTION
:
13 AUGUST 2008 TO 02 SEPT 2008
•
PLACE OF INSPECTION
:
ON BOARD THE SHIP AT KHANH HOI PORT & WAREHOUSE OF FERTILIZER BINH DIEN CO.
•
SCOPE OF INSPECTION
:
DAMAGE SURVEY
This is to certify that the requested survey for purpose of ascertaining the cause and extent of damage of ammonium sulphate in bulk onboard M.V TKB NATALIA are performed at the request of the applicant: TOYAMA KAIGAI BOEKI SHIPPING CO., LTD – Owner of M.V TKB NATALIA
by AIM Control (The Viet_Nhan Agriculture – Industry - Marine Inspection Corporation). The Inspection Report is enclosed with the following documents:
(I)
INSPECTION REPORT
(II)
PICTURE OF ILLUSTRATION
(III)
DOCUMENT FOR REFERENCE
1
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 3832 - 7204 – (849) 03615612, Fax: (848) 3832 - 8393 [email protected], [email protected], www.aimcontrolgroup.com
I.
INFORMATION
1)
SHIP PARTICILAR:
ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ
Name of the vessel Call sign / Official number Port of registry Year build GRT / NRT Dead weight LOA / LBP Type of the hatch covers Cargo compartment
2)
SHIP INFORMATION:
ƒ ƒ ƒ ƒ ƒ
Ship - owner : Name of the Ship - master : Ship agent : P & I Club : Rep. of P & I Club & S.Owner :
3)
COMMODITY INFORMATION:
ƒ ƒ ƒ ƒ ƒ ƒ ƒ
B/L Nos. Place / Date of issue Origin Quantity as per B/Ls Shipper Consignee Policy of the Cargo No.
4)
PARTICIPANT:
: : : : : : : : :
: : : : : : :
TKB NATALIA Flag : ST. KITTS & NEVIS V4WQ/7725661 PASSETERRE 1980 3,127 GRT / 1,596 RT 4,443 MT 95.0 / 88.06 m Breadth: 14.6 m Depth: 7.60 m MAC GREGOR 02 TOYAMA KAIGAI BOEKI SHIPPING CO., LTD. MR. BUGAYEV YURY BEN LINE AGENCIES (VIETNAM) "INVESTFLOT" INSURANCE Co., Ltd (RUSSIA) AIM Control (VIETNAM) L1 VOSTOCHNY PORT, RUSSIA / 21 JULY 2008 RUSSIA 4,149.830 MTS (NET WEIGHT) AGROFERTRANS BINH DIEN FERTILIZER COMPANY. SG08/NK045/MANG-08 date 13 MARCH 2008
We and concerning parties attended on board the ship for inspection as: -
Captain and chief officer of M/V “TKB NATALIA”
-
Bao Viet Quang Tri (Insurance to the cargo consignment)
-
Binh Dien Fertilizer Company (Consignee)
2
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 3832 - 7204 – (849) 03615612, Fax: (848) 3832 - 8393 [email protected], [email protected], www.aimcontrolgroup.com
II. RESULTS OF INSPECTION On August 13 to 15, 2008, we, surveyors of AIM Control did attend on board of the ship together with Master to carry out survey on the alleged damaged cargo in the ship holds No.1 & No.2 and damages of the Vessel. The results and statement of concerned parties as followings:
1) • • • • •
• • • • • •
•
•
•
GENERAL INFORMATION Kind of cargo are Ammonium Sulphate in Bulk Quantity of cargo: As per Draft Survey in Loading port: 4,149.83 Mt Quantity of cargo: As per B/L No.L1 of Ship Master issued on July 21, 2008: 4,149.83 Mt. Quantity of cargo: As per Draft Survey in discharging port: 4,073.542 Mt (Refer to Report of Draft Survey of InterControl dated 15 August 2008. It is agreed to approved by Ship Master) Refer to COMMERCIAL INVOICE No. S052-AS-03/08-2 issued on July 21, 2008: Specification of S.A cargo with Nitrogen content in recalculation on dry material is 20.8 PCT Min; Humidity is 2.0 PCT Max; Unit Price US$290.00 / MT CFR FO Ho Chi Minh city port, Vietnam.; Origin is Russia; Packing is in bulk. Name consignee: Fertilizer Binh Dien Company Ltd. Cargo Underwriter: Bao Viet Insurance Corp. (VIETNAM) Total alleged damaged cargo discharged: 150.050 MTS. (Refer to Cargo Outturn Report of Khanh Hoi Port dated 15 August 2008) The ballast water leaked from the Port Tank No.1 through the hole of the fore part of tank top into hold No.1. The ballast water leaked from the pipe line of STBD. Tank No.2 into hold No.2. Basing on MATE’S RECEIPT No.L1 of