In June 2015, a cargo of personal belongings, in good condition are handed over to the agent Right Move 4 U (RM4U) under a contract signed in California, US between Madhu Sameer and Right Move 4 U for disassembly packaging at origin Fresno California, moving, assembly and removal of debris at destination Christchurch. (AppF, p. 129-131) Parties agree that the goods will be insured for the replacement value of $350,000.

The goods are insufficiently packaged at night into approx. 500 boxes, and unprofessionally loaded into a 40 ft container (FIRST CONSIGNMENT) (App F, 173-181) and all precautions required for proper insurance are ignored. Forty (40) items are accidentally left behind by RM4U. Sixteen of these are then picked up as SECOND CONSIGNMENT and the agent agrees to pay for freighting these to new Zealand. The agent also offers to pay for carriage of 8 items as checked baggage (THIRD CONSIGNMENT). The shipper is forced to destroy the rest.

RM4U then insures the goods only for $115,000 (instead of $350,000) with TALBOT Insurance, at second hand value 1, and uses SHIPCO as the NVOCC to ship the goods to new Zealand. RM4U buys cheap cargo space that stores the cargo on deck without shipper's consent thereby illegally reducing its cost at the shippers expense.

The FIRST CONSIGNMENT, sails to New Zealand from a Californian Port. The on-deck cargo is significantly damaged. Agent RM4U converts the SECOND CONSIGNMENT, and refuses to pay for the carriage of THIRD CONSIGNMENT.

When the FIRST CONSIGNMENT arrives in Christchurch, New Zealand, the local agent of RM4U, CRL tricks Madhu Sameer into signing the customs release, and uses the original BOL prepared in US by SHIPCO to secure delivery orders that are used to move the goods thru NZ Customs to its warehouse.

CRL then finds that 33% of the shipment has been damaged, prepares a new inventory list and arbitrarily characterizes the damaged items as having been packed by the owner (AppF, p.l50-163). Goods packed by owner are not covered by Insurance. CRL then conspired with insurance agent TALBOT and RM4U to have the insurance cancelled (AppF, p.l77)

CRL and RM4U then inform Madhu Sameer that they had "mistakenly" underquoted for the contract in US, and demand extra money in excess to the contracted price, also stating that they are not responsible for damages by RM4U (p.l90).

Given the conversion of the SECOND CONSIGNMENT, Madhu Sameer refuses to pay extra, and seeks mediation through Federal Marine Commission (FMC). CRL and RM4U inform FMC that they are agents of RM4U and will deliver the goods for $667 and will seek the balance from RM4U.

However, once Madhu Sameer pays this amount, CRL demands $4051 more for delivery as per the contract. When this amount is paid, it demands $990 more. When this amount is paid, it demands $1100 more. On each occasion, along with the additional payment, CRL demands that Madhu Sameer also sign a waiver of liabilities, remove all negative reviews it has given to the

Whether the defendants are liable for the full value of the damaged cargo under the Harter Act, given the alleged destruction of the original bill of lading and the creation of a forged bill of lading