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Contaminated bunkers: Valero files third-party claim against Trafigura

24 Apr 2019

Texas-based Valero Marketing and Supply Company on Tuesday (16 April), in connection to a current alleged contaminated marine fuel case with the National Shipping Company of Saudi Arabia (NSCSA, also known as Bhari), filed a third-party complaint against Trafigura Trading LLC.

Bhari started a lawsuit against Valero on 25 March over alleged contaminated marine fuel delivered to M/V Bahri Yanbu and was seeking recovery of approximately $1.1 million for all damages caused.

“Valero was without fault in causing and/or contributing to the damages asserted in NSCSA’s Original Complaint,” it claimed in a court document obtained by Manifold Times.

“The contamination of the Valero Bunker Fuel was legally caused solely by the acts, omissions, or other conduct of Trafigura, or by its breaches of the applicable contracts with Valero and/or negligent acts or failures to act.

“The source of all damages, costs, and expenses incurred by NSCSA is Trafigura’s provision of unsuitable, substandard, defective, contaminated, unfit, nonconforming, and/or off-specification product, i.e., the Trafigura Fuel Oil.”

According to Valero, it loaded five Trafigura fuel oil cargoes totalling 117,726 barrels (20,483 barrels on 23 February; 38,536 barrels on 2 March; 1,505 barrels on 3 March; 54,883 barrels on 4 March; and 2,319 barrels on 9 March) into Valero receiving tanks located at the BOSTCO facility in 2018.

A portion of the ctotal argoes provided by Trafigura subsequently made their way to Buffalo Barge 302 for delivery as bunkers to M/V Bahri Yanbu.

“Valero invokes the provisions of Fed. R. Civ. P. 14(c) and tenders Trafigura as a direct defendant to Plaintiff NSCSA because Trafigura is wholly liable to NSCSA for remedy over, contribution or otherwise on account of the same transaction and occurrence or series of transactions and occurrences in this matter,” it said.

“Valero accordingly demands judgment in Plaintiff NSCSA’s favor against Trafigura.”

Related: Contaminated bunkers: NSCSA in $1.1 million claim against Valero

Photo credit: MarineTraffic / Gaspar Luis Prieto Garcia
Published: 24 April, 2019


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