Ship Master issued on July 21, 2008: Cargo loaded from the open stock. Cargo contained a lot of foreign materials with carton pieces, pieces of polyethylene, coat dust. The cargo was different color yellow, grey, and white. Visual inspection showed that the cargo is moist. Vessel has no responsibility for cargo’s quantity, quality, and condition and cargo shortage at discharging port. According to Laboratory test moisture 4.0%. Basing on LETTER PROTEST of Ship Master issued on August 13, 2008: During the cargo operation on 12 August 2008, the cargo hold No.1 port tractor/ bulldozer was made damage at tank top port side in hold No.1. The water was leaked through hole which was caused damage to cargo in hold and cargo operation in hold No.1 was stopped from 10:00 LT/ 12 August 2008. On 14 August 2008, Toyama Kaigai Boeki Shipping Co., Ltd. is Ship-owner of M/V “TKB NATALIE” agreed to appoint AIM Control to be representative for and behalf of Ship-owner to solve all of status of cargo and incident happened on M/V “TKB NATALIE” in Ho Chi Minh city port, Vietnam. Basing on LETTER OF CLEAN HOLD of Ship Master issued on August 15, 2008: When finish cargo operation, according with charter party full and complete cargo including residues shall be taken from the holds and discharge by the charters / consignees, free of any risks, liability and expenses whatsoever to the owners. But Stevedore can not clean hold exactly. 3
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 3832 - 7204 – (849) 03615612, Fax: (848) 3832 - 8393 [email protected], [email protected], www.aimcontrolgroup.com
Basing on NOTICE OF STATEMENT of Sai Gon Port Limited Company issued on August 14, 2008: Sai Gon port did not receive any guides from M/V “TKB NATALIE” about equipments location in hold before and during discharging.; Sai Gon port did not receive any SOME OF THE RECORDS that stated the cause of damages to cargo was made by Sai Gon port.; Based on the fact of scene, Sai Gon port found out the damage of cargo caused of the vessel technical fault, not Sai Gon port’s Stevedore. Basing on NOTICE OF STATEMENT of Ship Master issued on August 14, 2008: Because of Strong rain has occurred partial to cargo of the hold No.2.
•
•
2)
CONDITION OF COMMODITY ONBOARD • • •
• −
In the ship holds No.1 & No.2, the cargo were discharged nearly finished. At the time of our inspection, in the ship’s holds No.1 & No.2, the quantity of remaining cargo were not able to be calculated due to the cargo in bulk. The cargo contact directly with tank top without Tarpaulin layers. Hold No.1: At 09:30 Hrs on 12 August 2008, during discharging operation S.A cargo in hold No. 1 of MV “ TKB Natalia” at Khanh Hoi Port, HCMC – Vietnam. The Ballast Water of Tank No. 1 (Port side) leaked into Hold No.1. Some of remaining of S.A cargoes were alleged wet at Aft part of Hold No.1.
4
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
The ballast water leaked into hold No.1
5
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
The S.A cargo were into hold No.1 after pumping ballast water out of hold • −
Hold No.2: At 14:00 Hrs on 13 August 2008, during discharging operation S.A cargo in hold No. 2 of MV “ TKB Natalia” at Khanh Hoi Port, HCMC – Vietnam. The Ballast Water of Tank No. 2 (Starboard side) leaked into the aft part of Hold No.2. Some of remaining of S.A cargo were alleged wet at Aft part of Hold No.2.
−
Quantity of the alleged cargo were not calculated due to the cargo in bulk.
6
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
Ballast water leaked into hold No.2
7
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
•
The alleged damaged cargo were discharged to warehouse of consignee of Binh Dien Fertilizer Company for Joint survey.
