moot scenario released december 2019 (v1)...imlam 2020 v1 12.19 6 owners guarantee that the vessel...

INTERNATIONAL MARITIME LAW ARBITRATION MOOT

2020

IMLAM Moot organised by School of Law, Murdoch University, Australia 2020 Host - School of Law, Singapore Management University, Singapore

MOOT SCENARIO RELEASED DECEMBER 2019

(v1)

Registration forms, the schedule of important dates and other information for competitors can be found at the website: http://www.murdoch.edu.au/School-of-Law/International-Maritime-Law-

Arbitration-Moot/

Teams must register and be accepted to secure a place in the 2020 competition.

Please follow us on twitter to ensure you are kept informed of breaking news. @IMLAMMurdoch

Teams are reminded of the following rules:

Rule 2.5: …Teams are not to introduce additional facts or evidence into the moot unless they are a logical and necessary extension of the given facts.

Rule 4.4 The [memoranda marking] panel will take an unfavourable view of arguments which are based on facts not found in the problem or the clarifications and which are not logical or necessary extensions of the given facts.

Page numbering may alter in later versions

http://www.murdoch.edu.au/School-of-Law/International-Maritime-Law-Arbitration-Moot/

http://www.murdoch.edu.au/School-of-Law/International-Maritime-Law-Arbitration-Moot/

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Matthias Klausenberg

From: Ralph Conceicao <[email protected]> To: Matthias Klausenberg <[email protected]> Date: 1 June 2018, 8:45 PM Subject: RE: MT PATTON

TO : MONTGOMERY SHIPPING CO LTD ATTN : MATTHIAS KLAUSENBERG

GOOD DAY,

WITH AUTHORITY, WE ARE PLEASED TO RECAP CLEAN FIXTURE WITH THE BELOW TERMS AND CONDITIONS FOR YOUR GOOD SHIP:-

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ +++++ S T R I C T L Y P R I V A T E A N D C O N F I D E N T I A L +++++ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

CP DATE : 1ST JUNE 2018 CHARTERER : GREATER EARTH FUELS INTERNATIONAL LIMITED OWNER : MONTGOMERY SHIPPING CO LTD

FREIGHT PAYABLE TO: ACCOUNT NAME : MONTGOMERY SHIPPING CO LTD ACCOUNT NUMBER : 977-977-988 (USD) BENEFICIARY BANK : NATIONAL ATHERIUM BANK BANK ADDRESS : 75 MOSSACK STREET

ATHERIUM CITY 2160, ATHERIUM BANK CODE : 10 SWIFT CODE : NABATCM

VESSEL : MT PATTON (Q88 ATTACHED)

ITINERARY : 26-28/JUN DIANTHUS 11-12/JUL FREESIA OR ALBIZIA, CHOPT

LAST 3 CARGO : 1ST: ACETONE/CYCLOHEXANE/METHYL METHACRYLATE/HEXANE/TOLUENE

2ND: PHENOL/BENZENE/STYRENE MONOMER/BUTYL ACRYLATE 3RD: BENZENE/FAME

FOR:- - CARGO : 5,150MT MBGF500, 5% MOLCO

- LAY/CAN : 28 JUNE 2018 (DIANTHUS) - LOAD : 1SP/1SB DIANTHUS, GAZANIA (NO NIGHT SAILING) - DISCHARGE : 1SP/1SB FREESIA, ALYSSUM OR 1SP/SB ACACIA, GOLDLAND

- FREIGHT : LUMPSUM USD235,000.00 - PAYMENT : FREIGHT SHALL BE PRE-PAID AND PAYABLE WITHIN FIVE (5) BANKING DAYS AFTER RECEIVED FREIGHT INVOICE: HALF FREIGHT TO BE INVOICED ON ARRIVAL LOAD PORT AND ISSUE NOR AND HALF FREIGHT WITHIN 5 DAYS OF SIGNING AND SURRENDER OF ORIGINAL BILL(S) OF LADING – FULL FREIGHT TO BE DEEMED TO BE EARNED ON SIGNING BILL(S) OF LADING, DISCOUNTLESS, NON-RETURNABLE, WHETHER VESSEL AND/OR CARGO LOST OR NOT LOST - LAYTIME : LOAD PORT DIANTHUS 28HRS FAP SHINC; DISPORT FREESIA 34HRS FAP SHINC; DISPORT ALBIZIA 32.5HRS FAP SHINC - DEMURRAGE : USD8,500 PDPR, PAYABLE WITHIN FIVE (5) BANKING DAYS AFTER OWNERS INVOICE, TO BE ISSUED AFTER DEPARTURE EACH PORT

OTHER TERMS & CONDITIONS ------------------------

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- FULL CLEANING CLAUSE - OWNERS OPTION COMPLETION/ ROTATION/ SEGREGATION - ASBATANKVOY C/P TO APPLY WUOPC ORIGINAL BS/L TO BE ISSUED AT DIANTHUS BY OWNERS/AGENTS AND RELEASED TO CHARTERERS OR CHARTERERS REPRESENTATIVES WITHOUT ANY ADDITIONAL COST TO CHARTERERS. - ASBATANKVOY WITH GE SHIPPING RIDERS (AS ATTACHED) WITH FOLLOWING AGREED AMENDMENTS TO APPLY CLAUSE 7 : LINE 4 AFTER INSPECTOR’S SATISFACTION ADD “BASED ON INDUSTRIAL STANDARD,” CLAUSE 9 : LINE 4 PLEASE ADVS THE PIC DETAILS AFTER FULL 24-HOUR CONTACT DETAILS : PIC : MR CARLES LEAHY EMAIL : [email protected] MOBILE: + CLAUSE 19 : ADDITIONAL CLAUSE - CLEAN ON BOARD: CHARTERER HAS THE OPTION TO STAMP ‘CLEAN ON BOARD’ ON BILLS OF LADING FOR CONFIRMATION TO LETTER OF CREDIT REQUIREMENTS, PROVIDED THERE ARE NO DOUBT ON CARGO QUANTITY AND/ OR QUALITY AT LOADING PORT BY MASTER. HOWEVER, ‘CLEAN ON BOARD’ IN THIS CONTEXT DOES NOT REFER TO THE QUALITY AND THE QUANTITY OF THE CARGO AND SAME TO BE ONLY FOR CONFIRMATION TO LETTER OF CREDIT REQUIREMENTS. CHARTERER IS RESPONSIBLE AND INDEMNIFY OWNERS FOR ANY CONSEQUENCES MAY ARISE DUE TO OWNER COMPLYING WITH CHARTERER TO MARK THE B/L WITH ‘CLEAN ON BOARD’. - SWITCHING B/L CLAUSE “IF REQUIRED TO SWITCH BILL OF LADING , OWNER TO RELEASE THE 2ND SET ORIGINAL B/LS TO CHARTERER UPON CHARTERER PRESENTATION OF 1ST SET ALL ORIGINAL B/L (1ST, 2ND AND 3RD) AND OWNER TO SEND A SIGNED FAX COPY 2ND SET B/LS FOR THE PURPOSE OF CUSTOM CLEARANCE . CHARTERER TO PROVIDE LOI AS PER OWNER WORDING FOR SWITCHING THE B/L. SWITCH B/L CAN ONLY BE DONE BEFORE THE CGO IS DISCH AT PORT. CLAUSE 25 : INSERT “NOT APPLICABLE FOR THIS SHIPMENT” AT THE END OF THE CLAUSE

CLAUSE 26 : REPLACE WITH: “PARTIES AGREE ANY DISPUTES ARISING UNDER OR IN CONNECTION WITH CHARTER PARTY SHALL BE REFERRED TO ARBITRATION IN SINGAPORE. CHTRS SHALL HAVE OPTION OF COMMENCING PROCEEDINGS ON A CLAIM IN CONNECTION WITH THIS CHARTER PARTY IN ANY COURT WITH JURISDICTION.”

CLAUSE 28 : DELETE “TWO DAYS (48 HOURS)” AND REPLACE WITH “ONE DAY (24 HOURS)” - BIMCO ISPS CLS FOR VOYAGE CHARTER PARTY TO APPLY - IN THE ABSENCE OF ORIGINAL BILLS OF LADING, OWNER TO DISCHARGE ENTIRE CARGO AGAINST CHARTERER'S SINGLE LOI AS PER OWNER'S PANDI WORDINGS BUT WITHOUT BANK GUARANTEE. - CP ADMINISTRATION CLAUSE TO APPLY. - OWNER TO GUARANTEE ON BELOW CERTIFICATES TO BE VALID AS PER CHARTER PARTY PERIOD AS PER Q.88 AND VESSEL PARTICULARS REMAIN UNCHANGED PRIOR TO BERTHING AND VESSEL REQUIRES PBI. VESSEL TO HAVE SUFFICIENT MOORING LINES FOR 4 X 2 CONFIGURATION FORE AND AFT. MAXIMUM DISPLACEMENT FOR CB2 IS 13,000T AND MAX ALLOWABLE DRAFT IS 8.1 M. PLEASE TO ENSURE THAT THE VESSEL MUST COMPLY WITH THE ISPS CODE AND VALIDITY OF THE ISSC. REMARKS : 1. THE VESSEL SHALL ENSURE VHF CHANNEL 17 IS WORKABLE, AS FOR ESTABLISHED COMMUNICATION CHANNEL THROUGHOUT SHIP STAY AT BERTH 2. THE VESSEL MUST ARRIVE WITH 2 X 8 INCH ANSI B 16.5 CLASS 300 SHIP PRESENTATION FLANGES TO FIT THE SHORE CAMLOCK MECHANICAL LOADING HOSES COUPLERS. 3. FREE AREA BEHIND FLANGE NECK MINIMUM 300 MM.

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mailto:[email protected]

4. THE VESSEL MUST ARRIVE WITH CRANE IN GOOD WORKING CONDITION/GOODOPERATIONAL AND

SUFFICIENT BOOM LENGTH TO HANDLE SHORE FLEXIBLE HOSE UP TO SHIP SIDE ANDSHIP MANIFOLD.

5. THE VESSEL TO ARRIVE WITH STANDARD GANGWAY (MOT) AND SAFETY NETUNDERNEATH.

6. OWNER’S MUST WARRANT ALL THE CERTIFICATES VALID THROUGHOUT THE CHARTERPARTY PERIOD. - TOTAL 5.0PCT COMMISSION ON ALL FREIGHT/DEADFREIGHT/DEMURRAGE TO STARLIGHT BROKING LLC. ==END RECAP==

TRUST ABOVE IS IN ORDER, OTHERWISE PLEASE ADVISE.

RALPH CONCEICAO

STARLIGHT BROKERS LLC EMAIL : [email protected]; [email protected]

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mailto:[email protected];

GE SHIPPING CHARTERPARTY CLAUSES

Should the terms as provided for hereunder be in conflict with the terms as printed in the Asbatankvoy Charterparty form, the terms hereunder shall prevail.

1. Demurrage Time Bar

Owners agree to submit demurrage claims, if any, within 60 days of final discharge of cargo under this Charterparty. Failure to do so shall render Owners' claim null and void. Demurrage claims should be fully supported by time sheets, notices of readiness and statements of facts, duly countersigned by shippers and receivers or their agents. If countersignatures are not obtainable, Owners are to submit a Letter of Protest to the concerned party.

2. Pumping

Owners warrant that the performing vessel hereunder will maintain a continuous discharge pressure of at least 100 psi at the vessel's rail, provided receiving facilities and shore conditions permit. Failure to perform as herein warranted will excuse the Charterer for accountability for any excess pumping time and/or demurrage attributable to such failure without prejudice to any other rights or remedies which the Charterer may have under this agreement and/or by law.

3. Port Restrictions

Owners warrant that they are fully aware of the draft, length and other operational and dimensional restrictions at the load and discharge ports, including, but not limited to age restrictions, low flash transit cargo restrictions, marine vapour control, closed gauging/sampling and/or nitrogen blanketing and will abide by same. Any delay or other consequences of non-compliance with these port restrictions shall be for Owner's account.

4. Joint Laytime

Even if the vessel is already on demurrage, all time lost awaiting the same berth or time used handling cargoes simultaneously at that berth shall be pro-rated between all Charterers loading and/or discharging there in proportion to the size of the respective Charterer's cargo. All time lost awaiting another berth or loading or discharging other cargoes prior to or after handling Charterers’ cargo, shall not count as used laytime or as time on demurrage.

5. Drug & Alcohol

Owners acknowledge that they have a policy covering their vessels which meets or exceeds the Guidelines for the Control of Drugs and Alcohol on board Ships as published by the Oil Companies International Marine Forum January, 1990.

6. Certification/Eligibility

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Owners guarantee that the vessel complies with all national and international rules and regulations (including, but not limited to the ISM code) applicable to the voyage hereunder and will remain so throughout the duration of this charter. Moreover, the vessel will have on board all the required valid certificates. Any time lost or costs arising to due to Owners’ failure to comply with the provisions hereof shall be for Owners’ account. The Owner further warrants that the vessel is classed by a member of I.A.C.S..

7. Cleaning

The Master is bound to keep the tanks, pipes and pumps of the vessel always clean. Owners undertake to steam, wash down and thoroughly clean the vessel’s tanks, pipes and pumps and to remove any and all sediments or smell to Charterers’ inspector’s satisfaction prior to tendering notice of readiness at the load port.

8. Completion, Rotation & Segregation

The Owners have the right to load completion cargo for outside account, but undertake to keep Charterers’ cargo completely segregated during loading, transit and discharge and to use a separate pipe, pump and line for handling Charterers’ cargo. Rotation of ports shall be in Owners’ option in geographical order en route.

9. Incident Clause

i) During the currency of this charter, if there is a dangerous or potentially dangerous incident at sea or in port (as defined under ii)), same must be reported immediately by the Owners to the Charterers.

