II. The Nexans-case – an outline of the factual background
The facts of the case are, in short:
Nexans had undertaken to transport a cable from its production plant in Northern Norway to North England. The first leg of transport, from Northern Norway to the Stavanger area by truck, was arranged by Nexans. For the remaining distance, Nexans engaged Kuehne + Nagel (KN). The cable, for the remote control of subsea vessels, was more than 3,3 km long and rolled up on a drum, with a total weight of about 20 tons
The truck delivered the drum to KN’s terminal in Risavika (close to Stavanger). KN engaged Pentagon to carry out the transport from there to the final destination, and Pentagon in turn engaged three subcontractors:
Lode to bring the cargo on an open trailer from KN’s terminal to the terminal of Sea-Cargo – a distance of a little more than 2 km, most of it on public roadway,
Sea-Cargo to carry the trailer by ship to Immingham in England – a distance of about 380 nautical miles, normally covered in about 20 hours, and
an English truck company to take the trailer about 260 km from Immingham to the final destination.
Lode placed and secured the drum on the trailer, and on arrival at the terminal of Sea-Cargo, the trailer was drawn on board the vessel M/V Norrland by Sea-Cargo’s servants. The trailer was secured to the deck.
Shortly after departure from the terminal, the vessel encountered heavy wind and waves which caused heeling up to 35 degrees, and eventually the drum loosened from the trailer and fell onto other cargo. It was agreed that the cable was a total loss.