370. Breffka and Hehnke GMBH and Co KG & Others v Navire Shipping Co Ltd & Others (The “Saga Explorer”) [2012] EWHC 3124 (Comm)

Bills of Lading – “Retla” clause not absolving carrier from identifying and describing substantial defects in Bills of Lading.

The Facts

Steel pipes were shipped from Ulsan, Korea to Los Angeles, San Francisco and Vancouver.

Loadport surveyors found that part of the cargo was “partly rust stained”, “wetted before shipment by rain and partly rust stained and slightly scratched on surface”, “wetted before shipment by rain and partly rust stained in white oxidation on surface”.

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