8
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
S.A cargo were wetted
The ballast water was pumped out of hold No.1 9
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
CONDITION OF THE SHIP’S HOLDS:
3)
At 14:00 Hrs on August 15, 2008, we, surveyors of AIM Control together with Master did attend hold No. 1 & hold No.2 to investigate the cause of the holds of vessel. The results as followings: • − −
Hold No.1 Tank top plating of port side of hold No.1 was holed with size 2 cm x 10 cm at the position of fore part. Tank top plating of hold No.1 was rusted and corrosion. The surface of tank top plating was sagged and hogged.
Tank top plating of port side of hold No.1 was holed with size 2 cm x 10 cm
10
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
The holed is with size 2 cm x 10 cm
Tank top plating of hold No.1 was rusted and corrosion 11
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
• −
Hold No.2: The Pipeline of Stbd Tank No.2 was damaged and the tracks of leaked ballast water were remained on the Stbd side plating.
The Pipeline of Stbd Tank No.2 damaged & the tracks of leaked ballast water leaked
12
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
4)
CONDITION OF COMMODITY AT WAREHOUSE OF CONSIGNEE
On August 18 & 19, 2008, we, surveyors of AIM Control did attend at the site of warehouse of Binh Dien Fertilizer Company together with surveyor of Consignee, surveyor of Bao Viet Quang Tri Insurance and representative of consignee to carry out the joint survey on the alleged damaged cargo. The results and statement of concerned parties as followings:
•
As per “Cargo Outturn Report”, the quantity of the damaged cargo were delivered by ship: 150.050 MTS.
•
Checking weight of cargo, we found that: Total weight of alleged damaged cargo were 146.563 MTS (by scale weight of 3,001 bags)
•
To classify the damaged cargo into 03 categories
•
Open 5% of 3,001 bags to determine on the extent of damage.
RESULTS OF JOINT SURVEY AT THE SITE: Category
Quantity (bag)
Weight (MTS)
A
854 bags
41.708
P.P & P.E to be used
B
1,316 bags
64.271
P.P & P.E to be used
C
831 bags
40.584
P.P & P.E to be used
Packing
Condition of contents
The cargo were moistured, discolored and wetted The cargo were bad moistured only The cargo were slight moistured only
03 of representative samples were taken and sealed by 03 parties for analysis by Vietnam Governmental Laboratory. - Sample 1: Our seal No. : 0035333 Surveyor of Consignee : 0297645 Surveyor of Insurance : 0009134 - Sample 2:
Our seal No. Surveyor of Consignee Surveyor of Insurance
: : :
0035332 0297644 0009140
- Sample 3:
Our seal No. Surveyor of Consignee Surveyor of Insurance
: : :
0035337 0297642 0009132 13
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
The alleged cargo were stored in Binh Dien Fertilizer Company’s warehouse
Scale of weight of the alleged damaged cargo 14
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
Open 5% of 3,001 bags to determine on the extent of damage.
15
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
Category A: 854 bags (41.708 MTS) of the damaged cargo
Category B: 1,316 bags (64.271 MTS) of damaged cargo 16
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
Category C: 831 bags (40.584 MTS) of damaged cargo
In comparison with Category A & Category B 17
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
The representative samples were taken for analysis Lab
The representative samples were sealed by 03 joint survey parties to send to the Lab. 18
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
SAMPLE & RESULTS OF ANALYSIS: 03 above mentioned sample representing category of damaged cargo were randomly sampled from alleged damaged cargo for Lab. Analysis, results as follows:
Characteristics analyzed
to
be
Results of analysis Sample A
Sample B
Sample C
Standard S.A Cargo
Nitrogen
19.9
20.1
20.0
20.8 Min
Moisture (%)
3.8
3.8
3.4
2.0 Max
SPECIFICATION OF THE STANDARD S.A CARGO AS PER THE CONTRACT: • • • • •
5)
Nitrogen content in recalculation on dry material: 20.8 PCT Min Humidity: 2.0 PCT Max Unit Price US$290.00 / MT CFR FO Ho Chi Minh city port, Vietnam. Origin is Russia Packing is in bulk.
EXTENT OF THE DAMAGED COMMODITY:
LOSS AND SHORTAGE WEIGHT CALCULATION: Basing on “Bill of lading” and “Draft Survey Record of Shipper Surveyor/SGS at discharging port” were signed by Ship’s Master, we calculated the quantity of loss weight of the cargo due shortage as followings.
