Del Monte Philippines, Inc. on Wednesday said it is planning to file countercharges against Sulpicio Lines, claiming that they properly declared the ‘endosulfan’ cargo to the shipping company and that they are willing to present documents to prove it.
Cito Alejandro, general manager of Del Monte, presented documents to prove that his company disclosed the nature of the cargo and that they had submitted all these relevant documents to Sulpicio Lines.
Sulpicio Lines filed on Tuesday a lawsuit against Del Monte alleging that the food company failed to declare their endosulfan cargo onboard Princess of the Stars as a "toxic substance" and a "marine pollutant".
The case was filed by Sulpicio Lines Vice-President for Marketing Jordan Go. Go said Del Monte was charged with a case of Breach of Terms and Conditions in the Bill of Lading.
Sulpicio Lines said that it was only on June 25 that Del Monte handed the shipping company a letter admitting endosulfan was in their cargo or four days after M/V Princess of the Stars capsized off the waters of Sibuyan island in Romblon province.
Sulpicio Lines claimed that on June 28, they sent a letter to Del Monte asking the company to explain why they did not include the nature of endosulfan in their bill of lading. In its Pro Forma Lading of the cargo, the food company only indicated "400 Box Endosulfan Technical 94% Min", said Sulpicio.
Endosulfan properly labeled
The food company, however, claimed that their cargo container which was filled with endosulfan has a picture of a fish with a superimposed X symbol, and with the words "Marine Pollutant" below it, which indicates its nature as dangerous to the marine life.
The cargo also has the numbers 2761, a code assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods, to indicate that the materials were organochlorine pesticide, solid and toxic.
Alejandro said a material safety data sheet was also given to Sulpicio which enumerated details about the hazards or toxic nature of the endosulfan cargo, first aid, fire fighting, handling and storage, and exposure control measures for the cargo.
The food company also showed the Bill of Lading of Yang Ming Transport that covered the ‘endosulfan’ shipment from Israel to Manila, where it was specifically indicated that ‘endosulfan’ is toxic and a marine pollutant.
The Dem Monte general manager also showed to the media that they have a certification from the Israeli supplier of endosulfan, Makhteshim Chemical Works Limited, which says that each drum contained a general label with the hazard symbols and the UN number and that the container had markings indicating the cargo inside is a marine pollutant.
Del Monte said their Israeli supplier is also willing to testify if called to support their statements that the endosulfan cargo was properly declared and labeled as hazardous.
Saving on cargo charges?
Sulpicio had also accused Del Monte of trying to reduce cargo costs when it allegedly did not declare its cargo as toxic.
Go said that the freight charge for toxic shipment costs P183,220.37 compared with P58,894 for a regular cargo. Sulpicio Lines said if it had known that endosulfan is a toxic cargo, it would have charged the food company P336,440.74.
The shipping company also said that had it learned, prior to the ship‘s departure, that the cargo was a toxic chemical, it would not have carried them in the MV Princess of the Stars since it was a passenger vessel.
As a result of the ship's sinking, Sulpicio Lines said that it was obliged to hire foreign experts to conduct a special cargo retrieval operation for the endosulfan to avoid leakage of the chemical.
Go said the shipping company might charge Del Monte between P3 million to P5.5 million in damages after Sulpicio Lines received criticisms from the public following the sinking of the ferry. He said this was due to Del Monte's alleged failure to declare endosulfan as a toxic chemical.
The shipping company said the act of Del Monte was clear "deceit, wanton recklessness, fraud and negligence".
Del Monte however denied that they are saving on shipping costs as shown by the receipts which indicated the fees Del Monte had paid.