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John chartered the mv. Marvel from Steve for a voyage from Bristol to Amsterdam. The charter-party stated that it was a demise charter-party and provided inter alia that Steve would be responsible for the appointment of and payment of the wages of the crew. The crew would be under the orders of the charterer. The charterer to indemnify the owner for all liabilities arising out of bills of lading signed by the master. The charter-party contained a liberty to deviate clause and exempted liability for breach of the implied warranty of seaworthiness. Megan consigned (consignment A) a cargo of cartoon compact discs (cds) to Pogba aboard the mv. Marvel, subject to Bankers Confirmed Documentary Credit. The bill of lading was stated to be subject to all terms and conditions of the charter-party. The Bill of Lading staled that the Consignment A had been received in good order and condition. Megan has received payment for the cds by The Midlands Bank. Pogba has given a trust receipt to the New Dutch Bank and taken possession of the bill of lading in readiness to present it to Captain Paul when the mv. Marvel arrives at North Quay Amsterdam. Captain Paul called in at Rotterdam to drop a birthday present into Mrs.Paul. On leaving Rotterdam the vessel ran into heavy water. Some waves penetrated the cargo hold through a porthole which had not been firmly secured, and which could not be reached once the ship was loaded. Some of the cds in Consignment A are damaged by salt water. During unloading consignment A is dropped from the crane onto the quay due to the negligence of the stevedores unloading the vessel and some of the cds are damaged. The stevedores take some of the undamaged cds home for their kids.
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