FORMAL DEMAND LETTER
LOGISTICS:
Vessel: M/V 3849583958
Cargo: Prime rolled
concrete reinforcing deformed steel bars produced from billet steel via
conventional air cooled process. Included
3021 bundles, 3,605,559 metric tons.
Bill of Lading: d8g002830
B/L Date: 11/9/06
Deal/Lot/P.O. No.: 938472940
Port Discharge: Houston , Texas
Shippers: Shmittening
Inc.
Damage: Physical
damage to twelve (12) bundles of 3/8” X 40’ Gr 60
DEMAND INFORMATION:
Upon discharge of cargo at Port
Everglades, Florida in November, 2007, twelve bundles of the above cargo were
observed to be damaged by Smithtown personnel.
Captain Johnson was informed and took notice of the incident. These bundles were to be ultimately discharged
in Houston , Texas
On January 2, 2007, Fred Smith of
Metals Inc. contacted Raul Julio via email regarding this incident.
On February 2, 2007, Princeton
Marine conducted a Cargo Damage Survey and Salvage Sale at Inbesa America
Terminal in the Port of Houston. The twelve
(12) bundles from the M/V 3849583958 were found heavily rust stained with loose
bars, distorted, and with heavily bent bars along the length, especially on their
ends. The bundles were determined to be
damaged beyond a sound, useable, and/or saleable condition due to the rust and
physical damage sustained.
The damaged cargo was then sold
for salvage in the amount of $240.00 per net ton on the basis of “as is, where
is”. The total value of the twelve
bundles is $12,265.94. The salvage
proceeds of 24.004 net tons totaled $5760.94.
Thus, the total loss is $6505.00.
The surveyor’s fees equal $350.00, bringing the total loss to Metals Inc.
to $6855.00, which we now demand of you.
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