•
Shortage of quantity delivered by ship
− Net weight of cargo as per “BILL OF LADING No. L.1”
: 4,149.830 MTS
− Net weight of cargo as per “Draft Survey Record of SGS”
: 4,073.500 MTS
SHORTAGE OF WEIGHT : 76.330 MTS (1)
19
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
ESTIMATION OF COMMERCIAL VALUE DEPRECIATION: Basing on the results of joint survey at the site of Binh Dien Fertilizer Company’s warehouse and results of analysis of 03 representative samples in the Vietnam Government Lab., referring to the market prices of the cargo in HCMC at the time our inspection, we proposed estimation commercial value depreciation as followings: Category
Quantity
Weight
(Bag)
(MT)
The commercial depreciation (%)
Weight (MT)
A
854
41.708
40% x 41.708
16.683
B
1,316
64.271
35% x 64.271
22.495
C
831
40.584
30% x 40.584
12.175
(2) TOTAL
51.353
TOTAL OF THE LOSS AND DAMAGED CARGO: (1) + (2) = 76.330 MTS + 51.353 MTS = 127.683 MTS WITH UNIT PRICE US$290.00/MT CFR HO CHI MINH CITY PORT, VIETNAM, IT IS CALCULATED AS FOLLOWINGS: 127.683 MTS X US$290.00/MT = US$ 37,028.07 (Round at US$ 37,028)
•
TOTAL VALUE OF THE LOSS AND DAMAGES CARGO ARE US$ 37,028 (By said in word: Thirty seven thousand and twenty eight US Dollars only)
20
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
III. THE ADJUSTED ON LOSS/DAMAGE & COMPENSATION Ship-owner, Bao Viet Quang Tri (The Cargo Insurance) & "Investflot" Insurance Co., Ltd have considered on the settlement of this case by an Amicable Agreement for the settlement amount of US$49,770.70, namely:
No.
Claim Items
1
Cargo shortage/loss amount
2
Damaged amount
Claim (US$) by The Cargo Insurance
Settlement (US$) by Ship-owner
US$70,203.20
US$22,135.70
(= 242.080 MT x 290 US$/MT)
( = 76.33 MT x US$290 US$/MT)
US$32,636.60
US$17,405.80
(= 150.05 x290 US$/MT x 75%)
(= 150.05 x 290 US$/MT x 40%)
cargo
3
Lawyer fees
US$1,100.00
N/A
4
Survey Fees
US$2,000.00
N/A
Lump sum
US$105,939.80
US$ 39,541.50
First Adjustment
US$77,838.22
US$ 39,541.50
US$60,000
US$ 49,770.70
Second adjustment FINAL ADJUSTMENT ON LOSS/DAMAGE & COMPENSATION
US$ 49,770.70 (Dollar Forty nine thousand seven hundred seventy and seventy Cents)
21
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
IV. OPINION Basing on the official results of our inspection, and refer to the relative document, we are of the opinion that the damages to the above mentioned cargo happened in the ship’s holds during the discharge at Saigon port, Vietnam due to the following causes: • • •
The cargoes were damaged, wetted due to Ballast Water leaked from ship’s ballast tanks into Ship’s holds. Short – delivery by ship. Dunnage materials were not applied for segregation of the cargo from ship-side and bulkhead.
The ballast water leaked into ship’s holds caused of the Tank Top plating of hold No.1 and Pipeline of Tank No.2 were rusted & corrosion.
FOR AGRICULTURE - INDUSTRY - MARINE INSPECTION CORP.
Dr Capt Nguyen Te Nhan/General Director
22
No.: 3240/MR.0/2008AIM Date: 09 September 2008
FINAL INSPECTION REPORT •
APPLICANT
:
TOYAMA KAIGAI BOEKI SHIPPING CO., LTD.
