Translation

Bill of Complaint

Plaintiff: XXX
Legal Representative: XXX
Address: XXX, Shenzhen, China

First Defendant: XXX.
Address: XXX
Address of Service: XXX

Second Defendant: XXX Shipping Company Limited (The owner of M/V “XXX”)
Address: XXX

Third Defendant: XXX Cargo Service Far East Limited
Address: XXX
Address of Service: XXX

Claims:

1. The Defendants compensate the Plaintiff the loss of the cargo USD42,857.15;
2. The Defendants compensate the Plaintiff the loss of interest of Claim 1;
3. The Defendants pay the lawyer’s fee of the Plaintiff.
4. The Defendants bear all the court fees (based on the fee charged by the court).

Facts and Grounds:

1. On 3 August 200X, container No.GSTU7XXXX60 was loaded on board “XXX” and the third Defendant issued a set of the first Defendant headed Bills of Lading in respect of this container, the number of which is MRB01XX12XXX. On the bill of lading, Yantian was named as the port of loading, Hong Kong as the port of discharge and Puerto, Guatemala as the place of delivery (See attachment 1).

2. The said container was later transshipped on board M/V “XXX” but fell into sea and totally lost during the Vessel’s voyage from Hong Kong to Shanghai (See Attachment 2 & 3).

3. Since the loss of the cargo occurred during the defendants’ period of responsibility and/or custody, the defendants shall be liable for the loss of the cargoes loaded into the said container.

4. The plaintiff is the insurer of the cargoes who issued an insurance certificate numbered PEXP200XXX03XXX000000. (See Attachment 4). After the insured accident, the plaintiff has made the insurance payment and thereby has obtained the right of subrogation (See Attachment 5).

On the basis of the above facts and grounds, the plaintiff requests your honoured Court make an order as demanded.

To and with regards:

Guangzhou Maritime Court

Issuer of this Bill of Complaint:
XXX

Date: 20 August 2003

Attachments:

1. Bill of lading No.MRUB01RP00SZXXXX;
2. Notice from XXX to the consignee, XXX Automotives S.A., in respect of the loss into sea of the Cargoes;
3. The notice from Cargo Service (China) Limited in respect of the loss into sea of the Cargoes;
4. Insurance Certificate No.PEXP20024403MLCA000XXX;
5. Evidence of payment of insurance proceeds by the Plaintiff;
6. Invoice of the cargo.