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China United Lines Ltd., Cul Agency (Taiwan) Ltd. Dispute over the contract for the carriage of goods by sea

时间:2023-03-31 12:19:20 点击:

     On 21 March 2019, Quick Jet Machin Co., Ltd. delivered a set of numerical control five axis gantry type processing machine center from Taiwan to Shenzhen, China. The goods were loaded on the vessel "OSG ADMIRAL". On 23 March 2019, the engine of the ship broke down and lost power. The plaintiff claimed that the goods were damaged due to the container's fixation breaking for the ship's swaying while it was waiting for repair. Subsequently, Quick Jet Machin Co., Ltd. and its cargo insurer, China Ping' An Guangdong Branch, file a lawsuit at the Guangzhou Maritime Court, demanding that the bill of lading issuer, Yatari Express Co., Ltd, China United Lines Ltd., Cul Agency (Taiwan) Ltd, and Sinotec Maritime Limited to jointly compensate a total loss of RMB2,603,642.00 yuan.

 

      The first trial of this case has already been held. On behalf of China United Lines Ltd., Cul Agency (Taiwan) Ltd., we participated in the litigation. The first trial ruled that China United Lines Ltd., Cul Agency (Taiwan) Ltd. would not be liable. After the judgement of first trial issued, Yatari Express Co., Ltd. and the shipowner Sinotec Maritime Limited appealed and proposed a settlement. Considering the client's litigation in Taiwan, it is determined that China United Lines Ltd. and Cul Agency (Taiwan) Ltd. have settled this case with all parties for RMB 122, 202.10. A settlement agreement has been signed. Judy C Z Lin, Colin Y F Yang, and Ding Ting represent the defendants on behalf of China United Lines Ltd., Cul Agency (Taiwan) Ltd. to handle this case. Through our best efforts, we have greatly reduced the losses for our clients and achieved a very satisfactory result for our clients.

 

        Typical significance of the case: the carrier of a sea waybill without a contractual relationship with the shipper is not liable for the loss of the goods, which has a broad guiding significance for similar cases.



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