PT Ramarinda is a major exporter of spices from Indonesia. A booking was placed by PT Ramarinda a 20ft container, for a shipment of cloves and other mixed spices to Zanzibar, on the Maersk Nasantara 28N. The transit was expected to be 73 days (ETA 11/2/2022). The vessel Maersk Nasantara 28N sailed from PT New Priok Container Port in Jakarta on the 30th November 2021 as scheduled. An onboard Bill of Lading (BOL) was issued for the said cargo. On the voyage to Zanzibar, Maersk Nasantara encountered engine problems and was set adrift for 2 days. The vessel was subsequently rescued and was towed to a Port in India for repairs. Consequent to the incident, the said container that PT Ramarinda shipped was made available to the consignee in Zanzibar one month later than expected, on the 11th March 2022. When the cargo was inspected, it was found that some of the spices in the container were damaged by sea water and were not safe for human consumption.

Is the carrier (Maersk Lines) in breach of its obligations with respect to the sea water damage to the shipment.