CEBU - Sulpicio Lines Inc. through its vice president for marketing Jordan Go has filed a civil case against Bayer Crop Science and Seaquest Logistics for their failure to declare the toxic chemical cargo, maritime tort and breach of terms and conditions in the Bill of Lading on their shipment that was loaded into the ill-fated MV Princess of the Stars.
The inter-island vessel that carried over 800 passengers and crew on board, sank off Sibuyan Island last June 21 at the height of typhoon “Frank.”
In its nine-page complaint filed before the Regional Trial Court in Cebu City, SLI said Bayer Crop Science violated the breach of term and condition when it failed to inform the shipping company that they were carrying a toxic substance. The cargo was consigned to Sequest Logistics Cebu which later informed them of the harmful substance in their cargo but did not provide specific information regarding the toxic chemical.
SLI asked the defendants to pay the amount of P250,527 as actual damages representing the correct freight charges and P2,000,000 for the damages and expenses that the shipping company has incurred in the special cargo retrieval operations and salvage and refloating operations.
It also asked Bayer to pay an amount of P500,000 for loss of corporate goodwill; P250,000 for moral damages; P 200,000 for exemplary damages and another P250,000 in attorney’s fees.
The shipping company said the toxic and dangerous nature of the Bayer’s shipment that was placed in a 20-footer van was not disclosed or declared to them. It added the dangerous and toxic shipment was only declared as “various goods.”
On June 25, SLI said that they also received a letter from one of the shippers Del Monte Philippines regarding the harmful shipment which was allegedly also undeclared to them that prompted them to verify with other shippers of the cargo on board as to whether there were other undeclared toxic cargo on board in as much as rescue and retrieval operations have been put to a halt due to the presence of the undeclared endosulfan shipment by Del Monte Philippines.
It was the Fertilizer and Pesticide Authority that later informed SLI through the Department of Transportation and Communications that there were other harmful chemicals on board. The shipment consisted of chemicals Antracol, Tamaron 600, Trap 70 and Fuerza GR with chemical Carbofuran.
SLI insisted that it was the duty of Bayer to inform them of the cargo that they would be carrying.
Bayer’s authorized representative Tess Cayton explained before the Board of Marine Inquiry that their shipment is not toxic as these were highly biodegradable but SLI said that they verified it and found out that the shipment was toxic and dangerous marine pollutants.
Because of the misdeclaration of their cargo shipment, the shipping firm said Bayer was only obliged to pay an amount of P30,074 instead of paying for the toxic and dangerous cargo in the amount of P83,509. — Jasmin R. Uy/WAB (THE FREEMAN)