Full 24-hour contact details:-

The following details are to be included in such incident report:-

1. Date, time and location 2. Vessel(s) involved 3. Product(s) involved 4. Description of the incident 5. Action taken at the scene of the incident 6. Extent of death, injuries and/or damage

If not all of the above information is immediately available, any incident must still be reported without delay, the remaining information being provided as soon as it becomes available. A written report containing the above information shall be submitted within 24 hours of an incident occurring.

ii) A dangerous incident is defined as an unplanned event with dangerous or potentially dangerous consequences, which occurs en route to the port of loading or during loading,

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transit or discharge of any chemical substances. Such unplanned events include, but are not limited to incidents which cause or may cause:-

- Product spillage - Product contamination - Uncontrolled spillage of tank washings - Uncontrolled release of vapor - Fire - Explosion - Grounding - Collision - Injury or death to ship or shore personnel - Damage to equipment owned either by GE Shipping, its contractors or third parties - Damage to the reputation of GE Shipping

10. Overage Premium

Overage insurance premium, if any, shall be for Owners’ account.

11. Closed Loading Clause

Vessels are to comply with the following closed loading requirements:

Definition:

Closed loading means loading with closed ullage, sounding and sighting ports.

Interpretation:

Two key elements are required by the term 'closed loading':

1. Satisfactory Venting System The gas displaced by the incoming cargo should be vented to shore using vapor return lines when available or to the atmosphere via the vent stacks or through high or constant velocity valves, either of which ensure that gases are taken clear of the cargo tank deck or accommodation area.

2. Satisfactory Cargo Quantity Monitoring System By means of fixed or portable systems which permit the continuous monitoring of incoming cargo quantity within the vessel's cargo tanks without any part of the system allowing gases to escape.

12. Confidentiality

The terms and conditions of this contract shall remain strictly private and confidential and shall not be disclosed to any third party.

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13. Cargo Handling

Insert as applicable.

14. ITOPF

Delete references to Tovalop in Clause L. Part I of the Asbatankvoy Charterparty and insert “ITOPF”.

15. Unavailability of Bills of Lading

If a bill of lading is not available at any discharge port or place to which the vessel may be ordered by Charterers under this charter or if Charterers require the Owners to deliver the cargo to a party and/or at a port or place other than as set out in the bills of lading, the Owners shall nevertheless discharge the cargo carried by the vessel in compliance with Charterers' instructions to a consignee nominated by Charterers (hereinafter called the 'receiver') presenting reasonable identification to the Master, in consideration of the following undertakings by the Charterers:

1. To indemnify Owners (which term shall, for the purpose of the clause, include Owners' servants and agents) and to hold Owners harmless in respect of any liability, loss or damage of whatsoever nature which Owners may sustain by reason of delivering the cargo to the receivers in accordance with Charterters' instructions; 2. to provide Owners, in the event of any proceedings being commenced against the Owners in connection with the delivery of the cargo as aforesaid from time to time on demand with sufficient funds to defend the same; 3. to provide Owners on demand such bail or other security as may be required if, in connection with the delivery of the cargo as aforesaid, the vessel or any other vessel or property belonging to Owners should be arrested or detained or, if the arrest or detention thereof should be threatened, to prevent such arrest or detention, or to secure the release of such vessel or property and to indemnify Owners in respect of any loss, damage or expenses caused by such arrest or detention whether or not the same be justified; and 4. to produce and deliver to the Owners all original bills of lading in respect of the cargo loaded by the vessel as soon as same have arrived and/or come into the possession of Charterers whereupon Charterers' liability hereunder shall cease.

The provisions of the foregoing undertakings shall be governed by English law.

16. Protection and Indemnity Club/Oil Pollution

Owners warrant that the vessel is entered with an International Group P. & I. Club and will remain so throughout the duration of this charter. They further warrant that they have in place and will retain throughout the currency of this contract the standard oil pollution cover available from their P. & I. Club (US$ 500 million) together with an additional cover (US$ 200 million) which is available as at the date of this contract from their P. & I. Club or underwriters offering first class security.

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17. ETA Clause

The Master shall give his eta to Owners’ agents at the load and discharge port 72, 48, 24 and 12 hours before arrival, indicating the hour approximately at which he expects to arrive. He shall also advise the agents as soon as possible of any alterations to this time. Owners’ agents shall immediately pass this information to the loading or discharging terminal and to _____________________________ Owners shall be responsible for any consequences or additional expenses arising from any failure to comply with the foregoing.

18. Night Navigation

If night time navigation is not permitted by port authorities at loading and discharge port, time so lost not to count as used laytime or time on demurrage In the event that the vessel arrives at the load or discharge port(s) during the hours of darkness and nighttime navigation is prohibited by the local authorities, the vessel shall not give n.o.r. prior to daylight hours (deemed 0630-1900 hours).

19. Bills of Lading

If so required, Owners to sign and release Bills of Lading marked “clean on board” and “freight pre-paid”, whereby freight shall be payable as per Charterparty.

20. Conoco Weather Clause

Delays in berthing for loading and discharging and any delays and interruptions after berthing which are due to weather conditions shall count as one half laytime or if the vessel is on demurrage, at one half of the demurrage rate.

21. Dues & Freight Tax

Wharfage, dockage and other dues and charges on the vessel, even when assessed on the quantity of cargo(es) to be loaded or discharged under this Charterparty, shall be paid by the Owners and dues and other charges on the cargo(es) shall be paid by the Charterers. Any freight tax applicable at the ports of loading or discharging shall be for Owners' account.

22. Last Cargoes

The last three cargoes carried in the tanks where Charterers' cargo is to be loaded shall be suitable for the subsequent carriage of Charterers’ cargo.

23. Mandatory Prewash Clause

1) When required by the terms of the Marine Pollution Convention (MARPOL73/78) and anyamendments thereto, the vessel is to perform a mandatory prewash in accordance with the convention and the procedures and arrangements manual of the vessel.

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2) If allowed by Port Authorities/Receiver, the mandatory prewash is to be performed in directcontinuation of the discharge operation, while the vessel is at the Receiver's berth. Charterer/Receiver agrees to receive at the discharge berth, slops resulting from the mandatory prewash (other than slops that may be generated as described in section 6 herein below) from tank washings of the vessel’s tanks which contained Charterer's cargo. All expenses on shore are to be for Charterer's/Receiver's account, except for the expenses of disposal of slop in an amount in excess of that stated in the "Guideline on the Provision of Adequate Reception Facilities in Ports Section 2.5 and 2.6 Part II - Residues and Mixtures containing Noxious Liquids Substances" as amended.

3) All expenses of the vessel, including the time taken for prewash and discharge of slops, areto be for Owner's account, provided such discharge is not unreasonably restricted by the Charterer.

4) However, all expenses and time taken to shift to another berth at Charterer's/Receiver'srequest, as well as any time lost, other than the time for performing the mandatory prewash and discharging slops resulting from same, if necessary, are to be for Charterer's/Receiver's account.

5) Notwithstanding any other terms stated above, Owner agrees to keep slops on board thevessel whenever possible and to subsequently dispose such slops in accordance with the requirements for Marine Pollution Convention.

6) If a prewash becomes mandatory due to malfunctioning of the equipment, structural failureand/or maloperation of Master and Crew etc., or if the heating instructions given by the charterer have not been adhered to, all consequential costs and time so lost is to be for Owner's account.

7) All other terms and conditions of the Charterparty governing the voyage remain unaltered.

24. ITF

The Owners warrant that the vessel fully complies with all ITF requirements and that the vessel has a valid ITF certificate on board.

25. Shifting

The Charterer shall have the option of loading or discharging at more than one berth. In such instances shifting time shall count as used laytime or if the vessel is on demurrage, as time on demurrage, but shifting expenses shall be borne by the Owners.

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26. Law & Jurisdiction

This Charterparty shall be governed by English law and the High Court in London shall have exclusive jurisdiction over any dispute which may arise out of this Charterparty. General average and arbitration shall be settled in London and the York/Antwerp rules 1994 shall apply.

27. Notice of Readiness

Insert “upon connection of hoses” after “….. after receipt of such notice, or” in line five of Clause 6. Part II of the Asbatankvoy Charterparty and delete “upon the Vessel’s arrival in berth ….. alongside a wharf)”. Charterers shall be allowed the benefit of 6 hours notice at the load and discharge ports, even if the vessel is already on demurrage. Notice of readiness shall not be tendered prior to the commencement of the laydays, save with the prior written consent of the Charterers.

28. Late Arrival

In the event that the Owner's vessel will miss or has missed the laycan, and the laycan has been extended by the Charterer to retain the vessel, laytime shall then commence from the earlier of: (a) when the vessel berths or (b) two days (48 hours) after tendering n.o.r..

29. Administration Clause

The agreed terms and conditions of this Charter shall be recorded and evidenced by the production of a fixture recap sent to both Charterers and Owners within 24 hours of fixture being concluded. This recap shall state the name and date of the Standard Pre-printed Charter Party Form on which the charter is based, along with all amendments, additions, deletions to such Charter Party Form. No formal written and signed Charter Party will be produced unless specifically requested by Charterers or Owners.

30. Foot Sample

Any product placed on the vessel for cleanliness testing, cleaning or foot samples shall not be deemed part of the cargo if found to be off specifications. The Charterer has the option to order the vessel to pump such product back to shore or any other designated tanks. The Owner is responsible for any damage caused to such product on board the vessel (subject to the rights and defences under the Hague-Visby Rules). The vessel shall not be deemed ready to load under this Charter until such time all cleaning tests are passed and Charterer and/or its inspector is in all respects satisfied that the requirements of this Clause are fulfilled.

31. Exceptions

A. Without prejudice to exceptions made elsewhere in this contract, and except to mature obligations for the payment of monies due from one party to another under the terms of this contract, neither party shall be liable for damages or otherwise to the extent that its ability to fulfil any provisions of this Contract is delayed, hindered or prevented by, without limitation:

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Act of God; force majeure; fire: explosion; storm; flood; war (declared or undeclared), rebellion, revolution, invasion, hostilities and/or martial law; riot; strike; labour disputes; perils of the sea or accidents in navigation; compliance with any applicable law, regulation or order imposed by any government; or when such delay or failure is due to any cause whatsoever beyond control of, or not preventable by reasonable diligence on the part of, such party.

B. The party whose performance has been interrupted by any event of force majeure or exception, as defined in this contract, shall give the other party prompt notice thereof and shall use every reasonable means to resume full performance of this contract as promptly as possible, except that this obligation shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing party when such course in not advisable at the discretion of the party having difficulty.

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INTERTANKO CHARTERING QUESTIONNAIRE 88 – OIL/CHEMICAL Version 5 1. GENERAL INFORMATION

1.1 Date updated: MAY 12, 2017

1.2 Vessel’s name (IMO number): PATTON / 211511

1.3 Vessel’s previous name(s) and date(s) of change:

1.4 Date delivered/Builder (where built): 17 AUG 1997 KAZINA DOCKYARD CO LTD

1.5 Flag/Port of Registry: PANAMA

1.6 Call sign/MMSI: LVHT /652817075

1.7 Vessel’s contact details (satcom/fax/email etc.): +150 2160 1985 [email protected]

1.8 Type of vessel (as described in Form A or Form B Q1.11 of the IOPPC): OIL & CHEMICAL TANKER 1.9 Type of hull: DOUBLE HULL

Ownership and Operation

1.10 Registered owner - Full style: PATTON LVL 5-02 CRANIUM AVENUE

ATHERIUM CITY, ATHERIUM

1.11 Technical operator - Full style: MONTGOMERY SHIPPING CO LTD LVL 42-05, 56 MARMION WAY ATHERIUM CITY 2160, ATHERIUM

1.12 Commercial operator - Full style: MONTGOMERY SHIPPING CO LTD LVL 42-05, 56 MARMION WAY

ATHERIUM CITY 2160, ATHERIUM

1.13 Disponent owner - Full style:

Insurance

1.14 P & I Club - Full Style: THE SHIPOWNERS' MUTUAL PROTECTION & INDEMNITY ASSOCIATION

(LUXEMBOURG)

1.15 P & I Club pollution liability coverage/expiration date: USD 1,000,000,000 Feb 20, 2019

1.16 Hull & Machinery insured by - Full Style: (Specify broker or leading underwriter)

STEADFAST MARINELVL 5-01, THE CITY CENTRE, ATHERIUM CITY, ATHERIUM

1.17 Hull & Machinery insured value/expiration date: USD 8,000,000 Apr 30, 2019

Classification

1.18 Classification society: NIPPON KAIJI KYOKAI

1.19 Class notation: NS* (Tanker, Molasses or Oils Flashpoint below 60C and Chemicals

Type II and II) (ESP) MNS*

1.20 Is the vessel subject to any conditions of class, class extensions, outstanding memorandums or class recommendations? If yes, give details:

NO

1.21 If classification society changed, name of previous and date of change: NO

1.22 Does the vessel have ice class? If yes, state what level: NO

1.23 Date/place of last dry-dock: ZHOUSHAN /17 SEP 2017

1.24 Date next dry dock due/next annual survey due: 18 SEP 2020 24 Jun 2018

1.25 Date of last special survey/next special survey due: 29 Mar 2017 24 Mar 2022

1.26 If ship has Condition Assessment Program (CAP), what is the latest overall rating: YES , LEVEL OR GRADE 2

Dimensions

MONTGOMERY SHIPPING CO LTD; LVL 42-05, 56 MARMION WAY; ATHERIUM CITY, ATHERIUM

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1.27 Length overall (LOA): 108.02 METRES

