- With reference to bunkering of marine diesel oil:
(a) explain why the suppliers’ tanks should be dipped prior to and after receiving fuel;(4)
(b) explain what is meant by a letter of protest, and when it must be issued;(4)
(c) state the person responsible for issuing the letter of protest.(2)
Why the suppliers’ tanks should be dipped prior to and after receiving fuel
Dipping the supplier’s tanks before and after receiving marine diesel oil (MDO) is a crucial step in the bunkering process to ensure transparency, accuracy, and prevent disputes related to the quantity of fuel delivered.
Here’s a breakdown of the reasons why it’s important:
Before Bunkering:
- Verify Initial Quantity:
- Dipping the supplier’s tanks before the transfer begins establishes the baseline quantity of fuel available in the barge or tanker. This serves as a reference point for calculating the actual amount of fuel delivered to the receiving vessel.
- Detect Contamination:
- The initial dip can also help identify any potential contamination or water presence in the supplier’s tanks. If any issues are detected, they can be addressed before the transfer commences, safeguarding the quality of the fuel received by the vessel.
After Bunkering:
- Calculate Delivered Quantity:
- Dipping the supplier’s tanks after the transfer is complete determines the remaining fuel quantity. By comparing the initial and final readings, the actual amount of fuel transferred to the vessel can be calculated accurately.
- Verify Delivery Accuracy:
- The calculated delivered quantity is then compared to the quantity stated on the Bunker Delivery Note (BDN). This helps ensure that the vessel received the correct amount of fuel and prevents any discrepancies or potential disputes with the supplier.
- Detect Potential Losses or Spills:
- Any significant difference between the calculated delivered quantity and the BDN quantity could indicate potential losses or spills during the transfer. This prompts further investigation to identify the cause and take necessary corrective actions.
- Resolve Disputes:
- In case of any discrepancies or disagreements regarding the delivered quantity, the dip readings serve as crucial evidence to resolve any potential disputes between the vessel and the supplier.
Additional benefits:
- Transparency and Trust: Dipping the tanks before and after the transfer promotes transparency and builds trust between the vessel’s crew and the fuel supplier.
- Quality Control: By checking for water or contamination before and after the transfer, potential fuel quality issues can be identified and addressed.
- Loss Prevention: Regular dipping helps in identifying any leaks or losses within the supplier’s tanks, ensuring their proper maintenance and preventing fuel wastage.
In conclusion, dipping the supplier’s tanks before and after receiving MDO is a vital practice in the bunkering process. It ensures accurate measurement of the delivered fuel, verifies compliance with the BDN, helps detect potential contamination or losses, and promotes transparency and trust between the involved parties.
What is meant by a letter of protest
With reference to bunkering of marine diesel oil, a letter of protest is a formal written statement issued by the ship’s Master or Chief Engineer to the fuel supplier, formally expressing dissatisfaction or disagreement with some aspect of the bunkering operation. It serves as a legal notice to protect the ship owner’s interests and preserve their right to claim damages or compensation at a later stage.
When a Letter of Protest Must Be Issued:
- Quantity Disputes:
- Short Delivery: If the delivered quantity of fuel is less than what was stated on the Bunker Delivery Note (BDN) and verified through tank soundings or measurements, a letter of protest should be issued promptly to the supplier.
- Over Delivery: While less common, if the delivered quantity significantly exceeds the ordered amount, a letter of protest may also be necessary to protect the ship owner from potential liability or disputes over payment.
- Quality Disputes:
- Off-Specification Fuel: If laboratory analysis of the bunker samples reveals that the fuel quality does not meet the agreed specifications or the requirements of MARPOL Annex VI (e.g., excessive sulfur content, presence of contaminants), a letter of protest should be issued.
- Operational Problems: If the fuel causes operational issues with the ship’s machinery, such as filter clogging, fuel pump problems, or engine performance issues, and these issues can be directly attributed to the fuel quality, a letter of protest may be warranted.
Timeframe for Issuing a Letter of Protest:
- Promptly: It’s crucial to issue the letter of protest as soon as possible after the discrepancy or issue is discovered. Delays can weaken the ship owner’s position and may even lead to the claim being denied.
- Before Leaving Port: Ideally, the letter should be issued before the vessel leaves the port where the bunkering took place. This allows for immediate investigation and potential resolution of the issue.
- Within Reasonable Time: If it’s not possible to issue the letter before departure, it should be done within a reasonable timeframe, typically within a few days of the bunkering operation.
Key Points to Remember:
- Formal and Specific: The letter of protest should be written in a formal tone, clearly stating the nature of the complaint, relevant dates, times, quantities, and any supporting evidence.
- Copies: Copies of the letter should be sent to relevant parties, such as the ship owner, charterer, P&I club, and any involved surveyors or agents.
- Notarization: In some cases, it may be necessary to have the letter of protest notarized by a public notary to strengthen its legal validity.
The issuance of a letter of protest is a crucial step in protecting the ship owner’s interests in case of any disputes or claims arising from bunkering operations. By promptly and formally documenting their concerns, the ship owner preserves their right to seek compensation or damages for any losses incurred due to the supplier’s non-compliance or negligence.
The person responsible for issuing the letter of protest
With reference to bunkering of marine diesel oil, the person responsible for issuing the letter of protest is typically the ship’s Master.
In some cases, the Chief Engineer may also be authorized to issue the letter, particularly if the issue is directly related to the fuel’s quality or impact on the ship’s machinery.
However, the Master ultimately holds the overall responsibility for the vessel and its operations, including bunkering activities, and therefore has the authority to formally lodge a complaint with the fuel supplier through a letter of protest.