S.M.A. Award No 1404

Essovoy ’69 - Part cargo on parcel tanker - Jet fuel found contaminated - Claim against vessel - Risk of shipment by non-dedicated tanker - Exercise of due diligence - Method of testing

A charter-party for 17,000 tons jet fuel as part cargo was arranged from Milford Haven to Philadelphia on a parcel tanker. Vessel’s previous cargoes were vegetable oils and grain. Crew cleaned the tanks while in drydock at previous port of discharge and completed during two day ballast as well as upon arrival at load port. The tanks were inspected and passed by charterer’s inspectors. Sample lots of cargo were put in all 28 tanks, sampled and tested at loading before the cargo was allowed to be loaded. Six tanks were found to be contaminated, off loaded, and replaced with fresh product, which was found to be according to specification after further samples were tested. Loading was completed and upon arrival at Philadelphia, charterers sampled and tested all tanks before discharging. 18 out of 28 tanks were not found to comply with specifications after being submitted to water separation index modified (WSIM) test. Charterers accepted 10 tanks and ordered product in other 18 to be downgraded and imported as lower value product. Claim against owner for difference in value and other import costs.