Amdahl Corporation v. Profit Freight Systems, Inc., a Corporation Lep International Inc. Lep Profit International, Inc. Atlas Consolidated Container

This appeal involves a suit to recover for damage sustained by a laser wire bonder during overseas transport. Plaintiff-appellant Amdahl Corporation (Amdahl) appeals an order of the Northern District of California granting partial summary judgment to defendants-appellees Lep Profit International (Lep) and Atlas Consolidated Container, Inc. (Atlas). The district court determined that 46 U.S.C.App. § 1304(5) limited the liability of Lep and Atlas to $500 for damage to Amdahl’s package. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the order of summary judgment as to Atlas but we reverse the order of summary judgment as to Lep.

I.

Amdahl contracted with Lep to ship a laser wire bonder from Sunnyvale, California to Dublin, Ireland. That contract was in the form of a “Shipper’s Letter of Instructions.” On the front page of that contract, Amdahl authorized Lep to “sign and accept [in Am-dahl’s name] any documents relating to said shipment and forward this shipment in accordance with the conditions of carriage and the tariffs of the carriers employed.” On the reverse of the contract Lep and Amdahl specifically agreed to limit Lep’s liability to twenty dollars per…