•
NAME OF VESSEL
:
TKB NATALIA
•
COMMODITY
:
AMMONIUM SULPHATE IN BULK (S.A)
•
DECLARED WEIGHT AS PER B/Ls
:
4,149.830 MTS (NET WEIGHT)
•
LOADING PORT
:
VOSTOCHNY PORT, RUSSIA
•
DISCHARGING PORT
:
KHANH HOI PORT, HCMC, VIETNAM
•
DATE OF COMMENCED DISCHARGING
:
09 AUGUST 2008
•
DATE OF COMPLETED DISCHARGING
:
15 AUGUST 2008
•
DATE OF INSPECTION
:
13 AUGUST 2008 TO 02 SEPT 2008
•
PLACE OF INSPECTION
:
ON BOARD THE SHIP AT KHANH HOI PORT & WAREHOUSE OF FERTILIZER BINH DIEN CO.
•
SCOPE OF INSPECTION
:
DAMAGE SURVEY
This is to certify that the requested survey for purpose of ascertaining the cause and extent of damage of ammonium sulphate in bulk onboard M.V TKB NATALIA are performed at the request of the applicant: TOYAMA KAIGAI BOEKI SHIPPING CO., LTD – Owner of M.V TKB NATALIA
by AIM Control (The Viet_Nhan Agriculture – Industry - Marine Inspection Corporation). The Inspection Report is enclosed with the following documents:
(I)
INSPECTION REPORT
(II)
PICTURE OF ILLUSTRATION
(III)
DOCUMENT FOR REFERENCE
1
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 3832 - 7204 – (849) 03615612, Fax: (848) 3832 - 8393 [email protected], [email protected], www.aimcontrolgroup.com
I.
INFORMATION
1)
SHIP PARTICILAR:
ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ
Name of the vessel Call sign / Official number Port of registry Year build GRT / NRT Dead weight LOA / LBP Type of the hatch covers Cargo compartment
2)
SHIP INFORMATION:
ƒ ƒ ƒ ƒ ƒ
Ship - owner : Name of the Ship - master : Ship agent : P & I Club : Rep. of P & I Club & S.Owner :
3)
COMMODITY INFORMATION:
ƒ ƒ ƒ ƒ ƒ ƒ ƒ
B/L Nos. Place / Date of issue Origin Quantity as per B/Ls Shipper Consignee Policy of the Cargo No.
4)
PARTICIPANT:
: : : : : : : : :
: : : : : : :
TKB NATALIA Flag : ST. KITTS & NEVIS V4WQ/7725661 PASSETERRE 1980 3,127 GRT / 1,596 RT 4,443 MT 95.0 / 88.06 m Breadth: 14.6 m Depth: 7.60 m MAC GREGOR 02 TOYAMA KAIGAI BOEKI SHIPPING CO., LTD. MR. BUGAYEV YURY BEN LINE AGENCIES (VIETNAM) "INVESTFLOT" INSURANCE Co., Ltd (RUSSIA) AIM Control (VIETNAM) L1 VOSTOCHNY PORT, RUSSIA / 21 JULY 2008 RUSSIA 4,149.830 MTS (NET WEIGHT) AGROFERTRANS BINH DIEN FERTILIZER COMPANY. SG08/NK045/MANG-08 date 13 MARCH 2008
We and concerning parties attended on board the ship for inspection as: -
Captain and chief officer of M/V “TKB NATALIA”
-
Bao Viet Quang Tri (Insurance to the cargo consignment)
-
Binh Dien Fertilizer Company (Consignee)
2
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 3832 - 7204 – (849) 03615612, Fax: (848) 3832 - 8393 [email protected], [email protected], www.aimcontrolgroup.com
II. RESULTS OF INSPECTION On August 13 to 15, 2008, we, surveyors of AIM Control did attend on board of the ship together with Master to carry out survey on the alleged damaged cargo in the ship holds No.1 & No.2 and damages of the Vessel. The results and statement of concerned parties as followings:
1) • • • • •
• • • • • •
•
•
•
GENERAL INFORMATION Kind of cargo are Ammonium Sulphate in Bulk Quantity of cargo: As per Draft Survey in Loading port: 4,149.83 Mt Quantity of cargo: As per B/L No.L1 of Ship Master issued on July 21, 2008: 4,149.83 Mt. Quantity of cargo: As per Draft Survey in discharging port: 4,073.542 Mt (Refer to Report of Draft Survey of InterControl dated 15 August 2008. It is agreed to approved by Ship Master) Refer to COMMERCIAL INVOICE No. S052-AS-03/08-2 issued on July 21, 2008: Specification of S.A cargo with Nitrogen content in recalculation on dry material is 20.8 PCT Min; Humidity is 2.0 PCT Max; Unit Price US$290.00 / MT CFR FO Ho Chi Minh city port, Vietnam.; Origin is Russia; Packing is in bulk. Name consignee: Fertilizer Binh Dien Company Ltd. Cargo Underwriter: Bao Viet Insurance Corp. (VIETNAM) Total alleged damaged cargo discharged: 150.050 