Indemnity Insurance Co of North America v Hanjin Shipping Co - US Court of Appeals (7th Cir)(Flaum CJ, Wood and Evans Ct JJ) - 31 October 2003

Carriage of goods by sea - Container of tools carried under waybill involving sea and land transport from China to Indiana, United States - Waybill expressly incorporating Hague Rules - Container went missing after being inspected on behalf of US Customs en route to Indiana warehouse - Whether carrier in breach of contract in failing to deliver container

Lowe's Companies Inc wanted to purchase some power tools from China. Lowe's contracted with the shipowners to transport a container holding the tools from China to Lowe's warehouse in North Vernon, Indiana. The waybill involved both sea and land transport. Lowe's was the named consignee, and the "Notify Party" was given as Fritz Companies Inc of Savannah, Georgia. If delivery was required to be made to a party other than the named consignee, authorisation had to be given in writing by the shipper to the shipowners or their agent. The waybill provided that it was to be governed by the Hague Rules.