Hitachi Data System Corp. v. United Parcel Service, Inc.

Hitachi arranged for the shipment of seven crates of computer equipment from California to the Netherlands, which were damaged when they fell off a dolly at Schiphol Airport in Amsterdam. Damage claims against air carriers are governed by the Warsaw Convention. 1 See Convention for Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, 49 Stat. 3000 , T.S. No. 876, reprinted in 49 U.S.C. § 1502 note (1988) [‘Warsaw Convention”]. The air waybills for Hitachi’s shipment required Hitachi to provide written notice of damage to the carrier within 14 days of delivery. 2 Although the incident occurred on March 24, 1991, Hitachi submitted no written notice until December 21, 1992.

Hitachi argues that Defendants-Appellees gave Hitachi an air waybill that failed to provide all the particulars required by Article 8 of the Convention. Specifically, Hitachi alleges that the waybill violated subsections (b), (c) and (e) of Article 8, by listing an incorrect place of departure, neglecting to provide a valid address for Defendant-Ap-pellee United Parcel Service [“UPS”], and omitting a scheduled refueling stop in Newfoundland. Hitachi argues that…