MTS. (Refer to Cargo Outturn Report of Khanh Hoi Port dated 15 August 2008) The ballast water leaked from the Port Tank No.1 through the hole of the fore part of tank top into hold No.1. The ballast water leaked from the pipe line of STBD. Tank No.2 into hold No.2. Basing on MATE’S RECEIPT No.L1 of Ship Master issued on July 21, 2008: Cargo loaded from the open stock. Cargo contained a lot of foreign materials with carton pieces, pieces of polyethylene, coat dust. The cargo was different color yellow, grey, and white. Visual inspection showed that the cargo is moist. Vessel has no responsibility for cargo’s quantity, quality, and condition and cargo shortage at discharging port. According to Laboratory test moisture 4.0%. Basing on LETTER PROTEST of Ship Master issued on August 13, 2008: During the cargo operation on 12 August 2008, the cargo hold No.1 port tractor/ bulldozer was made damage at tank top port side in hold No.1. The water was leaked through hole which was caused damage to cargo in hold and cargo operation in hold No.1 was stopped from 10:00 LT/ 12 August 2008. On 14 August 2008, Toyama Kaigai Boeki Shipping Co., Ltd. is Ship-owner of M/V “TKB NATALIE” agreed to appoint AIM Control to be representative for and behalf of Ship-owner to solve all of status of cargo and incident happened on M/V “TKB NATALIE” in Ho Chi Minh city port, Vietnam. Basing on LETTER OF CLEAN HOLD of Ship Master issued on August 15, 2008: When finish cargo operation, according with charter party full and complete cargo including residues shall be taken from the holds and discharge by the charters / consignees, free of any risks, liability and expenses whatsoever to the owners. But Stevedore can not clean hold exactly. 3
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 3832 - 7204 – (849) 03615612, Fax: (848) 3832 - 8393 [email protected], [email protected], www.aimcontrolgroup.com
Basing on NOTICE OF STATEMENT of Sai Gon Port Limited Company issued on August 14, 2008: Sai Gon port did not receive any guides from M/V “TKB NATALIE” about equipments location in hold before and during discharging.; Sai Gon port did not receive any SOME OF THE RECORDS that stated the cause of damages to cargo was made by Sai Gon port.; Based on the fact of scene, Sai Gon port found out the damage of cargo caused of the vessel technical fault, not Sai Gon port’s Stevedore. Basing on NOTICE OF STATEMENT of Ship Master issued on August 14, 2008: Because of Strong rain has occurred partial to cargo of the hold No.2.
•
•
2)
CONDITION OF COMMODITY ONBOARD • • •
• −
In the ship holds No.1 & No.2, the cargo were discharged nearly finished. At the time of our inspection, in the ship’s holds No.1 & No.2, the quantity of remaining cargo were not able to be calculated due to the cargo in bulk. The cargo contact directly with tank top without Tarpaulin layers. Hold No.1: At 09:30 Hrs on 12 August 2008, during discharging operation S.A cargo in hold No. 1 of MV “ TKB Natalia” at Khanh Hoi Port, HCMC – Vietnam. The Ballast Water of Tank No. 1 (Port side) leaked into Hold No.1. Some of remaining of S.A cargoes were alleged wet at Aft part of Hold No.1.
4
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
The ballast water leaked into hold No.1
5
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
The S.A cargo were into hold No.1 after pumping ballast water out of hold • −
Hold No.2: At 14:00 Hrs on 13 August 2008, during discharging operation S.A cargo in hold No. 2 of MV “ TKB Natalia” at Khanh Hoi Port, HCMC – Vietnam. The Ballast Water of Tank No. 2 (Starboard side) leaked into the aft part of Hold No.2. Some of remaining of S.A cargo were alleged wet at Aft part of Hold No.2.
−
Quantity of the alleged cargo were not calculated due to the cargo in bulk.
