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Bomin Bunker Oil claims it supplied ‘on-spec’ bunker fuel to Thorco Lineage

18 Oct 2018

Bomin Bunker Oil Corporation (Bomin) alleges it supplied ‘on-spec’ marine fuel to the Thorco Lineage, the international bunkering firm said in its defense against a claim by World Fuel Services (WFS) marine fuel brokerage subsidiary Trans-Tec, show legal documents obtained by Manifold Times.

Trans-Tec in August took Bomin and shipowner TKK Shipping to court over a dispute as to the applicable contractual terms and provisions for a marine fuel sale and damage claims arising from the grounding of general cargo ship Thorco Lineage.

Trans-Tec contracted Bomin to supply bunker fuel to the Thorco Lineage at the Port of Cristobal, Panama where there the bunkering operation took place on 7 June.

The vessel on 24 June ran aground in French Polynesia due to engine failure within 24 hours of switching over to the fuel allegedly supplied by Bomin.

The charterers of Thorco Lineage, through TKK, notified Trans-Tec of the vessel grounding and engine failure, asserting a claim the marine fuel supplied by Trans-Tec in Cristobal, Panama was of poor quality and/or of the wrong fuel specifications agreed to by the parties.

Trans-Tec in turn notified Bomin of the vessel grounding and TKK’s claim; in response, Bomin advised Trans-Tec that the claim was over the 14-day time bar pursuant to a provision in Bomin’s General Conditions of Sale and Delivery contract.

Bomin’s defense (submitted on 12 October), among other statements, is as follows:

  • BOMIN avers that it had no direct contractual relationship with TKK relative to the sale of marine fuel on the occasion in question
  • BOMIN states that the BOMIN General Conditions are paramount to and supersede any other terms and conditions of sale and delivery alleged by TRANS-TEC or others at interest to govern, in whole or in part, the terms and conditions of sale and delivery of marine fuel between BOMIN and TRANS-TEC on the occasion in question.
  • BOMIN states that it owed no tort duty and breached no tort duty to TKK.
  • BOMIN states that on or about June 7, 2018, it sold and delivered marine fuel of the type and quality requested by TRANS-TEC and was “on-spec.”
  • BOMIN states that any quality complaint by TRANS-TEC has been waived and is time-barred pursuant to the BOMIN General Conditions, Sections 8.1-8.3.

Related: TKK Singapore vessel grounded due to alleged ‘improper marine fuel’

Photo credit: Marine Nationale
Published: 18 October, 2018

 

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