Energía eléctrica

Generally, bunkers will be purchased either by the operations department ashore or the time charterers. However, it is sensible for the master and chief engineer to be aware of what is being contracted, what quality (if any) has been specified, and the general contractual terms of delivery. A good starting point is for the chief engineer and the master to have, and use, the optimum bunker specification for their vessel and the tolerance limits over which alarm bells should start to ring.

Many owners and charterers will have a worldwide bunkering strategy which may depend upon discounts based on volumes lifted. They may also have quite complex hedges or swops or other financial instruments in place to even the variations in oil price, especially at times of high

volatility, or international uncertainty. Despite this, the single most effective method of maximising dollars per knot is to organise a bunker strategy which enables the vessel to stem bunkers only, so far as possible, at ports where both the price and the specification is right. This requires a

knowledge, or a guesstimate, of the vessel's future trading pattern and careful planning if freight paying cargo is not to be shut out by ostensibly cheaper bunkers.

It is important that the chartering brokers include a good bunker specification in the time charterparty and that the chief engineer is aware of what has been specified. In the NYPE 93 (see chapter 6) clause 9 (b) sets out the requirements and gives the owners a degree of protection against the delivery by time charterers of unsuitable bunkers. The Bimco clause on bunker quality control takes this a stage further:

The full test of the clause is:

1. The charterers shall supply bunkers of a quality suitable for burning in the vessel's engines and auxiliaries and which conform to the specification(s) mutually agreed under this charter 2. At the same time of delivery of the vessel the owners shall place at the disposal of the charterers, the bunker delivery note(s) and any samples relating to the fuels existing on board. 3. During the currency of the charter the charterers shall ensure that bunker delivery notes are presented to the vessel on the delivery of fuel(s) and that during bunkering, representative

samples of the fuel supplied shall be taken at the vessel's bunkering manifold and sealed in the presence of competent representatives of the charterers and the vessel.

4. The fuel samples be retained by the vessel for 90 days after the date of delivery or for what ever period is necessary, in the case of a prior dispute, and any dispute as to whether the bunker fuels conform to the agreed specification (s) shall be settled 'by analysis of the sample(s) by ( . ) or by another mutually agreed fuels analyst whose findings shall be conclusive evidence as to conformity or otherwise with the bunker fuels specification(s).

5. The owners reserve their -right to make a claim against the charterers for any damage to the main engines or the auxiliaries caused by the use of unsuitable fuels or fuels not complying with the agreed specification (s). Additionally, if bunker fuels supplied do not conform with the

mutually agreed specification (s) or otherwise prove unsuitable for burning in the ship's engines or auxiliaries, the owners shall not be held responsible for any reduction in the vessel's speed performance and/or increased bunker consumption nor for any time lost and any other

consequences.

Nevertheless, it has proved difficult for owners to succeed in cases against either bunker suppliers or time charterers for damage caused by off specification bunkers, especially since the additional wear and tear to the main engine may not become apparent for some months. In all cases it is essential to ensure that the chief engineer puts in hand plans to:

- Load the fuel into separate empty tanks and to keep the fuel segregated so far as possible until its quality and compatibility are checked;

- Take proper samples; and

- Effectively check the quantity of bunkers actually delivered.

These points are considered in more detail in the next section. Although BIMCO has produced a standard marine fuels purchasing contract, Fuelcon 1995, the strength of the bunker suppliers, many of whom are major oil companies, means that they are frequently in a position to impose their own contracts. The main points to be considered on board are summarised below. A point to remember is that the contracting parties (buyer and seller) may be many miles (and time zones) away from the physical delivery which in many cases is undertaken by a sub-contractor to the main supplier.

Nominations: Probably ten days to contract a stem; the master should give two clear working days to the delivering company (Shell contract). 'The giving of notice to the delivering company under this subclause, and its acceptance, shall constitute a bunkering commitment' and 'If the vessel shall not have arrived at the delivery port within 14 days after the expected date of

arrival . . If the buyer (the vessel) has already given notice ... then the buyer shall be liable ... for any expenses that the delivery company has incurred. . .'

The Elf contract states: 'Upon arrival in port, the master or chief engineer (who should be acquainted with the terms of the contract relating to delivery acceptance and quality

verification)*, should check with the local agents that all preparations for bunkers have been made'. This raises the important point that agents should be kept fully aware of the bunkering arrangements and the vessel should do this even if the owners/ charterers do not.

-Owners please note, this is a contractual term.

Risk and property: In general, this shall pass to the buyer when the fuel passes the flange connecting the supplier's hose to the vessel. Fuelcon 95 splits the passing of risk and title, giving the supplier a maritime lien until the invoice is settled.

Quality: Not surprisingly, suppliers' contracts offer little more than they need to and, in the case of oil majors, may well just refer to their standard grades. Frequently wording such as 'commercial grades offered generally by seller' may be used and even '... nor does the seller warrant either expressly or by application, that the marine fuel will be suitable for any particular purpose . . .' Certainly, and reasonably, if the owner wants to ensure that the proper specification is delivered, he must ensure that a proper specification is given to the supplier.

Quantity: If possible, the supplier will specify that their 'weights and measurements will be accepted as conclusive evidence of the quantities delivered . . .' Typically, 'the amount of fuels delivered shall be determined by measurements of shore tanks, lighters, or by meters, at seller's option, and buyer will be charged on the basis of these measurements. Buyer has the right to have its representative present during measurement. . .'

It is important, therefore, that the chief engineer or his representative gets ashore or down on to the bunker barge at an early stage of the operation. It may well be advisable to appoint a surveyor

to monitor the bunkering process, and whoever is checking quantities must be aware of the tricks of the trade such as shortened sounding rods or 'adjusted' sounding pipes. If a shore gauge is being used it may be wise to request to sight its test certificate.

Claims: Short delivery claims should be dealt with at the time and if possible noted on the

delivery receipt. If this is not possible, it may be necessary to note protest. Quality claims are more difficult and there are three basic situations in which they may arise.

- Upon or shortly after delivery the 'unsuitable' fuel is monitored or analysed. If so that fuel should, if possible, be discharged and exchanged without causing serious problems but loss of time may arise.

- Well after bunkering the 'unsuitable' fuel is detected at sea without the possibility of avoiding burning that fuel. Loss of speed and machinery troubles may be encountered. An answer to the remaining quantities of 'unsuitable' fuel has to be found.

- During engine repairs, machinery defects may be found which appear attributable to unsuitable fuels encountered during several voyages. Under these circumstances, it is probably advisable to use the engine manufacturer's technical staff to analyse the problem.

In all cases the master has an obligation to take steps so far as possible to mitigate the potential damage. This includes taking steps to prevent comingling until it is known that the previous and newly bunkered fuel is compatible. Not only must the chief engineer be aware of this,- but so must the junior engineer officer who decides to top up the settling tanks in the small hours of the night.

Mixing fuels from different-bunkering sources together in storage, settling or day tanks may give rise to reactions due to incompatibility. This can cause difficulties with transfer, high sludge

deposits in tanks, inadequate purifying, high loading on pressure systems and a number of other ills. Incompatibility or instability (fuel disintegrating and decomposing) may also result from poor blending methods prior to bunkering intermediate fuels. Residual oils from cracking processes are frequently inherently liable to incompatibility. Despite sometimes being recommended, addition of MDO and mixing procedures by pumping as often increases the problem rather than curing it.

Time bar: Shell's contract stipulates that in the event of a complaint, this must be made '. . . as soon as possible and in any event within three months of the date of delivery'. Some companies endeavour to reduce this to as little as 30 days.