1.28 Length between perpendiculars (LBP): 99 METRES

1.29 Extreme breadth (Beam): 18.20 METRES

1.30 Moulded depth: 9 METRES

1.31 Keel to masthead (KTM)/ Keel to masthead (KTM) in collapsed condition, if applicable: 32.15 METRES

1.32 Distance bridge front to center of manifold: 30.00 Meters

1.33 Bow to center manifold (BCM)/Stern to center manifold (SCM): 54.05 METRES 54.195 METRES

1.34 Parallel body distances Lightship Normal Ballast Summer Dwt

Forward to mid-point manifold: 19.3 METRES 24.0 METRES 26.6 METRES

Aft to mid-point manifold: 12.0 METRES 18.4 METRES 22.5 METRES

Parallel body length: 31.30 METRES 42.40 METRES 49.10 METRES

Tonnages

1.35 Net Tonnage: 2030

1.36 Gross Tonnage/Reduced Gross Tonnage (if applicable): 4,751 N/A

1.37 Suez Canal Tonnage - Gross (SCGT)/Net (SCNT): 4,579.33

1.38 Panama Canal Net Tonnage (PCNT): 4051

Loadline Information

1.39 Loadline Freeboard Draft Deadweight Displacement

Summer: 1.912 M 7.120 M 7,477 MT 10,083 MT

Winter: 2.060 M 6.972 M 7,240 MT 9,846 MT

Tropical: 1.764 M 7.268 M 7,717 MT 10323 MT

Lightship: 7.776 M 1.256 M 8,812 MT

Normal Ballast Condition: 6.076 M 2.956 M 2,489 MT 5,095 MT

Segregated Ballast Condition: 6.076 M 2.956 M 2,489 MT 5,095 MT

1.40 FWA/TPC at summer draft: 156 MILLIMETRES 16.1 TONNES

1.41 Does vessel have multiple SDWT? If yes, please provide all assigned loadlines: YES , 1st

Load Line 7,477 T / 2ND

5,966 T

1.42 Constant (excluding fresh water): 150 Metric Tones

1.43 What is the company guidelines for Under Keel Clearance (UKC) for this vessel? Open Sea at least 20% not less than 1.0 meter, Coastal passage at least 10% not less than 0.5 meter, Within port limit / alongside berth at least 5% not less than 0.3%

1.44 What is the max height of mast above waterline (air draft) Full Mast Collapsed Mast

Summer deadweight: 25.03 METRES 0 Meters

Normal ballast: 28.24 METRES 0 Meters

Lightship: 29.94 METRES 0 Meters

2. CERTIFICATES Issued Last Annual Last Intermediate Expires

2.1 Safety Equipment Certificate (SEC): 06 JUN 2017 24 MAR 2022

2.2 Safety Radio Certificate (SRC): 06 JUN 2017 24 MAR 2022

2.3 Safety Construction Certificate (SCC): 06 JUN 2017 24 MAR 2022

2.4 International Loadline Certificate (ILC): 06 JUN 2017 24 MAR 2022

2.5 International Oil Pollution Prevention Certificate (IOPPC):

06 JUN 2017 24 MAR 2022

2.6 International Ship Security Certificate (ISSC): 18 AUG 2016 01 MAY 2019

2.7 Maritime Labour Certificate (MLC): 30 AUG 2016 29 AUG 2021

2.8 ISM Safety Management Certificate (SMC): 28 APR 2018 15 JUN 2023

IMLAM 2020 v1 12.19 22

2.9 Document of Compliance (DOC): 07 DES 2017 03 FEB 2023

2.10 USCG Certificate of Compliance (USCGCOC): N/A N/A N/A N/A

2.11 Civil Liability Convention (CLC) 1992 Certificate: 04 JAN 2017 20 FEB 2019

2.12 Civil Liability for Bunker Oil Pollution Damage Convention (CLBC) Certificate:

04 JAN 2017 20 FEB 2019

2.13 Liability for the Removal of Wrecks Certificate (WRC): 08 JAN 2018 20 FEB 2019

2.14 U.S. Certificate of Financial Responsibility (COFR): N/A

2.15 Certificate of Class (COC): 06 JUN 2017 24 MAR 2022

2.16 International Sewage Pollution Prevention Certificate (ISPPC):

06 JUN 2017 24 MAR 2022

2.17 Certificate of Fitness (COF): 04 OCT 2017 24 MAR 2022

2.18 International Energy Efficiency Certificate (IEEC): 27 MAY 2016 Not Applicable

2.19 International Air Pollution Prevention Certificate (IAPPC): 06 JUN 2017 24 MAR 2022

Documentation

2.20 Owner warrant that vessel is member of ITOPF and will remain so for the entire duration of this voyage/contract:

YES

2.21 Does vessel have in place a Drug and Alcohol Policy complying with OCIMF guidelines for Control of Drugs and Alcohol Onboard Ship?

YES

2.22 Is the ITF Special Agreement on board (if applicable)? N/A

2.23 ITF Blue Card expiry date (if applicable):

3. CREW

3.1 Nationality of Master: UKRANIAN

3.2 Number and nationality of Officers: 8 ATHERIUM

3.3 Number and nationality of Crew: 14 ATHERIUM

3.4 What is the common working language onboard: ENGLISH

3.5 Do officers speak and understand English? YES

3.6 If Officers/ratings employed by a manning agency - Full style:

4. FOR USA CALLS

4.1 Has the vessel Operator submitted a Vessel Spill Response Plan to the US Coast Guard which has been approved by official USCG letter?

NO

4.2 Qualified individual (QI) - Full style: N/A

4.3 Oil Spill Response Organization (OSRO) - Full style: N/A

4.4 Salvage and Marine Firefighting Services (SMFF) - Full Style: N/A

5. SAFETY/HELICOPTER

5.1 Is the vessel operated under a Quality Management System? If Yes, what type of system? (ISO9001 or IMO Resolution A.741(18) as amended):

Yes IMO Resolution A.741 (18)

5.2 Can the ship comply with the ICS Helicopter Guidelines? NO

5.2.1 If Yes, state whether winching or landing area provided: N/A

5.2.2 If Yes, what is the diameter of the circle provided: N/A

6. COATING/ANODES

6.1 Tank Coating Coated Type To What Extent Anodes

Cargo tanks: YES SUS316L WHOLE TANK NO

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Ballast tanks: YES EPOXY WHOLE TANK YES

Slop tanks: YES SUS316L WHOLE TANK NO

7. BALLAST

7.1 Pumps No. Type Capacity At What Head (sg=1.0)

Ballast Pumps: 2 Framo/Centrifugal 300 m3/Hr

Ballast Eductors:

8. CARGO

Double Hull Vessels

8.1 Is vessel fitted with centerline bulkhead in all cargo tanks? If Yes, solid or perforated: NO

Cargo Tank Capacities

8.2 Number of cargo tanks and total cubic capacity (98%): 13 TANKS 6932.281 CBM

8.2.1 Capacity (98%) of each natural segregation with double valve (specify tanks): COT 1P : 553.921 CBM COT 1S : 560.924 CBM COT 2P : 621.167 CBM COT 2S : 627.851 CBM COT 3P : 611.451 CBM COT 3S : 611.268 CBM COT 4P : 611.138 CBM COT 4S : 614.806 CBM COT 5P : 612.597 CBM COT 5S : 619.006 CBM COT 6P : 315.382 CBM COT 6S : 322.104 CBM COT 7S : 256.982 CBM

8.2.2 IMO class (Oil/Chemical Ship Type 1, 2 or 3): 2 & 3

8.3 Number of slop tanks and total cubic capacity (98%): 1 TANKS 250.444 CBM

Cargo Handling and Pumping Systems

8.4 How many grades/products can vessel load/discharge with double valve segregation: 14

8.4.1 State type of cargo containment (integral, independent, gravity or pressure tanks): integral

8.5 Are there any cargo tank filling restrictions? If yes, specify number of slack tanks, max s.g., ullage restrictions etc.:

NO

8.6 Max loading rate for homogenous cargo With VECS Without VECS

Loaded per manifold connection: NO 384 CBM/Hour

Loaded simultaneously through all manifolds: NO 678 CBM/Hour

Cargo Control Room

8.7 Is ship fitted with a Cargo Control Room (CCR)? YES

8.8 Can tank innage/ullage be read from the CCR? YES

Gauging and Sampling

8.9 Is gauging system certified and calibrated? If no, specify which ones are not calibrated: YES

What type of gauging system as per IBC 13.1 is fitted (Open/Restricted/Closed )? Closed

Is a tank overflow control system fitted? If yes, then state if system includes automatic closing of valves?

NO

8.10 Number of portable gauging units (example- MMC) on board: 2

Vapor Emission Control System (VECS)

8.11 Is a Vapour Emission Control System (VECS) fitted? YES

8.12 Number/size of VECS manifolds (per side): 1 150 Millimetres

8.13 Number/size/type of VECS reducers:

Venting

8.14 State what type of venting system is fitted: INDEPENDENT

Cargo Manifolds and Reducers

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8.15 Total number/size of cargo manifold connections on each side: 14 x 150 mm

8.15.1 Does the vessel have a Common Line Manifold connection? If yes, describe: 500 MILLIMETRES / PORT & STARBOARD

8.16 What type of valves are fitted at manifold: BUTTERFLY VALVE

8.17 What is the material/rating of the manifold: STAINLESS STEEL

8.18 Distance between cargo manifold centers: 500 MILLIMETRES

8.19 Distance ships rail to manifold: 2650 MILLIMETRES

8.20 Distance manifold to ships side: 2750 MILLIMETRES

8.21 Top of rail to center of manifold: 280 MILLIMETRES

8.22 Distance main deck to center of manifold: 1780 MILLIMETRES

8.23 Spill tank grating to center of manifold: 650 MILLIMETRES

8.24 Manifold height above the waterline in normal ballast/at SDWT condition: 6.15 METRES 3.65 METRES

8.25 Number/size/type of reducers: 2/ 152.4-127MM 4/203..2-152.4MM

3/127-101.6MM 1/254-152.4MM

3/152.4-101.6MM

8.26 Is vessel fitted with a stern manifold? If yes, state size: N/A,

Heating

8.27 Cargo/slop tanks fitted with a cargo heating system? Type Coiled Material

Cargo Tanks: HEATING COIL Yes Stainless steel

Slop Tanks: HEATING COIL Yes Stainless steel

8.27.1 Is a Thermal Oil Heating system fitted? If yes, identify tanks? NO

8.28 Maximum temperature cargo can be loaded/maintained: 70.0 °C / 158.0 °F 70 °C / 158 °F

8.28.1 Minimum temperature cargo can be loaded/maintained: 25.0 °C / 77.0 °F 25.0 °C / 77.0 °F

Inert Gas and Crude Oil Washing

8.29 Is an Inert Gas System (IGS) fitted/operational? N/A

8.30 Is IGS supplied by flue gas, inert gas (IG) generator and/or nitrogen: NO

8.30.1 If nitrogen generator, specify the applicable flow rate for each of the designed purity modes: N/A

Cargo Pumps

8.31 How many cargo pumps can be run simultaneously at full capacity:

8.32 Pumps No. Type Capacity At What Head (sg=1.0)

Cargo Pumps: 12 2

Framo/Centrifugal Framo/Centrifugal

200 m3/hr 100 m3/hr

12 2

Cargo Eductors:

Stripping:

8.33 Is at least one emergency portable cargo pump provided? YES

Tank Cleaning Systems

8.34 Is tank cleaning equipment fixed in cargo tanks? Yes

8.35 Is portable tank cleaning equipment provided? Yes

8.36 Tank washing pump capacity: 100 cbm/hrs

8.37 Is a washing water heater fitted? If yes is it operational and state max washing water temperature:

YES, 90O TEMPERATURE

8.38 What is the maximum number of machines that can be operated at their designed max pressure? 4 Machine

Other Deck Equipment

8.39 Is vessel fitted with a remote cargo tank temperature monitoring system. If yes, is it operational? No

8.40 Is vessel fitted with a remote cargo tank pressure monitoring system. If yes, is it operational? No

8.41 Is vessel fitted with a cargo tank drier. If yes is it operational and state capacity: No

8.42 Is vessel fitted with a cargo cooling system. If yes is it operational and state tanks applicable: No

8.43 Is steam available on deck? Yes

IMLAM 2020 v1 12.19 25

9. MOORING

9.1 Wires (on drums) No. Diameter Material Length Breaking Strength

Forecastle:

Main deck fwd:

Main deck aft:

Poop deck:

9.2 Wire tails No. Diameter Material Length Breaking Strength

Forecastle:

Main deck fwd:

Main deck aft:

Poop deck:

9.3 Ropes (on drums) No. Diameter Material Length Breaking Strength

Forecastle: 4 52 MILLIMETRES MIXED 200 METRES 41 TONNES

Main deck fwd:

Main deck aft:

Poop deck: 2 52 MILLIMETRES MIXED 200 METRES 41 TONNES

9.4 Other lines No. Diameter Material Length Breaking Strength

Forecastle: 6 52 MILLIMETRES MIXED 200 METRES 41 TONNES

Main deck fwd:

Main deck aft:

Poop deck: 8 52 MILLIMETRES MIXED 200 METRES 41 TONNES

9.5 Winches No. No. Drums Motive Power Brake Capacity Type of Brake

Forecastle: 2 DOUBLE 22.5 TONNES 2

Main deck fwd:

Main deck aft:

Poop deck: 2 SINGLE 22.5 TONNES 2

9.6 Bitts, closed chocks/fairleads No. Bitts SWL Bitts No. Closed Chocks SWL Closed Chocks

Forecastle: 4 22.50 Metric Tonnes

4 22.50 Metric Tonnes

Main deck fwd: 2 22.50 Metric Tonnes


Main deck aft: 2 22.50 Metric Tonnes


Poop deck: 4 22.50 Metric Tonnes


Anchors/Emergency Towing System

9.7 Number of shackles on port/starboard cable: 9 / 9

9.8 Type/SWL of Emergency Towing system forward: Towing from the bow

52.0 Metric Tonnes

9.9 Type/SWL of Emergency Towing system aft: Towing from the stern

52.0 Metric Tonnes

Escort Tug

9.10 What is size/SWL of closed chock and/or fairleads of enclosed type on stern: 340 mm x 240 mm 52.0 Metric Tonnes

9.11 What is SWL of bollard on poop deck suitable for escort tug: 52.0 Metric Tonnes

Lifting Equipment/Gangway

9.12 Derrick/Crane description (Number, SWL and location): 1 X 4 TONNES / MANIFOLD

9.13 Accommodation ladder direction:

Does vessel have a portable gangway? If yes, state length: YES, 12 mtr

Single Point Mooring (SPM) Equipment

9.14 Does the vessel meet the recommendations in the latest edition of OCIMF ‘Recommendations for N/A

IMLAM 2020 v1 12.19 26

Equipment Employed in the Bow Mooring of Conventional Tankers at Single Point Moorings (SPM)’?

