ĭBI then made several demands to Ambiente for the payment of the shipment, but to no avail. Thereafter, ASTI released the shipment to Ambiente without the knowledge of DBI, and without it receiving payment for the total cost of the shipment. Under the Agreement, Ambiente obligated ASTI to deliver the shipment to it or to its order "without the surrender of the relevant bill(s) of lading due to the non-arrival or loss thereof." In exchange, Ambiente undertook to indemnify and hold ASTI and its agent free from any liability as a result of the release of the shipment. On January 23, 1996, Ambiente and ASTI entered into an Indemnity Agreement (Agreement). DBI retained possession of the originals of the bills of lading pending the payment of the goods by Ambiente. To acknowledge receipt and to serve as the contract of sea carriage, ACCLI issued to DBI triplicate copies of ASTI Bill of Lading No. On January 7, 1996, DBI delivered the shipment to ACCLI for sea transport from Manila and delivery to Ambiente at 8306 Wilshire Blvd., Suite 1239, Beverly Hills, California. ACCLI is a domestic corporation acting as agent of ASTI, a US based corporation engaged in carrier transport business, in the Philippines. Ambiente designated ACCLI as the forwarding agent that will ship out its order from the Philippines to the United States (US). The shipment was worth Twelve Thousand Five Hundred Ninety and Eighty-Seven Dollars (US$12,590.87) and payable through telegraphic transfer. Sometime in October 1995, Ambiente, a foreign-based company, ordered from DBI 223 cartons of assorted wooden items (the shipment). (DBI).ĭBI is a domestic corporation engaged in the production of housewares and handicraft items for export. (ACCLI) from liability in the complaint for sum of money and damages filed by petitioner Designer Baskets, Inc. (ASTI) and Asia Cargo Container Lines, Inc. 79790, absolving respondents Air Sea Transport, Inc. This is a Petition for Review on Certiorari of the AugDecision and SeptemResolution of the Court of Appeals (CA) in CA-G.R.
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