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BUNKER INDEX :: Price Index, News and Directory Information for the Marine Fuel Industry
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Bomin dismisses court action against ship over alleged non-payment of bunkers

14 Sep 2017 06:10 GMT

Supplier voluntarily dismisses action three days after filing initial complaint with US court.



Singapore-based Bomin Bunker Oil Pte Ltd. has voluntarily dismissed its court action in the United States against the bulk carrier M/V Kmarin Singapore for the alleged non-payment of bunker fuel.

According to court documents seen by Bunker Index, Bomin claimed in a complaint filed on September 8, 2017, that on May 28, 2016, it provided 440.987 metric tonnes of IFO 380 (RMG 380) fuel, valued by the plaintiff at $100,545.04, to the Panama-flagged vessel at the port of Singapore.

Bomin explains in its court filing to the US District Court for the District of Maryland that the vessel's chief engineer signed the Bunker Delivery Note (BDN) acknowledging receipt of the bunkers and without further remarks or protest. Additionally, the BDN is said to not have contained a 'no lien' clause or other disclaimer of responsibility.

The invoice was subsequently issued to "the Master and/or Owner and/or Charterer and/or Operator and or Manager of MV Kmarin Singapore" on May 31, 2016, but payment was not received, Bomin alleges in its complaint over 15 months after the aforementioned date.

Terms of sale

On the issue of responsibility for payment, Bomin's General Conditions of Sale, which incorporate United States maritime law, state that "Products and Services delivered under a Contract shall be made not only on the account of [the] Buyer but also on the account of the receiving Vessel. The Buyer warrants that the Vessel's owner has given the Buyer express authority to purchase the Products."

The supplier's terms of sale also state, in reference to maritime lien, that: "The Buyer further warrants that the Seller has the right to assert and enforce a lien in accordance with Clause 18.1 herein against the receiving Vessel or any sister or associated Vessel for the amount of the Products and Services provided. The Buyer expressly warrants that he has the authority of the Vessel's owner to pledge the Vessel's credit as aforesaid. The Vessel is ultimately responsible for the debt incurred through the Contract."

Action requested and later dismissed

The bunker supplier requests to the court in its complaint dated September 8 that a warrant of arrest is issued against the vessel; that all people claiming any interest in the vessel may be cited to appear in court; that the vessel, its engines, tackle and apparel, may be seized and sold to cover the claim, interest costs and lawyer fees; and that the plaintiff may become purchaser at any sale of the vessel by bidding the amount of its claim.

According to vessel-tracking data, the 2015-built, 63,083-deadweight-tonne (dwt) Kmarin Singapore arrived at the US port of Baltimore, Maryland, from Mundra, India, on September 10 - two days after the initial complaint was filed.

The action was subsequently dismissed by Bomin the following day - on September 11.

"Pursuant to Fed. R. Civ. P. 41, Plaintiff Bomin Bunker Oil Pte Ltd. hereby dismisses this action. No responsive pleadings have been filed," the notice of dismissal states.

Presiding over the case was senior judge J. Frederick Motz. Acting on behalf of Bomin during legal proceedings was US firm Simms Showers LLP.




Related Links:

Bomin launches new brand identity and website
Bomin announces closure of Hong Kong office
Paul Bradshaw appointed MD of Bomin Singapore
Genoil and Bomin sign MoU to develop 2020-compliant fuels
Bomin expands ARA physical supply operation
Bomin Bunker Oil Pte. Ltd.
Singapore
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