9.15 If fitted, how many chain stoppers: N/A

9.16 State type/SWL of chain stopper(s): N/A

9.17 What is the maximum size chain diameter the bow stopper(s) can handle: N/A

9.18 Distance between the bow fairlead and chain stopper/bracket: N/A

9.19 Is bow chock and/or fairlead of enclosed type of OCIMF recommended size (600mm x 450mm)? If not, give details of size:

N/A

10. PROPULSION

10.1 Speed Maximum Economical

Ballast speed: 11.0Knots (WSNP) 9.5 Knots (WSNP)

Laden speed: 10.0Knots (WSNP) 8.5 Knots (WSNP)

10.2 What type of fuel is used for main propulsion/generating plant: MFO MGO

10.3 Type/Capacity of bunker tanks: MFO 531.44 CU. M / MGO 118.79 CU. M

10.4 Is vessel fitted with fixed or controllable pitch propeller(s): N/A

10.5 Engines No Capacity Make/Type

Main engine: 1 3,111 KW

B & W 6L35MC MARK 6

Aux engine: 3 480 PS YANMAR S165L-UT

Power packs: 3 200 BAR FRAMO

Boilers: 1 10100kg/Hour VWN-10000WE

Bow/Stern Thruster

10.6 What is brake horse power of bow thruster (if fitted): 537 HP

10.7 What is brake horse power of stern thruster (if fitted): N/A,

Emissions

10.8 Main engine IMO NOx emission standard: YES

10.9 Energy Efficiency Design Index (EEDI) rating number: N/A

11. SHIP TO SHIP TRANSFER

11.1 Does vessel comply with recommendations contained in OCIMF/ICS Ship To Ship Transfer Guide (Petroleum, Chemicals or Liquified Gas, as applicable)?

YES

11.2 What is maximum outreach of cranes/derricks outboard of the ship’s side: 4 Tns -SWL

11.3 Date/place of last STS operation: NO

12. RECENT OPERATIONAL HISTORY

12.1 Last three cargoes/charterers/voyages (Last/2nd Last/3rd Last): TBA

12.2 Has vessel been involved in a pollution, grounding, serious casualty, unscheduled repair or collision incident during the past 12 months? If yes, provide details:

NO

12.3 Date and place of last Port State Control inspection: CHITTAGONG/01 MAR 2018

12.4 Any outstanding deficiencies as reported by any Port State Control? If yes, provide details: NO

12.5 Recent Oil company inspections/screenings (To the best of owners knowledge and without guarantee of acceptance for future business)*: * "Approvals" are not given by Oil Majors and ships are accepted for the voyage on a case by casebasis.

IDEMITSU PETRONAS

12.6 Date/Place of last SIRE inspection: 20 SEPT 2018

12.6.1 Date/Place of last CDI inspection: 12 SEPT 2018

12.7 Additional information relating to features of the ship or operational characteristics: N/A

Revised 2018 (INTERTANKO/Q88.com)

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http://www.intertanko.com/

http://www.q88.com/web_ad.asp?ad=Q88-V4.1

Matthias Klausenberg From: Ralph Conceicao <[email protected]> To: Matthias Klausenberg <[email protected]> Date: 20 June 2018, 10:45 PM Subject: RE: MT PATTON Good day Matthias! Chtrs confirm as follows: //qte// Extension of laycan to 30 June is agreed //unqte// Kind regards, RALPH CONCEICAO


From: Matthias Klausenberg <[email protected]> To: Ralph Conceicao <[email protected]> Date: 20 June 2018, 2:08 AM Subject: RE: MT PATTON Ralph Vsl stemming bunkers before arrival at Dianthus. Delay ay bunker port, Port Whynne, because poss. Off-spec bunker issue. Expect to meet laycan but possibly one day out. Kindly confirm with chtrs extension laycan. Regards Matthias From: Ralph Conceicao <[email protected]> To: Matthias Klausenberg <[email protected]> Date: 1 June 2018, 8:45 PM Subject: RE: MT PATTON TO : MONTGOMERY SHIPPING CO LTD ATTN : MATTHIAS KLAUSENBERG GOOD DAY, WITH AUTHORITY, WE ARE PLEASED TO RECAP CLEAN FIXTURE WITH THE BELOW TERMS AND CONDITIONS FOR YOUR GOOD SHIP:- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ +++++ S T R I C T L Y P R I V A T E A N D C O N F I D E N T I A L +++++ +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

IMLAM 2020 v1 12.19 28



+++++++++++++++ CP DATE : 1ST JUNE 2018 CHARTERER : GREATER EARTH FUELS INTERNATIONAL LIMITED OWNER : MONTGOMERY SHIPPING CO LTD FREIGHT PAYABLE TO: ACCOUNT NAME : MONTGOMERY SHIPPING CO LTD ACCOUNT NUMBER : 977-977-988 (USD) BENEFICIARY BANK : NATIONAL ATHERIUM BANK BANK ADDRESS : 75 MOSSACK STREET ATHERIUM CITY 2160, ATHERIUM BANK CODE : 10 SWIFT CODE : NABATCM

VESSEL : MT PATTON (Q88 ATTACHED) ITINERARY : 26-28/JUN DIANTHUS 11-12/JUL FREESIA OR ALBIZIA, CHOPT LAST 3 CARGO : 1ST: ACETONE/CYCLOHEXANE/METHYL METHACRYLATE/HEXANE/TOLUENE 2ND: PHENOL/BENZENE/STYRENE MONOMER/BUTYL ACRYLATE 3RD: BENZENE/FAME FOR:- - CARGO : 5,150MT MBGF500, 5% MOLCO - LAY/CAN : 28 JUNE 2018 (DIANTHUS) - LOAD : 1SP/1SB DIANTHUS, GAZANIA (NO NIGHT SAILING) - DISCHARGE : 1SP/1SB FREESIA, ALYSSUM OR 1SP/SB ACACIA, GOLDLAND

- FREIGHT : LUMPSUM USD235,000.00 - PAYMENT : FREIGHT PAYABLE WITHIN FIVE (5) BANKING DAYS AFTER RECEIVED FREIGHT INVOICE; HALF FREIGHT TO BE INVOICED ON ARRIVAL LOAD PORT AND HALF FREIGHT ON ISSUE NOR AT DISPORT - LAYTIME : LOAD PORT DIANTHUS 28HRS FAP SHINC; DISPORT FREESIA 34HRS FAP SHINC; DISPORT ALBIZIA 32.5HRS FAP SHINC - DEMURRAGE : USD8,500 PDPR, PAYABLE WITHIN FIVE (5) BANKING DAYS AFTER OWNERS INVOICE, TO BE ISSUED AFTER DEPARTURE EACH PORT OTHER TERMS & CONDITIONS ------------------------ - FULL CLEANING CLAUSE - OWNERS OPTION COMPLETION/ ROTATION/ SEGREGATION - ASBATANKVOY C/P TO APPLY WUOPC - NON-NEGOTIABLE TERMINAL BILL OF LADING CLAUSE: IMMEDIATELY UPON COMPLETION OF LOADING, MASTER OR AGENTS TO SIGN NON-NEGOTIABLE TERMINAL BILL(S) OF LADING. THIS NON-NEGOTIABLE BILL(S) OF LADING IS OF NO COMMERCIAL VALUE AND THE PURPOSE SHALL BE STRICTLY FOR CUSTOMS CLEARANCE AT LOAD PORT AND SHALL BE SUBMITTED TO THE TERMINAL/SHIPPER BY OWNERS AGENTS UPON SIGNING BY VESSEL’S MASTERS OR AGENTS. - MASTER OR AGENTS TO SIGN TERMINAL MANIFEST AND CERTIFICATE OF QUANTITY FOR LOADED CARGO(ES) AT TERMINAL WITHIN 2 WORKING DAYS AFTER RECEIPT OF SAID DOCS FROM TERMINAL. CHARTERERS TO IF REQUIRED BY CHARTERERS, ORIGINAL BS/L TO BE ISSUED AT DIANTHUS BY OWNERS/AGENTS AND RELEASED TO CHARTERERS OR CHARTERERS REPRESENTATIVES WITHOUT ANY ADDITIONAL COST TO CHARTERERS. - ASBATANKVOY WITH GE SHIPPING RIDERS (AS ATTACHED) WITH FOLLOWING AGREED AMENDMENTS TO APPLY CLAUSE 7 : LINE 4 AFTER INSPECTOR’S SATISFACTION ADD “BASED ON INDUSTRIAL STANDARD,” CLAUSE 9 : LINE 4 PLEASE ADVS THE PIC DETAILS AFTER FULL 24-HOUR CONTACT

IMLAM 2020 v1 12.19 29

DETAILS : PIC : MR CARLES LEAHY EMAIL : [email protected] MOBILE: + CLAUSE 19 : ADDITIONAL CLAUSE - CLEAN ON BOARD: CHARTERER HAS THE OPTION TO STAMP ‘CLEAN ON BOARD’ ON BILLS OF LADING FOR CONFIRMATION TO LETTER OF CREDIT REQUIREMENTS, PROVIDED THERE ARE NO DOUBT ON CARGO QUANTITY AND/ OR QUALITY AT LOADING PORT BY MASTER. HOWEVER, ‘CLEAN ON BOARD’ IN THIS CONTEXT DOES NOT REFER TO THE QUALITY AND THE QUANTITY OF THE CARGO AND SAME TO BE ONLY FOR CONFIRMATION TO LETTER OF CREDIT REQUIREMENTS. CHARTERER IS RESPONSIBLE AND INDEMNIFY OWNERS FOR ANY CONSEQUENCES MAY ARISE DUE TO OWNER COMPLYING WITH CHARTERER TO MARK THE B/L WITH ‘CLEAN ON BOARD’. - SWITCHING B/L CLAUSE “IF REQUIRED TO SWITCH BILL OF LADING , OWNER TO RELEASE THE 2ND SET ORIGINAL B/LS TO CHARTERER UPON CHARTERER PRESENTATION OF 1ST SET ALL ORIGINAL B/L (1ST, 2ND AND 3RD) AND OWNER TO SEND A SIGNED FAX COPY 2ND SET B/LS FOR THE PURPOSE OF CUSTOM CLEARANCE . CHARTERER TO PROVIDE LOI AS PER OWNER WORDING FOR SWITCHING THE B/L. SWITCH B/L CAN ONLY BE DONE BEFORE THE CGO IS DISCH AT PORT. CLAUSE 25 : INSERT “NOT APPLICABLE FOR THIS SHIPMENT” AT THE END OF THE CLAUSE


CLAUSE 28 : DELETE “TWO DAYS (48 HOURS)” AND REPLACE WITH “ONE DAY (24 HOURS)” - BIMCO ISPS CLS FOR VOYAGE CHARTER PARTY TO APPLY - IN THE ABSENCE OF ORIGINAL BILLS OF LADING, OWNER TO DISCHARGE ENTIRE CARGO AGAINST CHARTERER'S SINGLE LOI AS PER OWNER'S PANDI WORDINGS BUT WITHOUT BANK GUARANTEE. - CP ADMINISTRATION CLAUSE TO APPLY. - OWNER TO GUARANTEE ON BELOW CERTIFICATES TO BE VALID AS PER CHARTER PARTY PERIOD AS PER Q.88 AND VESSEL PARTICULARS REMAIN UNCHANGED PRIOR TO BERTHING AND VESSEL REQUIRES PBI. VESSEL TO HAVE SUFFICIENT MOORING LINES FOR 4 X 2 CONFIGURATION FORE AND AFT. MAXIMUM DISPLACEMENT FOR CB2 IS 13,000T AND MAX ALLOWABLE DRAFT IS 8.1 M. PLEASE TO ENSURE THAT THE VESSEL MUST COMPLY WITH THE ISPS CODE AND VALIDITY OF THE ISSC. REMARKS : 1. THE VESSEL SHALL ENSURE VHF CHANNEL 17 IS WORKABLE, AS FOR ESTABLISHED COMMUNICATION CHANNEL THROUGHOUT SHIP STAY AT BERTH 2. THE VESSEL MUST ARRIVE WITH 2 X 8 INCH ANSI B 16.5 CLASS 300 SHIP PRESENTATION FLANGES TO FIT THE SHORE CAMLOCK MECHANICAL LOADING HOSES COUPLERS. 3. FREE AREA BEHIND FLANGE NECK MINIMUM 300 MM. 4. THE VESSEL MUST ARRIVE WITH CRANE IN GOOD WORKING CONDITION/GOOD OPERATIONAL AND SUFFICIENT BOOM LENGTH TO HANDLE SHORE FLEXIBLE HOSE UP TO SHIP SIDE AND SHIP MANIFOLD. 5. THE VESSEL TO ARRIVE WITH STANDARD GANGWAY (MOT) AND SAFETY NET UNDERNEATH. 6. OWNER’S MUST WARRANT ALL THE CERTIFICATES VALID THROUGHOUT THE CHARTER PARTY PERIOD. - TOTAL 5.0PCT COMMISSION ON ALL FREIGHT/DEADFREIGHT/DEMURRAGE TO STARLIGHT BROKING LLC. ==END RECAP==

IMLAM 2020 v1 12.19 30



RALPH CONCEICAO


IMLAM 2020 v1 12.19 31


Matthias Klausenberg From: Ralph Conceicao <[email protected]> To: Matthias Klausenberg <[email protected]> Date: 25 June 2018, 6:45 PM Subject: RE: MT PATTON Good day Matthias Chtrs confirm nomination of Freesia as disport. Kind regards Ralph From: Ralph Conceicao <[email protected]> To: Matthias Klausenberg <[email protected]> Date: 1 June 2018, 8:45 PM Subject: RE: MT PATTON TO : MONTGOMERY SHIPPING CO LTD ATTN : MATTHIAS KLAUSENBERG GOOD DAY, WITH AUTHORITY, WE ARE PLEASED TO RECAP CLEAN FIXTURE WITH THE BELOW TERMS AND CONDITIONS FOR YOUR GOOD SHIP:- ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ +++++ S T R I C T L Y P R I V A T E A N D C O N F I D E N T I A L +++++ ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ CP DATE : 1ST JUNE 2018 CHARTERER : GREATER EARTH FUELS INTERNATIONAL LIMITED OWNER : MONTGOMERY SHIPPING CO LTD FREIGHT PAYABLE TO: ACCOUNT NAME : MONTGOMERY SHIPPING CO LTD ACCOUNT NUMBER : 977-977-988 (USD) BENEFICIARY BANK : NATIONAL ATHERIUM BANK BANK ADDRESS : 75 MOSSACK STREET ATHERIUM CITY 2160, ATHERIUM BANK CODE : 10 SWIFT CODE : NABATCM

