Copenhagen-based Falcon Navigation A/S, the chartering car of Falcon Maritime Group, has filed a authorized go well with towards World Fuel Services Corporation (WFS) on the US District Court for the Southern District of Florida on 23 March 2021.
The go well with is relating to the supply of alleged cat nice and sulphur off-spec VLSFO bunker gasoline to the majority provider M/V WL Uglich, an ocean going vessel sub-chartered from Disponent Owner W.L. Shipping Ltd on 20 September 2020, based on courtroom paperwork obtained by bunkering publication Manifold Times.
On September 24 2020, WFS delivered 240.06 metric tonnes (mt) of VLSFO and 30.20 mt of marine fuel oil (MGO) to the M/V WL Uglich by way of agent NuStar Energy Services, Inc. at Houston port in Texas.
Testing by Veritas Petroleum Services (VPS) discovered gasoline samples exceeding the specs for aluminium and silicon, and was above the authorized restrict for sulphur at 0.53%; subsequent testing by Intertek discovered sulphur to be at 0.5597%.
Falcon Navigation claimed it tried asking WFS for entry to the barge samples (to confirm whether or not the VLSFO was non-conforming) following the take a look at experiences from VPS and Intertek; nonetheless, WFS refused to permit the exams on each events.
On October 19, 2020, the M/V WL Uglich was redelivered to W.L. Shipping at Vila do Conde, Brazil the place the Disponent Owners finally performed debunkering operations between October 24-25, 2020.
Due to the above developments, the Disponent Owners have additionally began arbitration proceedings at London, England and will probably be presenting a claim to Falcon Navigation in search of prices of substitute bunkers, prices of debunkering, and different losses.
Falcon Navigation believes it’s doubtlessly responsible for claims of above USD $500,000 beneath the indemnity clause; and additional doubtlessly responsible for claims in an quantity in extra of USD $350,000 beneath the contribution clause.
“Any quantities that Plaintiff is compelled to pay within the arbitration referenced herein, whether or not by settlement or arbitration award, will probably be due to the damages occasioned by the availability of off-spec bunkers by WFS, and FALCON is due to this fact entitled to contribution from WFS,” acknowledged the authorized consultant of Falcon Navigation.
Photo credit score: MarineTraffic / Kees van der Meijden
Published: 22 April, 2021