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|  | | MSC DANIELA ¨C CUSTOMER NOTICE |
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Update for customers affected by MSC Daniela incident 4/4/17 General average declared Limitation fund constituted in English court MSC Daniela ¨C Voyage FD711W With regret for the continuing inconvenience to MSC Customers, MSC provides the following update in relation to this incident involving MSC Daniela. Following complete discharge of the vessel at Colombo, Sri Lanka sound cargo was on-carried to destination, and fire-damaged and water-damaged cargo was inspected and on-carried where possible. Where it was not possible to on-carry cargo, cargo remnants are being sold as distressed cargo. Where of no value, cargo remnants are being disposed of locally.
MSC Customers who have suffered loss or damage by reason of water damage have already been advised to present their claims to the General Average Adjusters, Richards Hogg Lindley (¡°RHL¡±), claiming their losses as ¡°General Average sacrifice¡±. RHL¡¯s contact details are at the bottom of this Notice and they are able to advise on the procedure to be followed in order to claim in General Average.
MSC does not consider that it has any liability for the losses caused by misdeclared dangerous cargo on board this vessel. However, in response to requests for security for any legal liability which MSC may have for fire-damaged cargo and for water-damaged cargo (to the extent not recoverable in General Average), MSC has now constituted a Limitation Fund in the English Courts (pursuant to the 1996 Protocol to the 1976 Tonnage Limitation Convention) for a principal value of approximately USD 87.2 Million. The English Court will shortly be ordering the date in 2018 by which any claimant must file his claim against this Fund in order to benefit from security for any potential claim. The six firms of English lawyers and claims recovery agents listed below (in alphabetical order) have advised MSC that collectively they are representing more than 50% of all cargoes on board the vessel and they will be able to provide advice to any other MSC Customers requiring assistance in filing claims in the English Limitation proceedings.
If Customers require any additional advice on these matters they should contact their local MSC Agent. |
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