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It is expressly agreed that Charterers have the right to deduct from hire any damages/losses suffered by Charterers and/or Shippers for the reason of the Owners/vessel not complying with warranties given in this Charter Party or the vessel not fully meeting the description under this Charter Party. The deductions shall be made in accordance with Charterers estimate and shall be adjusted within reasonable time from Charterers supplying evidence. The Charterers have to supply the Owners with supporting documents and evidence for every case mentioned above and to make such deductions only after official confirmation of the Owners.
From: Mark Benett [mailto:M.Benett@ReeseMarine.com]
Sent: Friday, August 19, 2011 12:16 PM
To: chartering@trans.com.tr
Cc: gulcin@trans.com.tr
Subject: m.v."Gloria " time-charter account PS
Dear Sirs,
We refer to our previous message in this matter which we have attached for your guidance.
Please note that as the vessel has meanwhile been delivered our clients have been submitted their final hire statement showing a balance in their favor of USD. 4.249,66.
In addition to this, our clients are herewith submitting a claim for breach of the charterparty terms as
outlined below.
During the passage to Djibouti, the vessel experienced severe delays and proceeded in directions which were not in line with the time-charterers’ instructions.
Based on a normal course of events the vessel would have arrived in Djibouti between 2nd and 3rd July 2011.
In fact, the vessel arrived in Djibouti on the 12th of July 2011.
Our clients have asked you to provide evidence of the alleged bad weather conditions but none has been supplied so far. In accordance with clause 15 of the charterparty we herewith call on owners to provide us with the relevant pages from the deck and engine log books covering the period from 26th June 2011 till 12th July 2011.
In view of the evidence at hand, we have to conclude that the delay is the sole result of the bad condition of the vessel as well as improper voyage planning and failure to proceed with utmost dispatch in compliance with time-charterers instructions. The communications problems with the master, the crane failures during the charter as well as the vessel’s strange courses and stoppages en route to Djibouti and last but not least recent arrest by the Port State Control in Constantza clearly illustrate the poor condition of the vessel.
We conclude that this amounts to a breach of the charterparty clauses 2 (failure to provide a seaworthy vessel on delivery), 8 (performance of voyages), 15 (sailing orders and logs) and 26 (navigation).
In accordance with clause 17 our clients claim off-hire as well as damages resulting from the delay for a period of 10 days as per the following calculation:
Delay / costs of bunkers
10 days delay at USD. 3.800,-- per day = USD. 38.000,--
IFO: 4,5 tons per day x 10 days = 45 tons MGO:
0,45 tons per day x 10 days = 4,5 tons
ifo 45 tons x USD. 694,-- p/mt = USD. 31.230,--
mgo 4.5 tons x USD. 1.044,-- = USD. 4.698,--
Please find attached the invoice confirming the above prices.
Damages as a result of the 10 days delay
As a result of the delays, the time-charterers incurred following additional costs for the security guards:
USD. 1.250,-- per armed guard and USD. 1.000,-- per unarmed guard per person per day for a period of 10 days delay makes:
USD 1.250,-- x 2 x 7 = USD. 25,000 USD.1,000,-- x 1 x 10 = USD. 10,000
Please find attached the invoice confirming the above prices.
Total amount of the damages:
Delays / off-hire: USD. 38.000,--
IFO overconsumed: USD. 31.230,--
MGO overconsumed: USD. 4.698,--
Guards costs: USD. 35.000,--
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Grand total claim: USD. 108.928,--
The deficiencies found during the Port State Control Inspection in Djibouti demonstrate that on board of the “Gloria” the ISM procedures were not complied with which makes it very likely that the vessel was unseaworthy at the commencement of the time-charter. We have also noted that the gyro-compass was out of order which we consider may be the root cause of the failure to keep a normal course on the passage to Djibouti. You will also appreciate that in addition to the charterparty clauses as mentioned above, the deficiencies as found during the Port State Control inspection in Constantza are compelling evidence that the owners did not comply with their obligations under clause 6 which stipulates that the owners are to maintain the vessel in a thoroughly efficient state in hull and machinery and equipment during the charter period.
On behalf of our clients, we herewith have to hold owners liable for the losses suffered by them as stipulated above and we look forward to receiving owner’s confirmation on the settlement of their claim failing which our clients reserve all their rights under in respect of all disputes under the charterparty.
Best regards,
Mark Benett
Senior Claims Handler ReeseMarine Insurance
Tel: +31 10 2546 035 Fax: +31 10 2546 312
Email: M.Benett@ReeseMarine.com
Web: www.ReeseMarine.com
From: Gulcin Yalcin/Trans Maritime <gulcin@trans.com.tr>
To:’Mark Benett’
Copy:ops@newmar.com
Re: m.v. “Gloria” time-charter account PS
dd. Wed 9/14/2011 10:35 AM
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