6
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
Ballast water leaked into hold No.2
7
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
•
The alleged damaged cargo were discharged to warehouse of consignee of Binh Dien Fertilizer Company for Joint survey.
8
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
S.A cargo were wetted
The ballast water was pumped out of hold No.1 9
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
CONDITION OF THE SHIP’S HOLDS:
3)
At 14:00 Hrs on August 15, 2008, we, surveyors of AIM Control together with Master did attend hold No. 1 & hold No.2 to investigate the cause of the holds of vessel. The results as followings: • − −
Hold No.1 Tank top plating of port side of hold No.1 was holed with size 2 cm x 10 cm at the position of fore part. Tank top plating of hold No.1 was rusted and corrosion. The surface of tank top plating was sagged and hogged.
Tank top plating of port side of hold No.1 was holed with size 2 cm x 10 cm
10
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
The holed is with size 2 cm x 10 cm
Tank top plating of hold No.1 was rusted and corrosion 11
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
• −
Hold No.2: The Pipeline of Stbd Tank No.2 was damaged and the tracks of leaked ballast water were remained on the Stbd side plating.
The Pipeline of Stbd Tank No.2 damaged & the tracks of leaked ballast water leaked
12
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
4)
CONDITION OF COMMODITY AT WAREHOUSE OF CONSIGNEE
On August 18 & 19, 2008, we, surveyors of AIM Control did attend at the site of warehouse of Binh Dien Fertilizer Company together with surveyor of Consignee, surveyor of Bao Viet Quang Tri Insurance and representative of consignee to carry out the joint survey on the alleged damaged cargo. The results and statement of concerned parties as followings:
•
As per “Cargo Outturn Report”, the quantity of the damaged cargo were delivered by ship: 150.050 MTS.
•
Checking weight of cargo, we found that: Total weight of alleged damaged cargo were 146.563 MTS (by scale weight of 3,001 bags)
•
To classify the damaged cargo into 03 categories
•
Open 5% of 3,001 bags to determine on the extent of damage.
RESULTS OF JOINT SURVEY AT THE SITE: Category
Quantity (bag)
Weight (MTS)
A
854 bags
41.708
P.P & P.E to be used
B
1,316 bags
64.271
P.P & P.E to be used
C
831 bags
40.584
P.P & P.E to be used
Packing
Condition of contents
The cargo were moistured, discolored and wetted The cargo were bad moistured only The cargo were slight moistured only
03 of representative samples were taken and sealed by 03 parties for analysis by Vietnam Governmental Laboratory. - Sample 1: Our seal No. : 0035333 Surveyor of Consignee : 0297645 Surveyor of Insurance : 0009134 - Sample 2:
Our seal No. Surveyor of Consignee Surveyor of Insurance
: : :
0035332 0297644 0009140
- Sample 3:
Our seal No. Surveyor of Consignee Surveyor of Insurance
: : :
0035337 0297642 0009132 13
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
The alleged cargo were stored in Binh Dien Fertilizer Company’s warehouse
Scale of weight of the alleged damaged cargo 14
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
Open 5% of 3,001 bags to determine on the extent of damage.
15
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
Category A: 854 bags (41.708 MTS) of the damaged cargo
Category B: 1,316 bags (64.271 MTS) of damaged cargo 16
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
Category C: 831 bags (40.584 MTS) of damaged cargo
In comparison with Category A & Category B 17
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
The representative samples were taken for analysis Lab
The representative samples were sealed by 03 joint survey parties to send to the Lab. 18
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
SAMPLE & RESULTS OF ANALYSIS: 03 above mentioned sample representing category of damaged cargo were randomly sampled from alleged damaged cargo for Lab. Analysis, results as follows:
Characteristics analyzed
to
be
Results of analysis Sample A
Sample B
Sample C
Standard S.A Cargo
Nitrogen
19.9
20.1
20.0
20.8 Min
Moisture (%)
3.8
3.8
3.4
2.0 Max
SPECIFICATION OF THE STANDARD S.A CARGO AS PER THE CONTRACT: • • • • •
5)
Nitrogen content in recalculation on dry material: 20.8 PCT Min Humidity: 2.0 PCT Max Unit Price US$290.00 / MT CFR FO Ho Chi Minh city port, Vietnam. Origin is Russia Packing is in bulk.
