This is a legacy page. Please click here to view the latest version.
Fri 25 May 2018, 09:54 GMT

World Fuel Services files email document in case against MV Triton


Email says sales are on credit of the vessel; buyer is presumed to have authority to bind vessel with a maritime lien.


Image credit: Pixabay
World Fuel Services (WFS) has filed a new document with a court in Oregon, US, as part of its ongoing case against the bulk carrier MV Triton for the alleged non-payment of bunker fuel for a delivery performed in Singapore on March 20, 2017, by the now-defunct supplier Universal Energy Pte. Ltd., with WFS acting as subcontractor, or back-to-back trader.

The document, seen by Bunker Index, is an email between senior WFS employee Jack Varela and the operations department of charterer Windrose SPS Shipping and Trading SA (specifically to the attention of Nathalie Nghia) in which the seller, WFS, confirms the order placed by the buyer "MV Triton and her owners/operators and Windrose SPS Shipping and Trading SA" for the delivery of 750 metric tonnes of 380 centistoke (cSt) fuel to the MV Triton at the price of $290 per tonne. The payment terms are 30 days from the data of delivery.

The email, dated March 15, 2017, goes on to specify that "All sales are on the credit of the vessel. Buyer is presumed to have authority to bind the vessel with a maritime lien. Disclaimer stamps placed by the vessel on the bunker receipt will have no effect and do not waive the Seller's lien. This confirmation is governed by and incorporates by reference the Seller's general terms and conditions for marine fuel products and related services, including the law and jurisdiction clause therein, in effect as of the date that this confirmation issued."

The email document - Exhibit A in the case - was submitted on May 22 to the US court by plaintiff WFS to support its claim that it entered into a contract with the charterer of the Triton - Swiss firm Windrose - to supply the vessel with the aforementioned quantity of fuel at the agreed price; that the sale was on the credit of the bulk carrier Triton; and that the buyer had authority to bind the vessel with a maritime lien.

Amount claimed

As previously reported, WFS initially sent an invoice to Windrose on March 27, 2017, for $216,358.27, with the amount to be paid within 30 days of the date of delivery, by April 19, 2017.

On or around April 11, 2018, WFS says it sent notice of the outstanding balance due to three parties: Husky Trading, understood to be the registered owner; Diana Shipping Inc, said to be the beneficial owner of the ship; and Diana Shipping Services S.A., the commercial operator of the vessel.

In its legal claim, WFS has demanded $279,679.12 as of April 18, which is the total outstanding balance for the fuel, including interest and administrative fees, with interest continuing to accrue at the rate of 2 percent per month until the amount owing is paid in full.

Legal representatives of Husky Trading S.A. and Travelers Casualty and Surety Company of America were subsequently ordered to pay a $350,000 bond in lieu of arrest.

Claim disputed

Last week, on May 15, defendant MV Triton countered that the plaintiff's alleged damages "were caused in whole or in part by the actions or omissions of third parties over whom Defendant M/V Triton had no control or right of control".

The defendant also argued that it is not responsible for any of Windrose's contractual obligations, and that the plaintiff's damages are not recoverable in an in rem action arising from a maritime lien for the supply of necessaries to a vessel.

The case continues.


CPN as China's No. 1 marine biofuel supplier in 2025 graphic. Chimbusco Pan Nation delivers 170,000 tonnes of marine biofuel in China in 2025  

Supplier says volumes quadrupled year on year, with a 6,300-tonne B24 operation completed during the period.

V.Group and Njord logo side by side. V.Group acquires Njord to expand decarbonisation services for shipowners  

Maritime services provider buys Maersk Tankers-founded green technology business to offer integrated fuel-efficiency solutions.

Container vessel manoeuvring in port. Has Zhoushan just become the world's third-largest bunker port?  

With 2025 sales of 8.03m tonnes for the Chinese port, Q4 data for Antwerp-Bruges will decide which location takes third place.

Monjasa Oil & Shipping Trainee (MOST) trainees. Monjasa opens applications for global trainee programme  

Marine fuel supplier seeks candidates for MOST scheme spanning offices from Singapore to New York.

Singapore's first fully electric harbour tug. Singapore's first fully electric tug completes commissioning ahead of April deployment  

PaxOcean and ABB’s 50-tonne bollard-pull vessel represents an early step in harbour craft electrification.

Fuel for thought: Hydrogen report cover. Lloyd's Register report examines hydrogen's potential and challenges for decarbonisation  

Classification society highlights fuel's promise alongside safety, infrastructure, and cost barriers limiting maritime adoption.

Bureau Veritas and Straits Bio-LNG sign MoU. BV Malaysia partners with Straits Bio-LNG on sustainable biomethane certification  

MoU aims to establish ISCC EU-certified biomethane production and liquefaction facility in strategic alliance.

Molgas Energy logo. Molgas becomes non-clearing member at European Energy Exchange  

Spanish energy company joins EEX as it expands European operations and strengthens shipper role.

Yiannis Diamandopoulos, Elinoil. Diamandopoulos appointed CEO of Elinoil as Aligizakis becomes chairman  

Greek marine lube supplier announces leadership changes following board meeting on 5 January.

Sustainable Marine Fuel Services webinar hosted by BV graphic. Bureau Veritas to host webinar on sustainable marine fuel transition challenges  

Classification society to address regulatory compliance, market trends, and investment strategies in February online event.


↑  Back to Top