M:Now comes the problems of excessive moisture and the loss in weight caused by it.Our report shows the moisture allowance was higher than that stipulated in our contract.

C:Well,Mr.Ma,we have made it clear from the very outset that we would not be responsible for moisture on arrival of the goods at their destination,and that the only basis for such a claim would be on the analysis of the samples taken at the time of loading.

M:That was understandable.Our analysis was made on the retained samples,as you can see.

C:Our analysis at the time of loading was made by two independent laboratories and their reports showed moisture content of 1.53 and 1.50 respectively.Accordingly we gave our moisture content as 1.515.Here are copies of their reports.Therefore,we disclaim any responsibility for the short weight of an additional 49 tons due to excessive moisture.

M:We wish to stress the point that our inspection was made in strict accordance with the stipulations in the contract.Inspection was made of the retained samples brought over by the ship’s master and the methods of analysis were exactly as recommended.However,the moisture content was found to be 1.75 instead of 1.515.In our opinion,therefore,you should compensate us not only for the 35 tons but also for the 49.82 tons.And we also expect a refund on the excessive freight we paid.

C:There is a great difference between 1.75 and 1.515.As we have agreed that the analysis of samples taken at the time of loading to be the basis for lodging claims,may I have the retained samples rechecked by another two laboratories?

M:Certainly.Here they are.

C:I shall rush them back for retesting.But,Mr.Ma,whatever the result,we don’t feel we’re liable for the “excessive freight”.You claimed the actual weight of the goods on arrival was lower than the weight shown on the B/L.So your claim for compensation of freight should rest with the shipping company.

M:It is unreasonable for us to make a claim against the ship owners as the short weight was due to excessive moisture.It is clear you should take responsibility for the excessive freight.

C:Let’s not argue about that now.As a lot hinges on the rechecking of the retained samples,shall we leave the question of moisture for the time being? We should have a reply in about ten days.