MAERSK SALTORO
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Engine damage raises legal question
The 'Maersk Saltoro', which had set sail on Dec 27 from the main port of San Antonio in Chile with more than 1,300 containers full of cherries and an ETA at Nansha as of Jan 20, remained NUC in the the waters of Micronesia as of Jan 28. about 1,200 kilometers northeast of New Guinea, after suffering a technical failure in its main engine, which forced it to stop while the necessary repairs were being carried out. The Maersk company assured that it was in contact with the owners of the ship and the affected clients to report on the progress of the work and the next stages of the trip. The delay could lead to million-dollar losses for those involved in the export chain and also raised questions about legal responsibilities and possible compensation. The expert lawyer and founder of Legal Export, Rafael Durán, stressed that it must be analyzed whether the technical problem can be classified as a fortuitous event that exonerates the shipping company from any fault. To do so, certain criteria must be met: that the event is external, unforeseeable and irresistible. In addition, it is essential to check whether the ship had all the necessary certifications and preventive maintenance to guarantee its navigability. In the event that any negligence is proven, those affected could request relevant documentation from the shipping company, as permitted by Chilean maritime legislation. Exporters should also record any physical or commercial damage suffered by the cargo and submit protest notes within the time stipulated by law. The possibility that the shipping company declares “general average” to distribute the repair costs among the owners of the cargo is an additional concern. This scenario would imply unforeseen expenses for the owners of the containers. Given this uncertainty, exporters are advised to act with diligence, minimize potential damage and document all efforts made to protect their interests.
Container ship broke down
The 'Maersk Saltoro' broke down on Jan 13, 2025 ( Lat. 6.4326 Lng. 161.8149'), en route from San Antonio in Chile to Nansha. The ship was supposed to arrive in the port of destination on Jan 19, but is currently stationary in Micronesia. The ship has, among other things, 1,300 containers with fresh Chilean cherries on board, cherries that were supposed to be on the table for Chinese New Year on Jan 29. Now the cherries risk going bad before they reach Chinese consumers, with major losses as a result. Maersk confirmed that problems have arisen with the ship and that everything was being done to have it repaired as quickly as possible. A special team is ready to speak to customers who are concerned about their goods on board the 'Maersk Saltoro', which was still NUC on Jan 26 in pos. 02° 14' N 155° 17' E.
Ship of same managing company and design as Dali inspected in Baltimore
On the morning of Sep 21, 2024, at 6 a.m. a team of US federal agents carried out an investigation aboard the 'Maersk Saltor', after it docked at the port of Baltimore. Agents of the FBI and other agencies conducted a thorough investigation, but did not find any immediate issues that would prevent the vessel from operating. The vessel has the same managing company as the 'Dali', which caused the bridge collapse at Baltimore in March. The raid could be in connection with the FBI and Coast Guard’s investigation into the Key Bridge incident. The team consisted of federal agents from the Federal Bureau of Investigation (FBI), the Environmental Protection Agency (EPA), and the Coast Guard Investigative Service (CGIS). The FBI confirmed that the inspection was backed by a court order, but declined to comment further on whether it was related to the investigation against the 'Dali'. The authorities allowed the ship to resume operations shortly after the inspection. Both the 'Dali'' and 'Maersk Saltoro' are sharing the same design and have been built by the same shipyard. The 'Maersk Saltoro' has held a spotless track record since the vessel’s delivery in 2015 and has consistently met safety and operational standards. The ship is scheduled to dock in Sri Lanka next month.
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