VESSEL : MT PATTON (Q88 ATTACHED) ITINERARY : 26-28/JUN DIANTHUS 11-12/JUL FREESIA OR ALBIZIA, CHOPT LAST 3 CARGO : 1ST: ACETONE/CYCLOHEXANE/METHYL METHACRYLATE/HEXANE/TOLUENE 2ND: PHENOL/BENZENE/STYRENE MONOMER/BUTYL ACRYLATE 3RD: BENZENE/FAME FOR:- - CARGO : 5,150MT MBGF500, 5% MOLCO - LAY/CAN : 28 JUNE 2018 (DIANTHUS) - LOAD : 1SP/1SB DIANTHUS, GAZANIA (NO NIGHT SAILING) - DISCHARGE : 1SP/1SB FREESIA, ALYSSUM OR 1SP/SB ACACIA, GOLDLAND

IMLAM 2020 v1 12.19 32

- FREIGHT : LUMPSUM USD235,000.00 - PAYMENT : FREIGHT PAYABLE WITHIN FIVE (5) BANKING DAYS AFTER RECEIVED FREIGHT INVOICE; HALF FREIGHT TO BE INVOICED ON ARRIVAL LOAD PORT AND HALF FREIGHT ON ISSUE NOR AT DISPORT - LAYTIME : LOAD PORT DIANTHUS 28HRS FAP SHINC; DISPORT FREESIA 34HRS FAP SHINC; DISPORT ALBIZIA 32.5HRS FAP SHINC - DEMURRAGE : USD8,500 PDPR, PAYABLE WITHIN FIVE (5) BANKING DAYS AFTER OWNERS INVOICE, TO BE ISSUED AFTER DEPARTURE EACH PORT OTHER TERMS & CONDITIONS ------------------------ - FULL CLEANING CLAUSE - OWNERS OPTION COMPLETION/ ROTATION/ SEGREGATION - ASBATANKVOY C/P TO APPLY WUOPC - NON-NEGOTIABLE TERMINAL BILL OF LADING CLAUSE: IMMEDIATELY UPON COMPLETION OF LOADING, MASTER OR AGENTS TO SIGN NON-NEGOTIABLE TERMINAL BILL(S) OF LADING. THIS NON-NEGOTIABLE BILL(S) OF LADING IS OF NO COMMERCIAL VALUE AND THE PURPOSE SHALL BE STRICTLY FOR CUSTOMS CLEARANCE AT LOAD PORT AND SHALL BE SUBMITTED TO THE TERMINAL/SHIPPER BY OWNERS AGENTS UPON SIGNING BY VESSEL’S MASTERS OR AGENTS. - MASTER OR AGENTS TO SIGN TERMINAL MANIFEST AND CERTIFICATE OF QUANTITY FOR LOADED CARGO(ES) AT TERMINAL WITHIN 2 WORKING DAYS AFTER RECEIPT OF SAID DOCS FROM TERMINAL. CHARTERERS TO IF REQUIRED BY CHARTERERS, ORIGINAL BS/L TO BE ISSUED AT DIANTHUS BY OWNERS/AGENTS AND RELEASED TO CHARTERERS OR CHARTERERS REPRESENTATIVES WITHOUT ANY ADDITIONAL COST TO CHARTERERS. - ASBATANKVOY WITH GE SHIPPING RIDERS (AS ATTACHED) WITH FOLLOWING AGREED AMENDMENTS TO APPLY CLAUSE 7 : LINE 4 AFTER INSPECTOR’S SATISFACTION ADD “BASED ON INDUSTRIAL STANDARD,” CLAUSE 9 : LINE 4 PLEASE ADVS THE PIC DETAILS AFTER FULL 24-HOUR CONTACT DETAILS : PIC : MR CARLES LEAHY EMAIL : [email protected] MOBILE: + CLAUSE 19 : ADDITIONAL CLAUSE - CLEAN ON BOARD: CHARTERER HAS THE OPTION TO STAMP ‘CLEAN ON BOARD’ ON BILLS OF LADING FOR CONFIRMATION TO LETTER OF CREDIT REQUIREMENTS, PROVIDED THERE ARE NO DOUBT ON CARGO QUANTITY AND/ OR QUALITY AT LOADING PORT BY MASTER. HOWEVER, ‘CLEAN ON BOARD’ IN THIS CONTEXT DOES NOT REFER TO THE QUALITY AND THE QUANTITY OF THE CARGO AND SAME TO BE ONLY FOR CONFIRMATION TO LETTER OF CREDIT REQUIREMENTS. CHARTERER IS RESPONSIBLE AND INDEMNIFY OWNERS FOR ANY CONSEQUENCES MAY ARISE DUE TO OWNER COMPLYING WITH CHARTERER TO MARK THE B/L WITH ‘CLEAN ON BOARD’. - SWITCHING B/L CLAUSE “IF REQUIRED TO SWITCH BILL OF LADING , OWNER TO RELEASE THE 2ND SET ORIGINAL B/LS TO CHARTERER UPON CHARTERER PRESENTATION OF 1ST SET ALL ORIGINAL B/L (1ST, 2ND AND 3RD) AND OWNER TO SEND A SIGNED FAX COPY 2ND SET B/LS FOR THE PURPOSE OF CUSTOM CLEARANCE . CHARTERER TO PROVIDE LOI AS PER OWNER WORDING FOR SWITCHING THE B/L. SWITCH B/L CAN ONLY BE DONE BEFORE THE CGO IS DISCH AT PORT. CLAUSE 25 : INSERT “NOT APPLICABLE FOR THIS SHIPMENT” AT THE END OF THE CLAUSE


IMLAM 2020 v1 12.19 33


CLAUSE 28 : DELETE “TWO DAYS (48 HOURS)” AND REPLACE WITH “ONE DAY (24 HOURS)” - BIMCO ISPS CLS FOR VOYAGE CHARTER PARTY TO APPLY - IN THE ABSENCE OF ORIGINAL BILLS OF LADING, OWNER TO DISCHARGE ENTIRE CARGO AGAINST CHARTERER'S SINGLE LOI AS PER OWNER'S PANDI WORDINGS BUT WITHOUT BANK GUARANTEE. - CP ADMINISTRATION CLAUSE TO APPLY. - OWNER TO GUARANTEE ON BELOW CERTIFICATES TO BE VALID AS PER CHARTER PARTY PERIOD AS PER Q.88 AND VESSEL PARTICULARS REMAIN UNCHANGED PRIOR TO BERTHING AND VESSEL REQUIRES PBI. VESSEL TO HAVE SUFFICIENT MOORING LINES FOR 4 X 2 CONFIGURATION FORE AND AFT. MAXIMUM DISPLACEMENT FOR CB2 IS 13,000T AND MAX ALLOWABLE DRAFT IS 8.1 M. PLEASE TO ENSURE THAT THE VESSEL MUST COMPLY WITH THE ISPS CODE AND VALIDITY OF THE ISSC. REMARKS :

1. THE VESSEL SHALL ENSURE VHF CHANNEL 17 IS WORKABLE, AS FOR ESTABLISHEDCOMMUNICATION CHANNEL THROUGHOUT SHIP STAY AT BERTH

2. THE VESSEL MUST ARRIVE WITH 2 X 8 INCH ANSI B 16.5 CLASS 300 SHIPPRESENTATION FLANGES TO FIT THE SHORE CAMLOCK MECHANICAL LOADING HOSES COUPLERS.

3. FREE AREA BEHIND FLANGE NECK MINIMUM 300 MM.4. THE VESSEL MUST ARRIVE WITH CRANE IN GOOD WORKING CONDITION/GOOD

OPERATIONAL AND SUFFICIENT BOOM LENGTH TO HANDLE SHORE FLEXIBLE HOSE UP TO SHIP SIDE AND

SHIP MANIFOLD. 5. THE VESSEL TO ARRIVE WITH STANDARD GANGWAY (MOT) AND SAFETY NET

UNDERNEATH. 6. OWNER’S MUST WARRANT ALL THE CERTIFICATES VALID THROUGHOUT THE CHARTER

PARTY PERIOD. - TOTAL 5.0PCT COMMISSION ON ALL FREIGHT/DEADFREIGHT/DEMURRAGE TO STARLIGHT BROKING LLC. ==END RECAP==


RALPH CONCEICAO


IMLAM 2020 v1 12.19 34


From: Helena Mijatovic <[email protected]> To: Master MT PATTON <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 28 June 2018, 11:01 PM Subject: RE: URGENT: PATTON - NOR Dear Capt Aguilar, NOR well-received. Current berthing prospects, 30 June/0900 POB. CURRENT ALLOCATED BERTH NO. 3 GEF TERMINAL. Kind regards, Helena PLEASE NOTE THAT THERE AS OF 27 May 2018, PURSUANT TO HARBOUR MASTER ORDER DTS-HM-O-18.12, THERE IS NO NIGHT SAILING AT DIANTHUS PORT UNTIL FURTHER NOTICE Helena Mijatovic Bombay Agencies – Dianthus As agents only 15 Seashell Cove, Dianthus, Gazania Mob: +789 123 456 987 Tel: +789 01 123 5813 From: Master MT PATTON <[email protected]> To: Helena Mijatovic <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 28 June 2018, 9:32 PM Subject: URGENT: PATTON - NOR Dear Sir/Madam MT PATTON NOR attached. Pls acknowledge receipt URGENTLY. Capt A. Aguilar Master, MT PATTON

IMLAM 2020 v1 12.19 35







NOTICE OF READINESS

MV PATTON FLAG: PANAMA

PORT: DIANTHUS DATE: 28 JUNE 2018

Dear Sirs,

Please be advised that the above named vessel under my command, M/V PATTON, arrived at Dianthus roads today, 28 June 2018 at 21:30 hours LT. She is in every respect ready to load her cargo of 5,150MT MBGF500 as per charter party in accordance with the terms and condition of the governing Charter Party dated 1 June 2018.

Respectfully yours,

Capt. A. Aguilar

THE MASTER OF M/V PATTON

CAPT. ALBERTO AGUILAR

NOTICE TENDERED ON: 28 June 2018 AT 2130 HRS

NOTICE ACCEPTED ON:

IMLAM 2020 v1 12.19 36

From: Helena Mijatovic <[email protected]> To: Master MT PATTON <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 30 June 2018, 2:28 PM Subject: RE: URGENT: PATTON - NOR Dear Capt Aguilar, Per terminal advice, cargo ops at Berth No. 3 suspended until further notice. Crack in shore pipe, and contractors engaged to replace. Current estimated repair time 10 hours. No cargo ops on Sunday. Likely resume ops first light Monday 2 Jul. Kind regards, Helena PLEASE NOTE THAT THERE AS OF 27 May 2018, PURSUANT TO HARBOUR MASTER ORDER DTS-HM-O-18.12, THERE IS NO NIGHT SAILING AT DIANTHUS PORT UNTIL FURTHER NOTICE Helena Mijatovic Bombay Agencies – Dianthus As agents only 15 Seashell Cove, Dianthus, Gazania Mob: +789 123 456 987 Tel: +789 01 123 5813 From: Helena Mijatovic <[email protected]> To: Master MT PATTON <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 28 June 2018, 11:01 PM Subject: RE: URGENT: PATTON - NOR Dear Capt Aguilar, NOR well-received. Current berthing prospects, 30 June/0900 POB. CURRENT ALLOCATED BERTH NO. 3 GEF TERMINAL. Kind regards, Helena PLEASE NOTE THAT THERE AS OF 27 May 2018, PURSUANT TO HARBOUR MASTER ORDER DTS-HM-O-18.12, THERE IS NO NIGHT SAILING AT DIANTHUS PORT UNTIL FURTHER NOTICE Helena Mijatovic Bombay Agencies – Dianthus As agents only 15 Seashell Cove, Dianthus, Gazania Mob: +789 123 456 987 Tel: +789 01 123 5813

IMLAM 2020 v1 12.19 37







From: Master MT PATTON <[email protected]> To: Helena Mijatovic <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 28 June 2018, 9:32 PM Subject: URGENT: PATTON - NOR Dear Sir/Madam MT PATTON NOR attached. Pls acknowledge receipt URGENTLY. Capt A. Aguilar Master, MT PATTON

IMLAM 2020 v1 12.19 38




From: Helena Mijatovic <[email protected]> To: Master MT PATTON <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 2 July 2018, 1:30 PM Subject: RE: URGENT: PATTON Dear Capt Aguilar, Per attached HM order, and telcon, ship to stop loading and clear to anchorage A-12 because of incoming cyclone. Terminal rep will board soon for further advices. Kind regards, Helena PLEASE NOTE THAT THERE AS OF 27 May 2018, PURSUANT TO HARBOUR MASTER ORDER DTS-HM-O-18.12, THERE IS NO NIGHT SAILING AT DIANTHUS PORT UNTIL FURTHER NOTICE Helena Mijatovic Bombay Agencies – Dianthus As agents only 15 Seashell Cove, Dianthus, Gazania Mob: +789 123 456 987 Tel: +789 01 123 5813 From: Helena Mijatovic <[email protected]> To: Master MT PATTON <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 30 June 2018, 2:28 PM Subject: RE: URGENT: PATTON - NOR Dear Capt Aguilar, Per terminal advice, cargo ops at Berth No. 3 suspended until further notice. Crack in shore pipe, and contractors engaged to replace. Current estimated repair time 10 hours. No cargo ops on Sunday. Likely resume ops first light Monday 2 Jul. Kind regards, Helena PLEASE NOTE THAT THERE AS OF 27 May 2018, PURSUANT TO HARBOUR MASTER ORDER DTS-HM-O-18.12, THERE IS NO NIGHT SAILING AT DIANTHUS PORT UNTIL FURTHER NOTICE Helena Mijatovic Bombay Agencies – Dianthus As agents only 15 Seashell Cove, Dianthus, Gazania Mob: +789 123 456 987 Tel: +789 01 123 5813

