Notice of Force Majeure. Haiti Earhquake
January 16, 2010
January 16, 2010. Due to the damage and disruption cause by the January 12, 2010 earthquake in Haiti and the continuing circumstances in Haiti, Seaboard Marine discontinued its regular cargo operations to Haiti. Seaboard Marine ceased taking bookings for regular cargo to Haiti and cargo on vessels destined for Haiti has been redirected. Information on the condition of cargo located at facilities in Port-au-Prince, Haiti is not available at this time and it is not known when these facilities will be available for regular cargo services.
Due to this Act of God and/or “Force Majeure” event, and the continuing circumstances effecting Haiti, Seaboard Marine is inhibited from performing under any applicable bill of lading and/or services contracts affected by these events. The rights and liabilities of Seaboard Marine are governed in accordance with Clause 4b and related provisions of Seaboard Marine’s Bill of Lading, Rule 002 Subrule 007 of Seaboard Marine’s tariff, certain other rules set forth in the applicable tariff(s), any similar provisions contained in any applicable service contract, and applicable law. Seaboard Marine is not legally responsible for any loss or damages resulting from this Act of God, and/or “Force Majeure” event, any subsequent civil unrest, and/or other circumstances existing in Haiti as a result. At this time it is not known how long this Force Majeure will continue. Seaboard Marine, as well as its affiliated companies, assert any and all defenses available to it under applicable law, its bill of lading, service contracts and/or any other applicable agreement.
Seaboard Marine urges customers who have cargo affected by the earthquake to immediately notify their cargo insurer.
Seaboard Marine personnel are available to assist customers. Please call your Seaboard Marine representative or 305-863-4743.