EXTENT OF THE DAMAGED COMMODITY:
LOSS AND SHORTAGE WEIGHT CALCULATION: Basing on “Bill of lading” and “Draft Survey Record of Shipper Surveyor/SGS at discharging port” were signed by Ship’s Master, we calculated the quantity of loss weight of the cargo due shortage as followings.
•
Shortage of quantity delivered by ship
− Net weight of cargo as per “BILL OF LADING No. L.1”
: 4,149.830 MTS
− Net weight of cargo as per “Draft Survey Record of SGS”
: 4,073.500 MTS
SHORTAGE OF WEIGHT : 76.330 MTS (1)
19
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
ESTIMATION OF COMMERCIAL VALUE DEPRECIATION: Basing on the results of joint survey at the site of Binh Dien Fertilizer Company’s warehouse and results of analysis of 03 representative samples in the Vietnam Government Lab., referring to the market prices of the cargo in HCMC at the time our inspection, we proposed estimation commercial value depreciation as followings: Category
Quantity
Weight
(Bag)
(MT)
The commercial depreciation (%)
Weight (MT)
A
854
41.708
40% x 41.708
16.683
B
1,316
64.271
35% x 64.271
22.495
C
831
40.584
30% x 40.584
12.175
(2) TOTAL
51.353
TOTAL OF THE LOSS AND DAMAGED CARGO: (1) + (2) = 76.330 MTS + 51.353 MTS = 127.683 MTS WITH UNIT PRICE US$290.00/MT CFR HO CHI MINH CITY PORT, VIETNAM, IT IS CALCULATED AS FOLLOWINGS: 127.683 MTS X US$290.00/MT = US$ 37,028.07 (Round at US$ 37,028)
•
TOTAL VALUE OF THE LOSS AND DAMAGES CARGO ARE US$ 37,028 (By said in word: Thirty seven thousand and twenty eight US Dollars only)
20
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
III. THE ADJUSTED ON LOSS/DAMAGE & COMPENSATION Ship-owner, Bao Viet Quang Tri (The Cargo Insurance) & "Investflot" Insurance Co., Ltd have considered on the settlement of this case by an Amicable Agreement for the settlement amount of US$49,770.70, namely:
No.
Claim Items
1
Cargo shortage/loss amount
2
Damaged amount
Claim (US$) by The Cargo Insurance
Settlement (US$) by Ship-owner
US$70,203.20
US$22,135.70
(= 242.080 MT x 290 US$/MT)
( = 76.33 MT x US$290 US$/MT)
US$32,636.60
US$17,405.80
(= 150.05 x290 US$/MT x 75%)
(= 150.05 x 290 US$/MT x 40%)
cargo
3
Lawyer fees
US$1,100.00
N/A
4
Survey Fees
US$2,000.00
N/A
Lump sum
US$105,939.80
US$ 39,541.50
First Adjustment
US$77,838.22
US$ 39,541.50
US$60,000
US$ 49,770.70
Second adjustment FINAL ADJUSTMENT ON LOSS/DAMAGE & COMPENSATION
US$ 49,770.70 (Dollar Forty nine thousand seven hundred seventy and seventy Cents)
21
The Viet-Nhan Agriculture - Industry - Marine Control Inspection Group 45, Str. 03, Ward 04, District 03, Ho Chi Minh City, Vietnam Tel. (848) 832 - 7204 – (849) 03615612, Fax: (848) 832 - 8393 [email protected], [email protected], www.aimcontrol.service.to
IV. OPINION Basing on the official results of our inspection, and refer to the relative document, we are of the opinion that the damages to the above mentioned cargo happened in the ship’s holds during the discharge at Saigon port, Vietnam due to the following causes: • • •
The cargoes were damaged, wetted due to Ballast Water leaked from ship’s ballast tanks into Ship’s holds. Short – delivery by ship. Dunnage materials were not applied for segregation of the cargo from ship-side and bulkhead.
The ballast water leaked into ship’s holds caused of the Tank Top plating of hold No.1 and Pipeline of Tank No.2 were rusted & corrosion.
FOR AGRICULTURE - INDUSTRY - MARINE INSPECTION CORP.
Dr Capt Nguyen Te Nhan/General Director
22
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