IMLAM 2020 v1 12.19 39







From: Helena Mijatovic <[email protected]> To: Master MT PATTON <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 28 June 2018, 11:01 PM Subject: RE: URGENT: PATTON - NOR Dear Capt Aguilar, NOR well-received. Current berthing prospects, 30 June/0900 POB. CURRENT ALLOCATED BERTH NO. 3 GEF TERMINAL. Kind regards, Helena PLEASE NOTE THAT THERE AS OF 27 May 2018, PURSUANT TO HARBOUR MASTER ORDER DTS-HM-O-18.12, THERE IS NO NIGHT SAILING AT DIANTHUS PORT UNTIL FURTHER NOTICE Helena Mijatovic Bombay Agencies – Dianthus As agents only 15 Seashell Cove, Dianthus, Gazania Mob: +789 123 456 987 Tel: +789 01 123 5813 From: Master MT PATTON <[email protected]> To: Helena Mijatovic <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 28 June 2018, 9:32 PM Subject: URGENT: PATTON - NOR Dear Sir/Madam MT PATTON NOR attached. Pls acknowledge receipt URGENTLY. Capt A. Aguilar Master, MT PATTON

IMLAM 2020 v1 12.19 40







Matthias Klausenberg From: Matthias Klausenberg <[email protected]> To: Master MT PATTON <[email protected]>; [email protected] Date: 30 June 2018, 08:00 AM Subject: URGENT: PATTON - NOR Dear Captain Per chartering ops, first NOR may be defective because issued during night hours. For avoidance of doubt, pls issue 2nd NOR asap. Ensure you endorse with “W/P to NPR issued at 2130/28 June”. Brgds Matthias

IMLAM 2020 v1 12.19 41


From: Helena Mijatovic <[email protected]> To: Master MT PATTON <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 30 June 2018, 08:23 AM Subject: RE: RE: URGENT: PATTON - NOR Dear Capt Aguilar, Second NOR well-received. Kind regards, Helena Helena Mijatovic Bombay Agencies – Dianthus As agents only 15 Seashell Cove, Dianthus, Gazania Mob: +789 123 456 987 Tel: +789 01 123 5813 From: Master MT PATTON <[email protected]> To: Helena Mijatovic <[email protected]> CC: [email protected]; [email protected]; [email protected]; [email protected] Date: 30 June 2018, 08:17 AM Subject: RE: RE: URGENT: PATTON - NOR Dear Ms Helena MT PATTON NOR attached. W/P to NOR issued at 2130/28 June. Pls acknowledge receipt URGENTLY. Capt A. Aguilar Master, MT PATTON

IMLAM 2020 v1 12.19 42







NOTICE OF READINESS

MV PATTON FLAG: PANAMA

PORT: DIANTHUS DATE: 28 JUNE 2018

Dear Sirs,

Please be advised that the above named vessel under my command, M/V PATTON, arrived at Dianthus roads today, 28 June 2018 at 21:30 hours LT. She is in every respect ready to load her cargo of 5,150MT MBGF500 as per charter party in accordance with the terms and condition of the governing Charter Party dated 1 June 2018.

Respectfully yours,

Capt. A. Aguilar

THE MASTER OF M/V PATTON

CAPT. ALBERTO AGUILAR

NOTICE TENDERED ON: 30 June 2018 AT 0815 HRS (W/P to NOR issued at 2130/28 June)

NOTICE ACCEPTED ON:

IMLAM 2020 v1 12.19 43

HEMA JANARTHANAN From: Hema Janarthanan <[email protected]> To: Ralph Conceicao <[email protected]>; GE SHIPPING <[email protected]> Date: 13 July 2018, 2:15 PM Subject: RE: PATTON charter - freight Hi Ralph Thank you for taking my call earlier. As discussed, it appears we have been the victim of a fake invoice scam! We are checking our other payments. Pls advise owners. We have to take legal advice on whether we are still liable to pay. Kind regards, Hema From: Ralph Conceicao <[email protected]> To: Hema Janarthanan <[email protected]>; GE SHIPPING <[email protected]> Date: 13 July 2018, 12:10 PM Subject: RE: PATTON charter - freight Ms Hema, I did not send the attached email. It is a fraudulent email! Regards, Ralph From: Hema Janarthanan <[email protected]> To: Ralph Conceicao <[email protected]>; GE SHIPPING <[email protected]> Date: 13 July 2018, 11:57 AM Subject: RE: PATTON charter - freight Hi Ralph 1st freight invoice paid on 30 June 2018 2nd freight invoice paid on 7 July 2018 (per amended invoice you sent on 5 July 2018 at 10.49PM - attached). Kind regards, Hema From: Ralph Conceicao <[email protected]> To: Hema Janarthanan <[email protected]>; GE SHIPPING <[email protected]> Date: 13 July 2018, 11:01 AM Subject: RE: PATTON charter - freight Ms Hema,

IMLAM 2020 v1 12.19 44

I refer to my email below. Can you kindly advise value date of payment below? Owners say 50% freight has not been received and is overdue.

Tks.

Regards, Ralph

Ralph Conceicao Senior broker, Far East, Tankers Starlight Brokers LLC

From: Ralph Conceicao <[email protected]> To: Hema Janarthanan <[email protected]>; GE SHIPPING <[email protected]> Date: 5 July 2018, 10:07 AM Subject: RE: PATTON charter - freight

Ms Hema,

Freight invoice for remaining 50% freight attached for your immediate action pls.

Tks.

Regards, Ralph


From: Ralph Conceicao <[email protected]> To: Hema Janarthanan <[email protected]>; GE SHIPPING <[email protected]> Date: 29 June 2018, 10:01 AM Subject: RE: PATTON charter - freight

Ms Hema,

Freight invoice for 50% freight attached for your immediate action pls.

Tks.

Regards, Ralph


IMLAM 2020 v1 12.19 45

MONTGOMERY SHIPPING CO LTD

LVL 42-05, 56 MARMION WAY, ATHERIUM CITY 2160

To: Greater Earth Fuels International Limited 17 Augustus Boulevard, Brote Business District 19-AG-86 Gazania

Date: 29 June 2018

FREIGHT INVOICE

Description MT PATTON, V 185 Initial 50% freight per charterparty dd 1 June 2018

USD

117,500.00

TOTAL PAYABLE (USD) 117,500.00

Please make payment within five (5) banking days of invoice to:

ACCOUNT NAME: MONTGOMERY SHIPPING CO LTD ACCOUNT NUMBER: 977-977-988 (USD) BENEFICIARY BANK: NATIONAL ATHERIUM BANK BANK ADDRESS: 75 MOSSACK STREET ATHERIUM CITY 2160, ATHERIUM SWIFT CODE: NABATCM

IMLAM 2020 v1 12.19 46

TANKER BILL OF LADING B/L No. 2018.185.DIAN-FRE001

Shipped on board in apparent good order and condition by (shipper) GREATER EARTH FUELS INTERNATIONAL LTD, 17 AUGUSTUS BOULEVARD, BROTE BUSINESS DISTRICT 19-AG-86, GAZANIA on board the tanker MT PATTON at the port of DIANTHUS, GAZANIA whereof CAPT A. AGUILAR is the Master, to be delivered to the port of FREESIA, ALYSSUM Consignee/Order of GREATER EARTH FUELS (FREESIA) LTD Notify: A quantity in bulk said by the shipper to be: COMMODITY QUANTITY

(Name of Product) (lbs/tons/barrels/gallons) MBGF500 BASE OIL 5,156MT The quantity, measurement, weight, gauge, quality, nature and value and actual condition of the cargo unknown to the Vessel and the Master, to be delivered at the port of discharge or so near thereto as the Vessel can safely get, always afloat upon prior payment of freight as agreed. This shipment is carried under and pursuant to the terms of the Charter dated Month Day Year at between MONTGOMERY SHIPPING CO LTD and GREATER EARTH FUELS INTL LTD as Charterer, and all the terms (including Arbitration Clause) whatsoever of the said Charter except the rate and payment of freight specified therein apply to and govern the rights of the parties concerned in this shipment. Copy of the Charter may be obtained from the Shipper or Charterer. This Shipment of ( ) was loaded on board the vessel as part of one original lot of ( “ ) stowed in ( “ ) with no segregation as to parcels. For the whole shipment 1 TRIPLICATE set of bill(s) of lading have been issued, for which vessel is relieved from all responsibilities to the extent it would be if only one set only had been issued. Cargoes were commingled at the request, risk and liability of the shipper. The vessel undertakes to deliver only that portion of cargo actually loaded, which is represented by the percentage that the total amount specified in the bill(s) of lading bears to the total commingled shipment, delivered at destination. If this Bill of Lading is a document of title to which the Carriage of Goods by Sea Act of the United States, approved April 16, 1936, or similar legislation giving statutory effect to the International Convention for the Unification of Certain Rules relating to Bills of Lading at Brussels of August 25, 1924, “(the Hague Rules) or the Hague Rules as amended by the protocol signed at Brussels on 23rd February 1968 (the Hague/Visby Rules)” applies by reason of the port of loading or discharge being in territory in which the said Act or other similar legislation is in force, this Bill of Lading shall have effect subject to the provisions of the said Act or other similar legislation, as the case may be, which shall be deemed incorporated herein, and nothing herein contained shall be deemed a surrender by the carrier of any of its rights or immunities or an increase of any of its responsibilities or liabilities under said Act or other similar legislation. If any term of this Bill of Lading is repugnant to the said Act or other similar legislation as so incorporated, such terms shall be void to that extent but no further. The contract of carriage evidenced by this Bill of Lading is between the shipper, consignee and/or owner of the cargo and the owner or demise charterer of the vessel named herein to carry the cargo described above. It is understood and agreed that, other than said shipowner or demise charter, no person, firm or corporation or other legal entity whatsoever, is or shall be deemed to be liable with respect to the shipment as carrier, bailee or otherwise in contract or in tort. If, however, it shall be adjudged that any other than said shipowner or demise charterer is carrier or bailee of said shipment or under any responsibility with respect thereto, all limitations of or exonerations from liability and all defenses provided by law or by the terms of the contract of carriage shall be available to such other. The New Jason, Both-to-Blame Collision and Himalaya clauses are incorporated herewith. In Witness Whereof, the Master has signed 3 Bills of Lading of this tenor and date, one of which being accomplished, the others will be void. Dated at DIANTHUS this 4TH day of JULY 2018 year

Capt. A. Aguilar Master, MT PATTON

IMLAM 2020 v1 12.19 47

Conditions of Carriage (1) General Paramount Clause

(a) The Hague Rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading, dated Brussels the 25th August 1924 as enacted in the country of shipment, shall apply to this Bill of Lading. When no such enactment is in force in the country of shipment, the corresponding legislation of the country of destination shall apply, but in respect of shipments to which no such enactments are compulsorily applicable, the terms of the said Convention shall apply.

(b) Trades where Hague-Visby Rules apply.

In trades where the International Brussels Convention 1924 as amended by the Protocol signed at Brussels on February 23rd 1968 – the Hague-Visby Rules – apply compulsorily, the provisions of the respective legislation shall apply to this Bill of Lading.

(c) The Carrier shall in no case be responsible for loss of or damage to the cargo, howsoever arising prior to loading into and after discharge from the Vessel or while the cargo is in the charge of another Carrier, nor in respect of deck cargo or live animals.

(d) If the carriage covered by this Bill of Lading includes Carriage to or from a port or place in the United States of America, this Bill of Lading shall be subject tot the United States Carriage of Goods by Sea Act 1936 (US COGSA), the terms of which are incorporated herein and shall govern throughout the entire Carriage set forth in this Bill of Lading. Neither the Hague or Hague-Visby Rules shall apply to the Carriage to or from the United States. The Carrier shall be entitled to the benefits of the defences and limitations in US COGSA, whether the loss or damage to the Goods occurs at sea or not.

(2) General Average

General Average shall be adjusted, stated and settled according to York-Antwerp Rules 1994, or any subsequent modification thereof, in London unless another place is agreed in the Charter Party.

Cargo’s contribution to General Average shall be paid to the Carrier even when such average is the result of a fault, neglect or error of the Master, Pilot or Crew. The Charterers, Shippers, Consignees and the Holder of this Bill of Lading expressly renounce the Belgian Commercial Code, Part II, Art. 148.

(3) New Jason Clause

In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier is not responsible, by statute, contract or otherwise, the cargo, Shippers, Consignees, the Owners of the cargo or the Holder of this Bill of Lading shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo. If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers. Such deposit as the Carrier, or his agents, may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the cargo, Shippers, Consignees or Owners of the goods or Holder of this Bill of Lading to the Carrier before delivery.

(4) Both-to-Blame Collision Clause

If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder and the Holder of this Bill of Lading will indemnify the Carrier against all loss or liability to the other or non-carrying vessel or her owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying vessel or her owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying Vessel or the Carrier.

The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact.

(5) Notice of Loss or Damage to the Goods Unless Notice of Loss or Damage to the Goods and the general nature of such loss or damage be given in writing to the Carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within 3 (three) days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. (Hague-Visby Rules Article III Rule 6)

(6) Time Bar All liability whatsoever of the Carrier shall cease unless suit is brought within 1 (one) year after delivery of the goods or the date when the goods should have been delivered.

(7) Cargo loss The Carrier shall not be liable for any short outturn cargo quantity below 0.5% as determined by the discrepancy between the quantity of cargo received onboard the vessel in Port of Loading and the ship’s figure in Port of Discharge.

(8) Limitation of Liability The Carrier shall have the benefit of all applicable limitations of and exemptions from liability accorded to the Carrier by any laws, statues, or regulations of any country for the time being in force notwithstanding any provision of the charterparty.

(9) Himalaya Cargo Clause It is hereby expressly agreed that no servant or agent of the Carrier (including every independent contractor from time to time employed by the Carrier) shall in any circumstances whatsoever be under any liability whatsoever to the Shipper, Consignee or owner of the cargo or to any Holder of this Bill of Lading for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, but without prejudice to the generality of the foregoing provisions in this Clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the Carrier acting as aforesaid and for the purpose of all the foregoing provisions of this Clause the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agent from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract in or evidenced by this Bill of Lading.

