International bunkering firm World Fuel Services (WFS) on 19 March started its defence over a claim of alleged contaminated bunkers from Shipping firm Chembulk Ocean Transport LLC (Chembulk) at a U.S. Court.
The M/T Chem Ranger received fuel from Valero Marketing & Supply Company on 27 March 2018 and its main engine ceased functioning on 19 April 2018 after using the alleged contaminated fuel.
According to defence documents obtained by Manifold Times, WFS said Chembulk did not have enough facts to make a claim.
“Here, the Plaintiffs have alleged merely formulaic labels, conclusions, and elements without any meaningful facts to allege the provision of bunkers caused any engine failure beyond the convenience of time and sequence of the provision,” it stated.
WFS added there were several reasons for a vessel engine to stop functioning; these include maintenance, upkeep, part failure, crew negligence and more.
Further, it claimed Chembulk initiated the lawsuit against WFS without completing analysis and inspection of the bunker samples.
“If the Court were to not even look at the Exhibits, this admission by the Plaintiff reinforces the fact that the Plaintiff remains (at best) in the ‘conceivable’ zone and has no evidence to support and allege facts to move it into the “plausible” zone as required at this stage.”
Among defences was also suggestion of a time bar.
“The Court should note the contract for the supply was entered into more than a year ago,” it said.
Photo credit: MarineTraffic / Jack Ronalds
Published: 5 April, 2019
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