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in判決書

臺灣高雄地方法院100年度海商字第17號

關鍵資訊

  • 裁判案由
    損害賠償
  • 案件類型
    民事
  • 審判法院
    臺灣高雄地方法院
  • 裁判日期
    102 年 03 月 29 日

       10017    貿              102 3 7 375 121 401 3435 Foreign Elements982259997 KENWEST KENWEST KENWEST KENWEST 調 995 263 4 調781 781 781 使 Sea Waybill 1 7 781 781 781 4072 997 KENWEST 960 18.75 18,000522,000 KENWEST 997 26NYKU0000000-00NYKZ0000000000KENWEST 0 C 997 29998 4 3 C 998 9 10C 30C 998 12KENWEST 1 調0 C -0.3C +2.2C C/Y 6917 298 997 KENWEST 18.75 160 18,000522,000 KENWEST CY-CY/FCL-FCL NYKZ0000000000Sea Waybill 0 C 25cubicmeter 998 10998 12西 522,000 202 2 11157577787 182 2 402 4 1 991365982333981805981895998 995 26100 5 2662995 26 6 1 KENWEST The printed terms and conditions on this Bill are available at its website at www.nykline.com.ww.nykline.com7 106 4 a The contract evidencedby or contained in this Waybill shall be governed by Japanese law except as may be otherwise provided herein 180 185 7231使20086 17REGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILof 17 June 2008 on the law applicable to contractual obligations (RomeI) 3 2 The parties may at any time agree to subject the contract to a law other than that which previously governed it, whether as a result of an earlier choice made under this Article or of other provisions of this Regulation. 6 1 6 1 使621 3 636917982482644 1 7 105 KENWEST 2 The product s of 100% IPG UNITED STATES FRESH BROCCOLI had became tan with peculiar smell. Therefore they areunable to sell as food and have no commercial value.100%IPG 11108 調Upon opening of the reardoors of container, bad odor still reached to us. All the selected broccolis were noted discoloredinto yellow and decayed to various extents. 46882 2225117 120 調998 131 26 CY-CY/FCL-FCL CYcontainer yard cargo/FCLfull container load cargo KENWEST This is to certify that the plants, plant product of other regulated articles described herein have been inspected and/or tested according to appropriate official procedure and are considered to be free from the quarantine ports, specified by the importing contracting party and to comform with the current phytosanitary requirement of the importing contracting party including those for regulated non-quarantine ports. / 302 997 26 RECEIVED by the Carrierfrom the Shipper in apparent good order and condition unless otherwise indicated herein, the Goods, or package(s) said to contain the Goods to be carriedsubject to all the terms and conditions herein. 7 105 調調For above, we considerd the exact cause of damage to this shipment should be attibuted to excessive high temperature during the whole period of transit dueto insufficent pre-cooling prior to shipment. 4789In our opinion, the whole container of Fresh Broccoli had been damagedby high temperature and was unable to sell. 10108 調調調 0 C 25997 267 298 117 9 4385105 107 The temperature s measured by instrument were 12.4in entrance of container, 15.8~16.1 in middle and 36.4in rear side. And it had no air from ventilation. According to the temperature recorder inside the container Brand NameQuality BLUE digital recorder, TEMP,RECORDERNO.815755 ,the temperature started to fluctuate after 30/07/2010 . The temperature of 08/04/2010 was 3 , and after that it apparently went up, atthe date of 09/08/2010 reached to 10, and then to 30 after 09/08/2010. 12.415.8~16.1 36.4Quality BLUE81575520107 30便2010 84 3 20108 9 1020108 9 3010108 調Temperature Record1.Record on portable temperature recorderThe Shipper installed one set of temperature recorder inside the container No.NYKU-0000000. According to the records downloaded from the monitor serial#815755 uninstalled from the said container, we noted the temperature inside the reefer container during theperiod of transit as followsTime of Installation0821 on July 25, 2010 Temperature Records From the very beginning to August 1, the temperature was maintained around +1. From August 2 to the end of trip, the temperature increased from +1 to +30gradually. 3.Were Shipper's temperature recorders stowed in area where circulation restrictedNo. 1.NYKU-7142515#815755 20107 258 218 1 1 C 8 2 1 C 30C 3.458781575598997 26998 1 0 1 C 使-0.3C +2.2C 54610 C 調0 C -0.3C +2.2C 0 C 0 C 0 C 0 C 1 111 112 116 156 162 2 997 14997 26997 280 C 0 C 522,000 100 8 105% 78390 2 392 2 102 3 29 20 102 3 29