Some key points to consider: 1. Charterparty clauses: (i) Detailed fuel specification requirements should be set out in clause including:
- recognised fuel standard eg latest version of ISO 8217
- sulphur requirements – bunkers to comply with Marpol Annex VI, EU Sulphur Regulations
(ii) Bunkers to be suitable for ship’s engines/auxiliaries
(iii) Bunkerquality,escalation,sulphurcontentclause
(iv) Bunkerstobetestedbyrecognisedfuelanalysisscheme
2. Bunker supply contracts: (i) Check terms of contract – are there onerous time bars and do seller’s supply figures prevail
(ii) When does title in bunkers pass
3. Lien avoidance: If the Master is asked to acknowledge receipt for bunkers on charterer’s behalf then wherever possible invoices should be stamped:
“ The goods and/or services being hereby acknowledged, receipted for, and/or ordered are being accepts and/or ordered solely for the account of the charterers [insert name] and not for account of said ship or her owners. Accordingly no lien or other claim against said ship can arise therefrom”
4. Sampling: (i) Drip samples to be taken throughout bunkering process at ship’s manifold
(ii) Sample containers to be sealed in presence of Chief Engineer. Seal numbers of all samples should be recorded in the respective sample labels and bunker delivery notes
(iii) SamplesincludingMarpolsample)toberetainedinsafe place on-board
(iv) One representative sample to be despatched to testing company
5. Claims (i) Place charterer supplier, or underwriters (hull, charterer’s liability) on notice
(ii) Note of protest to be issued
(iii) Samplingtotakeplacebyindependenttestingcompany
(iv) Off-specificationbunkerstobedischarged (by charterer if liability is established)
(v) Damaged engine parts to be retained, photographic and written records should be taken
* This is only a summary guide and is not an exhaustive analysis of all issues that need to be considered.
Source: UK Defence Club