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Fratelli Cosulich, Bomin Bunker Oil in U.S. court over off-spec marine fuel

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Charterer Amaggi claims ‘engine damage’ rising out of marine fuel used by bulk carrier Daiwan Elegance.
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Amaggi SA, the time charterer of bulk carrier Daiwan Elegance, on 1 November filed a complaint aganist Fratelli Cosulich Unipessoal SA and Bomin Bunker Oil Corporation at a US court over the supply of alleged off-spec 380 centistokes (cSt) grade marine fuel, according to documents seen by Manifold Times.

Amaggi order the fuel from Fratelli Cosulich which in turn contracted Bomin Bunker Oil to supply the bunkers when the vessel reached Hampton Roads in early November 2018.
About 310 metric tonnes (mt) of ISO 8217:2005 RMG 380 – 3.50% S MAX marine fuel was delivered to the 35,531 dwt vessel on 3 November.

The Daiwan Elegance started using the fuel on 4 November and began to suffer machinery problems on 5 November; it stopped using the fuel on 10 November.

An analysis report on or about 11 March, 2019 found the fuel was off-specification for “Density @ 15°C,” as the result was 993.4 kg/m3 compared to the upper specification limit of 991.0 kg/m3. The “Total Sediment by Hot Filtration” was 0.07% (m/m). Additionally, the result for “Asphaltene Content” was 9.4 Wt.%, which was considered “high”.

Results of second test on 18 April of a sample provided by Bomin Bunker Oil showed the fuel was off-speculation for “Density @ 15°C,” this time registering 994.1 kg/m3 compared to the upper specification limit of 991.0 kg/m3.

Amaggi notes the off-spec fuel will have to be debunkered and disposed at “considerable cost” if it cannot be salvaged for use.

It is seeking compensation from Fratelli Cosulich and Bomin Bunker Oil for all damages arising out of the use of the off-spec marine fuel.

Photo credit: MarineTraffic / Trevor Powell
Published: 6 November, 2019