The Carrier shall be entitled to be paid by the Shipper, Consignee, owner of the cargo and/or Holder of this Bill of Lading (who shall be jointly and severally liable to the Carrier therefor) on demand any sum recovered or recoverable by either such Shipper, Consignee, owner of the cargo and/or Holder of this Bill of Lading or any other from such servant or agent of the Carrier for any such loss, damage, delay or otherwise.

For particulars of cargo, freight, destination etc., see overleaf.

IMLAM 2020 v1 12.19 48

HEMA JANARTHANAN From: Ralph Conceicao <[email protected]> To: Hema Janarthanan <[email protected]>; GE SHIPPING <[email protected]> Date: 7 July 2018, 11:15 AM Subject: RE: PATTON charter - l/port demurrage Ms Hema, Load port demurrage invoice attached for your immediate action pls. Tks. Regards, Ralph Ralph Conceicao Senior broker, Far East, Tankers Starlight Brokers LLC

IMLAM 2020 v1 12.19 49

MT PATTON V. 185

Laytime/Demurrage calculation – Load port - DIANTHUS

Laytime allowed 28 HRS FAP SHINC

Demurrage USD 8,500 PDPR

NOR tendered 2130/28 Jun

Laytime commenced 0630/29 Jun

Laytime completed 1030/30 Jun

Loading completed 0330/4 Jul

Time on demurrage 3 days, 17 hours (3.7083 days)

Load port demurrage 8,500 x 3.7083 = 31,520.55

IMLAM 2020 v1 12.19 50

MV/SS/MT PATTON Voy No. 185

Port Dianthus

Date Time Details28-Jun-18 2000 EOSP

2130 Dropped anchor/NOR Tendered, Vessel awaiting berth30-Jun-18 0940 Anchor aweigh

0950 POB1155 Tugs made fast FWD & AFT1248 All fast p/side alongside 4+21250 Tugs cast off1254 Pilot off, Ships gangway down1300 Agent & Immigration on board1320 Immigration clear1330 Loading Master & Cargo surveyor on board1335 Commenced tank inspection1400 Tank inspection complete - dry tank certification1430 Cargo hose connection interrupted by shore request

02-Jul-18 0830 Cargo hose connected, waiting shore readiness0906 Commenced loading1405 Stopped loading, shore request1435 Cargo hose disconnected1525 POB1545 Tugs made fast FWD & AFT1555 All clear from berth1610 Arrived Anchorage 'A', 1645 Dropped anchor, await port instruction

03-Jul-18 0836 Anchor aweigh0959 POB1046 Tugs made fast FWD & AFT1145 All fast p/side alongside 4+21148 Tugs cast off1153 Pilot off, Ships gangway down1300 Loading Master & Cargo surveyor on board1430 Tank inspection complete1505 Cargo hose connected 1525 Loading resumed

04-Jul-18 0128 Loading completed0200 Cargo surveyor on board0210 Commenced ullaging, guaging and sampling0300 Sampling, cargo cacluation completed0330 Cargo hose disconnected0705 Cargo documents on board0754 POB0800 Agent & Immigration on board0815 Agent & Immigration away0825 Tugs made fast FWD & AFT0837 All clear from berth0940 Pilot away1010 COSP

SIGNED Capt. A. AguilarMaster, MT PATTON

04-Jul-18

Statement of Fact

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Date: 7 July 2018

DEMURRAGE INVOICE

Description MT PATTON, V 185 Load port demurrage per charterparty dd 1 June 2018 (SOF and summary attached)

USD

31,520.55




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HEMA JANARTHANAN From: Ralph Conceicao <[email protected]> To: Hema Janarthanan <[email protected]>; GE_SHIPPING <[email protected]> Date: 5 July 2018, 10:49 PM Subject: RE: PATTON charter Ms Hema, Owners advise change in account details for freight. Revised invoice attached for prompt action. Tks. Regards, Ralph Ralph Conceicao Senior broker, Far East, Tankers Starlight Brokers LLC

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Date: 5 July 2018

FREIGHT INVOICE

Description MT PATTON, V 185 Remaining 50% freight per charterparty dd 1 June 2018

USD

117,500.00




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Date: 5 July 2018

FREIGHT INVOICE

Description MT PATTON, V 185 Remaining 50% freight per charterparty dd 1 June 2018

USD

117,500.00


Please make payment within five days of invoice to:

ACCOUNT NAME: MONTGOMERY SHIPPING ACCOUNT NUMBER: 778-813-988 (USD) BENEFICIARY BANK: ST CATHERINE’S BANK BANK ADDRESS: 14 SWITCHLANE COVE BALVENUE BV-445998, ASTILBE SWIFT CODE: STCBAST

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HEMA JANARTHANAN From: Hema Janarthanan <[email protected]> To: Operations <[email protected]>; Cc: Accounts Payable <[email protected]> Date: 6 July 2018, 9:35 AM Subject: RE: MT PATTON freight

Hello Samantha

Rev freight invoice on PATTON charter.

I don’t think you have placed the orig invoice on the payment run yet. Please amend to reflect new account details and pay.

Tks

Hema

From: Hema Janarthanan [email protected] To: Operations <[email protected]>; Cc: Accounts Payable <[email protected]> Date: 5 July 2018, 5:16 PM Subject: MT PATTON freight

Hello Samantha

Final 2nd Freight invoice on PATTON charter. Pls pay.

Tks

Hema

From: Hema Janarthanan [email protected] To: Operations <[email protected]>; Cc: Accounts Payable <[email protected]> Date: 29 June 2018, 1:05 PM Subject: MT PATTON freight

Hello Samantha

Freight invoice on PATTON charter. Pls pay.

Tks

Hema

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From: Master MT PATTON <[email protected]> To: [email protected]; [email protected] Date: 9 July 2018, 2:25 PM Subject: URGENT: PATTON M/E failure Dear Sirs Report M/E Failure. Per chtrs incident report format:

1. 9 July 2018, 1400 hours, Midway Sea 2. No t/p vsl 3. Cargo 5,156 mt base oil, bunkers details to follow 4. M/E failure, unable to restart 5. Crew, vsl, cargo all safe, aux engines and anchors operational 6. No injury, damage

Chief Engineer trying to re-start engine. Request tug assistance. Current speed 0.7-1.0 kts (from current). Course 269 degrees, 2-2.5 m swell, rolling abt 10-12 degrees. Wind 15-18kts ESE, distance to reef Dowding Reef approx.. 248 nm (6 days approx. on current speed/course). Tug assistance asap required. O/w vessel have risk of GROUDING. Weather forecast ok. Will notify RCC Acacia. Brgds, Capt A Aguilar

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From: Master MT PATTON <[email protected]> To: [email protected]; [email protected] Date: 9 July 2018, 4:20 PM Subject: URGENT: PATTON M/E failure Dear Sir From Chief Engineer it seems we will not be able to start M/e again today. Will keep trying (we have successfully restarting a number of times on this voyage), but may need spares. Request tug assistance or delivery of spares – itemised list to follow. Current speed 0.7-1.0 kts (from current). Course 269 degrees, 2-2.5 m swell, rolling abt 10-12 degrees. Wind 15-18kts ESE, distance to reef Dowding Reef approx.. 248 nm (on current speed, est 9-10 days). Tug assistance required. O/w vessel have risk of GROUDING. Weather forecast ok. Aux gen available – mgo Anchors available and operational Brgds, Capt A Aguilar From: Master MT PATTON <[email protected]> To: [email protected] CC: [email protected]; [email protected] Date: July 9, 2018 4:02 PM Subject: URGENT: PATTON M/E breakdown Dear Sir, Good Day, A. YOUR PRESENT POSITION ----- Lat: 09 55.93 S Long: 135 34.57 E B. EXACT NATURE OF PROBLEMS BEING EXPERIENCED ---M/ENGINE FAILURE, SUSPECTED OFF-SPEC BUNKERS C. ESTIMATED TIME UNTIL REPAIRS COMPLETED--- Awaiting instruction from Owner D. DIRECTION AND RATE OF DRIFT ---- North Westerly per one hour 0,8 nm E. ANY DANGERS TO NAVIGATION IN YOUR IMMEDIATE VICINITY OR EXPECTED DURING THE TIME IT TAKES TO EFFECT REPAIRS No any dangerous to navigation, Situation serious if come close distance to shore (current estimate 9-10 days) F. OPERATIONAL STATUS OF ANCHORS---- Ready for operation , 3. IF YOU ESTIMATE A PROLONGED PERIOD OF TIME TO COMPLETE REPAIRS, REQUEST ADVISE WHAT CONTINGENCY PLANS ARE TO BE IMPLEMENTED IN ASSOCIATION WITH THE VESSEL'S OWNER/AGENT TO ENSURE THE SAFETY OF YOUR VESSEL.

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Awaiting from owner instruction, 4. REQUEST ADVISE ALL COMMUNICATION DETAILS FOR YOUR VESSEL. Email : [email protected] Sat Phone: + 5. REQUEST ADVISE SHORE BASED POINT OF CONTACT (OWNER/AGENT). Fleet Manager : Mr Matthias Klausenberg E mail : [email protected] Mob Phone: + 6. PLEASE ACKNOWLEDGE RECEIPT OF THIS MESSAGE TO RCC ACACIA VIA TELEPHONE OR INMARSAT OR EMAIL: [email protected]. Best regards, Capt. Alberto Aguilar Master, MT PATTON -----Original Message----- From: rccACA [mailto: [email protected] ] Sent: July 9, 2018 3:32 PM To: PATTON Master Subject: 2018/5432 - BREAKDOWN INFORMATION REQUEST R 1510 JUL 18 FM RCC ACACIA TO MASTER M.T.PATTON BT SUBJ: 2018/5432 - BREAKDOWN INFORMATION REQUEST ACASAR 2018/5432 1. YOUR MESSAGE 1500/9 UTC RECEIVED AND ACKNOWLEDGED. 2. REQUEST ADVISE THE FOLLOWING AS SOON AS POSSIBLE: A. YOUR PRESENT POSITION B. EXACT NATURE OF PROBLEMS BEING EXPERIENCED C. ESTIMATED TIME UNTIL REPAIRS COMPLETED D. DIRECTION AND RATE OF DRIFT E. ANY DANGERS TO NAVIGATION IN YOUR IMMEDIATE VICINITY OR EXPECTED DURING THE TIME IT TAKES TO EFFECT REPAIRS F. OPERATIONAL STATUS OF ANCHORS 3. IF YOU ESTIMATE A PROLONGED PERIOD OF TIME TO COMPLETE REPAIRS, REQUEST ADVISE WHAT CONTINGENCY PLANS ARE TO BE IMPLEMENTED IN ASSOCIATION WITH THE VESSEL'S OWNER/AGENT TO ENSURE THE SAFETY OF YOUR VESSEL. 4. REQUEST ADVISE ALL COMMUNICATION DETAILS FOR YOUR VESSEL.

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5. REQUEST ADVISE SHORE BASED POINT OF CONTACT (OWNER/AGENT). 6. PLEASE ACKNOWLEDGE RECEIPT OF THIS MESSAGE TO RCC ACACIA VIA TELEPHONE OR INMARSAT OR EMAIL: [email protected]. REGARDS RCC ACACIA BT

Capt Alberto Aguilar Master, MT PATTON

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Matthias Klausenberg From: Dmitry Salenko <[email protected]> To: Matthias Klausenberg [email protected]; Operations <[email protected]> Date: 9 July 2018, 5:30 PM Subject: RE: MT PATTON M/E failure

Matthias,

Per Mstr calculations, on current drift speed and course agw, tow line connection best case 4.5 days. Location will be approximately 1350nm north of Acacia and about 1700nm SE of Freesia.

Per Chief Engineer, repairs possible afloat. Checked both ports and facilities available at both. Per preliminary quotes, repairs at Acacia about 50% cheaper.

My recommendation is repair at Acacia and make way under own power to Freesia. Also save nearly 1 day’s towage cost and demob from Acacia is lower.

Shorter towage time to destination also reduces risk to vsl, crew cargo. Additional voyage time wont affect cargo, which is quite stable.

Cheers

Dmitry Salenko

Ops Superintendent

Montgomery Shipping Co

From: Matthias Klausenberg [email protected] To: Operations <[email protected]> Cc: Dmitry Salenko <[email protected] > Date: 9 July 2018, 4:30 PM Subject: MT PATTON M/E failure

Dimi

Ref conversation, please can you make enquiries with Capt and port agents and advise preference for destination of tow – Freesia or Acacia.

Rgds

Matthias

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Matthias Klausenberg From: Femi Segar <[email protected]> To: Matthias Klausenberg [email protected] Cc: Towage <[email protected]> Date: 9 July 2018, 10:04 PM Subject: RE: MT PATTON

Dear Matthias, Pleased to advise owners have no further comments. Clean execution version attached for signature. Kind regards

Femi Segar

Director, Offshore, Starlight Brokers LLC

From: Matthias Klausenberg [email protected] To: Femi Segar <[email protected]> Cc: Towage <[email protected]> Date: 9 July 2018, 9:12 PM Subject: RE: MT PATTON

Femi,

Draft in order. Kind regards Matthias From: Femi Segar <[email protected]> To: Matthias Klausenberg [email protected] Cc: Towage <[email protected]> Date: 9 July 2018, 8:47 PM Subject: RE: MT PATTON

We have received the following from Dieppe :- //Q u o t e// Thanks for the below, all clear and we look forward to the draft contract (Clean Towhire) for the final fixture. In the meantime the Master of Magnanimous SK has been instructed to prepare for an earliest departure at high speed. I will instruct our Ops. team to also set the wheel in motion for the actual outward clearance formalities. //U n q u o t e//

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The draft towage Agreement is attached. We believe that this constitutes the Agreement reached, with some logical wording for your consideration. We await comments / acceptance in writing by return once you have reviewed same, and in order to make any necessary amendments and move towards issuing an original Agreement for signature. Trust to have your understanding.

Kind regards

Femi Segar



Femi,

1)Please find attached the Q88 for Patton showing the owner ship.

2)Hiring Chartered Party of the tug :

MONTGOMERY SHIPPING CO LTD LVL 42-05, 56 MARMION WAY ATHERIUM CITY 2160, ATHERIUM

3) P & I is Shipowners Mutual.

