Unleaded Gasoline." Texport purchased this gasoline to be used as a blending component to make merchantable gasoline for resale to end users or traders in the Port of New York. The sales contract listed specifications for the gasoline. The maximum Reid Vapor Pressure ("RVP") (an evaporation point test) was 9.0 and the minimum octane of the cargo was to be 85.0. For May and June 1990 in the Port of New York, the maximum RVP content for merchantable gasoline was 9.0 based on local environmental regulations, and the minimum octane content was 87. To upgrade the gasoline to the required RVP and octane, blending was required.
The Amolyntos arrived at Constanza, Romania on April 14, 1990. Its prior cargo had been a shipment of coal to Taranto, Italy. The nature of the prior cargo is an important factor because of the plaintiff's contention that the coal contributed to the darkened color of the gasoline when it arrived in New York.
The Master of the vessel signed the Bill of Lading acknowledging receipt for 549,685 barrels of unleaded gasoline. In addition to various documents, the Master signed for and received six sealed samples of the cargo for delivery to the consignee and the surveyors at the port of destination. The six sealed samples were comprised of two average samples from the Romanian shore tanks, two average samples from the pipeline from the shore tanks to the ship's connection, and two average samples from the vessel's tanks after loading. Texport paid Bulk Oil for the cargo, and the Bill of Lading was endorsed to it.
The Amolyntos departed from Constanza on April 20, 1990 with New York as its destination. The ocean voyage was uneventful and the ship arrived in the Port of New York on May 10, 1990. Shortly after the ship's arrival and clearance by customs officials, surveyors representing various interests boarded the Amolyntos to gauge and sample the cargo, including Caleb Brett U.S.A. Inc., an independent public survey company ("Caleb Brett"), the seller Bulk Oil and the vessel.
On May 10, 1990, the attending surveyors conducted cargo gauging and sampling activities. During this operation, samples of all nine cargo tanks and the port duct keel were obtained and placed in glass bottles. In addition, the ship delivered all the Constanza samples to Caleb Brett.
By reason of the fact that several tank samples were darker than those obtained from other cargo tanks, Texport ordered Caleb Brett to re-sample three tanks, namely, tanks five, eight and nine. On May 10, 1990 at 6:00 p.m. and on May 11, 1990 at 6:30 a.m., Caleb Brett "pulled" two sets of samples from cargo tanks five, eight and nine for the purpose of re-analyzing these tanks, which contained gasoline having a darker color than the other six cargo tanks.
On May 10, 1990 or May 11, 1990, Texport notified the cargo insurers in London regarding a potential cargo contamination on the Amolyntos. Texport ordered the vessel not to start unloading the ship until the insurance representative reached the Amolyntos. On May 12, 1990, John Allen, representing the cargo insurers in London, arrived at the ship.
The cargo at issue was fully discharged at the Stapleton Anchorage using five barges in eight movements from May 15 to May 20, 1990. Texport personnel in Houston issued oral discharge instructions to the ship's personnel. The cargo from the various tanks on the Amolyntos was commingled on the barges, which then discharged the gasoline to the terminal shore tanks. The cargo was discharged by the barges to one shore tank at the Stolt Terminal at Outerbridge, near Perth Amboy, New Jersey, and to nine shore tanks at the GATX Terminal in Carteret, New Jersey. At the time, Texport leased shore tanks at both terminals.
The Amolyntos delivered 545,503.65 barrels of cargo, stored as follows:
Cargo Tanks Quantity
1 44,646.60 barrels
2 80,456.28 "
3 46,645.62 "
4 79,201.40 "
5 42,544.75 "
6 80,199.05 "
7 46,936.00 "
8 78,285.50 "
9 43,442.51 "
Port Duct Keel 3,145,94 "
TOTAL 545,503.65 barrels
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