Please revert with draft contract and best time for arrival vessel and ETA Acacia.

Best regards

Matthias

From: Femi Segar <[email protected]> To: Matthias Klausenberg [email protected] Cc: Towage <[email protected]> Date: 9 July 2018, 7:25 PM

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Subject: RE: MT PATTON

Matthias, thanks for the below, should we confirm this fixture to Dieppe, is that what you are suggesting? I don’t want to confirm the job to them and then have to stop it so would like to get it right. That being the case, you’d ask the tug to proceed at the fastest possible speed, weather permitting, is that correct?

We will need to know the name of the Hirer, full street address

Also name of the registered owner of the ship

Name of the P&I Club.

Kind regards

Femi Segar



Dear Femi,

I feel more comfortable to use Dieppe Mob at High speed option.

After internal consultation, we decided destination Acacia.

With all concerned in cc please proceed with the official contract.

Best regards

Matthias

From: Femi Segar <[email protected]> To: Matthias Klausenberg [email protected] Cc: Towage <[email protected]> Date: 9 July 2018, 6:52 PM Subject: RE: MT PATTON

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Matthias, per telecon, to give you an idea of what the cost could be, as broker we calculate as follows, these are our calculations but using Dieppe Offshore’s figures.

Dieppe – Magnanimous SK

Mob at eco

7 days hire @ US$18,000 = US$126,000 (Mob)

7 days fuel @ 35T x US$450 (mid range) = US$110,250

9 days hire @ US$18,000 = US$162,000 (Tow)

9 days fuel @ 38T x US$450 = US$153,900

Demob US$75,000

Total US$627,150

Mob at High speed

5.5 days @ US$18,000 = US$99,000 (Mob)

5.5 days fuel @55T x US450 = US$136,125


9 days fuel @ 38T x US$450 = US$153,900

Demob US$75,000

Total US$US$626,025

Busby – Busby Maiden

Mob at eco

7 days hire @ US$28,000 = US$196,000 (Mob)


Demob US$60,000

Total US$508,000

You can see that the advantage lies with Dieppe on time by using the high speed mob and the 9 days is based on 8 knots towing speed which under normal circumstances for the “Magnanimous SK” is achievable, in fact if the “Patton” is capable, she can and will tow her quicker.

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The Busby Maiden option is somewhat comparable and would be cheaper if you had the luxury of time. We have asked Busby about fuel status and time line to depart, they believe that have sufficient fuel aboard for an economical performance (although it’s only about 600 tons, which we as brokers think is a bit light), they have said that they can depart in 6 hours after confirmation. They can’t offer you the speeds of the “Magnanimous SK” and if limited on fuel ROB they might have to be economical at the tow speed too.

Meantime Degama Marine just reverted.

They say that they have solved the crewing issue and they can get the necessary additional crew aboard tomorrow. The tug could be ready for departure tomorrow evening from Nepeta, but they have to bunker her first. This can be done tomorrow they say, against a quick decision. I have asked about advanced payment which they have said is not required, but I wonder when the contract goes in front of the MD whether there could be a wobble and they seek an advance hire, just a gut feeling on our part.

They offer, which we have only been given verbally, as follows

Behalf Degama Marine, Nepeta

Ø Basis “Vasco Magic” 190 TBP

Ø Delivery Nepeta, anchored offshore

Ø Redelivery Nepeta, anchored offshore

Ø Daily hire US Dollars 51,500.00 per day, net to owners (excludes all consumables and any taxes)

Ø Hire commences prior to bunker operation starting as they have to come into port

Ø Inward/outward clearances at Nepeta / Acacia are A/C Hirer

Ø Bimco “Supplytime 2017” NCFS clause

Ø Any IMS cleaning, if applicable, A/C Hirer

Ø Subject available / details

FYG, consumptions

Eco speed 8/9 Knots 13-14m3 per day

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Towing 35-40m3 per day

High speed mob (13 K) 30-40m3 per day

Fuel cost $1,000 per m3

Mob at eco

2.5 days hire @ $51,500 = $128,750 (Mob)

2.5 days fuel @ 14m3 x $1000 = $35,000

9 days hire @ $51,500 = $463,500 (Tow)

9 days fuel @ 37.5m3 x $1000 = $337,000

7 days hire @ $360,000 (demob)

7 days fuel @ 14m3 x $1000 = $98,000

Total ALD$1,422,250.00 (Approx US$963,000)

Mob at high speed

1.5 days hire @ $51,500 = US$77,250 (Mob)

1.5 days fuel @ 35m3 x $1000 = US$52,500

9 days hire @ $51,500 = US$463,500 (Tow)

9 days fuel @ 37.5m3 x US$1000 = US$337,000

7 days hire @ $360,000 (demob)

7 days fuel @ 14m3 x $1000 = AUS$98,000

Total ALD$1,388,250.00 (Approx US$936,000)

So as you will see, whilst Degama can clearly get to the “Patton” quickest of all, their charges are massive by comparison.

+++

We leave the decision to you, but we believe the “Magnanimous SK” remains the best all round offer.

Kind regards

Femi Segar


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Matthias Klausenberg From: Carles Leahy <[email protected]> To: Matthias Klausenberg <[email protected]>; Ralph Conceicao [email protected]; <[email protected]> Date: 10 July 2018, 00:12 AM Subject: RE: MT PATTON V 185 Matthias/Carles Ref yr eml below. All noted. Why can’t you tow direct to Freesia? Per legal advice, we reserve chtrs’ rights. Brgds Carles Leahy Operations Manager GE Shipping From: Matthias Klausenberg <[email protected]> To: Carles Leahy <[email protected]>; Ralph Conceicao <[email protected]>; Hema Janarthanan <[email protected]> Date: 9 July 2018, 11:58 PM Subject: MT PATTON V 185 Dear Carles Ref Mstr’s latest report. We have engaged Messrs Dieppe Offshore for their good ship Magnanimous SK to be mobilised asap from Aquilegia for high-speed steaming to our old lady Patton. Approx. mob time is 5.5 days on departing Aquilegia tomorrow 10 July. After tow connection established, set will head for anchorage at Acacia for immediate repairs. We are currently gathering quotes and lining up contractors for the repairs. Per C/Eng advice, the repairs can be completed within a 3-4 days and agw we will be on our way Freesia on own power. Kind regards Matthias Klausenberg General Manager, Fleet Operations Montgomery Shipping Co Ltd

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DIEPPE OFFSHORE INC

1 St Catherine’s Way, Aquilegia

To: Montgomery Shipping Co Ltd Lvl 42-05, 56 Marmion Way Atherium City

Date: 31 July 2018

INVOICE

Description Per Towhire dd 9 July 2018 Hire 12.5 days US$18,000 p.d Fuel 589 mt x $450/mt Demobilisation $75,000

USD

225,000.00

265,050.00

$75,000.00


Please make payment within five (5) banking days of invoice

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Matthias Klausenberg From: Matthias Klausenberg <[email protected]> To: Carles Leahy <[email protected]>; Ralph Conceicao <[email protected]> Date: 16 July 2018, 7:00 PM Subject: URGENT MT PATTON V 185 – PIRACY ATTACK Dear Carles Fyi, per Master’s report as sent from tug, MAGNANIMOUS SK Report Piracy attack. Per chtrs incident report format:

1. 15 July 2018, 2345 hours, Midway Sea, apprx 50 miles S Narnia Islands 2. Unidentified vessels 3. Cargo – part stolen – ascertaining qty 4. Pirate attack – minor vsl dmg, comms damaged, cargo stolen, ship’s

euiqpment and personal belongings stolen 5. CG on board, assistance provided by Magnanimous SK crew, tow to

continue to Acacia, CG escort 6. Minor injuries to crew

Further reports in due course. Kind regards Matthias Klausenberg General Manager, Fleet Operations Montgomery Shipping Co Ltd

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Matthias Klausenberg From: Carles Leahy <[email protected]> To: Matthias Klausenberg <[email protected]>; Ralph Conceicao <[email protected]> Date: 2 August 2018, 11:07 AM Subject: RE: MT PATTON V 185 – GA DECLARATION Matthias/Carles Ref yr eml below. We deny liability in GA or at all. Furthermore yr proposed apportionment does not take into account that about 25% of the cargo had been stolen, and should therefore not count towards cargo value. Vsl was unseaworthy, or otherwise there was no immediate threat to vessel and cargo. Furthermore, decision to tow to Acacia is not reasonable as tow to Freesia would have been more viable. Regret to advise, your offer is therefore rejected. We will have to claim for cargo shortfall, and any damage on discharge. Brgds From: Matthias Klausenberg <[email protected]> To: Carles Leahy <[email protected]>; Ralph Conceicao <[email protected]> Date: 1 August 2018, 10:48 PM Subject: MT PATTON V 185 – GA DECLARATION Dear Carles fyi As per attached, Towage cost - $565,000* Agency fees - $22,750 (incl launch hire)* Survey fees - $15,000 (H&M, P&I, class)* Port tariff - $75,000* Repair costs M/E – $42,500* Piracy dmg - $47,000 Additional bunkers Acacia - $73,710* Total $840,960 If we can agree on GA expense and apportionment, propose not to appoint GA adjuster. Ship + bunkers value - $7,750,000 (71.3%) Cargo value - $3,119,380 (28.7%) GA expenses total incurred by ship $793,960 (sums marked with asterisk) Ship’s share $566,093.48 Cargo share $227,866.52 Are you in a position to agree?

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Kind regards Matthias Klausenberg General Manager, Fleet Operations Montgomery Shipping Co Ltd From: Matthias Klausenberg <[email protected]> To: Carles Leahy <[email protected]>; Ralph Conceicao <[email protected]> Date: 28 July 2018, 10:48 PM Subject: MT PATTON V 185 – GA DECLARATION Dear Carles Per Mstr’s latest report, repairs all completed and vsl will set off at first light subject to port clearance. Kind regards Matthias Klausenberg General Manager, Fleet Operations Montgomery Shipping Co Ltd From: Matthias Klausenberg <[email protected]> To: Carles Leahy <[email protected]>; Ralph Conceicao <[email protected]> Date: 23 July 2018, 7:25 PM Subject: MT PATTON V 185 – GA DECLARATION Dear Carles All received, with thanks. Acacia is closer and the longer time spent at sea under tow, the greater the risk to crew, cargo, vessel. Per Mstr’s latest report, vsl arrived safely at working anchorage at Acacia and dropped anchor. Repairs expected to commence tomorrow. Kind regards Matthias Klausenberg General Manager, Fleet Operations Montgomery Shipping Co Ltd From: Carles Leahy <[email protected]> To: Matthias Klausenberg <[email protected]>; Ralph Conceicao <[email protected]> Date: 23 July 2018, 3:15 PM Subject: RE: MT PATTON V 185 – GA DECLARATION Matthias/Carles Ref yr eml below. GA bond & gtee attached, w commercial invoice. Cargo still owned by GEF. w/p to GEF’s right to contest GA expenses, in nature and amount.

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Brgds From: Matthias Klausenberg <[email protected]> To: Carles Leahy <[email protected]>; Ralph Conceicao <[email protected]> Date: 17 July 2018, 11:02 AM Subject: MT PATTON V 185 – GA DECLARATION Dear Carles Ref Mstr’s latest daily report. Tow connection successfully established and vsl under tow by MAGNANIMOUS SK to nearest port, Acacia, for inspection and temporary repairs. Under Coast Guard escort. We will incur expenses for towing, inspections, repairs, and additional fuel for transit to disport Freesia from Acacia. We declare GA today, 17 July 2018. Kindly provide Chtrs average bond and guarantee, commercial invoice for cargo. Adjustment will be made per CP dd 1 June 2018. Kind regards Matthias Klausenberg General Manager, Fleet Operations Montgomery Shipping Co Ltd

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GENERAL AVERAGE BOND

To: Patton-1 SPV Inc / Montgomery Shipping Co Ltd

Owners / demise charterers of M.T PATTON (Panama, IMO 211 511)

Port of shipment: Dianthus, Gazania

Port of discharge: Freesia, Alyssum

Bill of lading number: 2018.185.DIAN-FRE001

Description of goods: 5,156 mt MBGF 500 Base Oil

Invoice: attached

In consideration of the delivery to us or to our order, on payment of the freight due, of the goods noted above, we agree to pay the proper proportion of any salvage and/or general average and/or special charges which may hereafter be ascertained to be due from the goods or the shippers or owners thereof under an adjustment prepared in accordance with the provisions of the contract of affreightment governing the carriage of the goods or, failing any such provision, in accordance with the law and practice of the place where the common maritime adventure ended and which is payable in respect of the goods by the shippers or owners hereof.

We also agree:

(i) to furnish particulars of the value of the goods, supported by a copy of the commercial invoice rendered by or to us or, if there is no such invoice, details of the shipped value;

(ii) to make a payment on account of such sum as is duly certified by the average adjusters to be properly due from the goods and which is payable in respect of the goods by the shipper or owners thereof;

(iii) that any period of prescription whether provided by statute, contract or other law, shall commence to run from the date upon which the general average adjustment is issued.

SHIPPER/RECEIVER OF GOODS: Greater Earth Fuels International Ltd

ADDRESS: 17 Augustus Boulevard, Brote Business District

Gazania 19-AG-86

TELEPHONE: + 000 215 769 55

EMAIL: [email protected]

SIGNED: C Leahy DATE: 20 July 2018

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GENERAL AVERAGE GUARANTEE

To: Patton-1 SPV Inc / Montgomery Shipping Co Ltd

Owners / demise charterers of M.T PATTON (Panama, IMO 211 511)

And other parties to the adventure as their interests may appear

Vessel: M.T PATTON (Panama, IMO 211 511)

Casualty and date: Main engine failure/Pirate attack, Midway Sea, 9 July 2018

In consideration of the delivery in due course of the goods specified below to the consignees thereof without collection of a deposit, we, the undersigned insurers, hereby undertake to pay to the shipowners or to the Average Adjusters, on behalf of the various parties to the adventure as their interests may appear, any General Average and/or Salvage and/or Special Charges which may hereafter be ascertained to be properly due in respect of the said goods by our assured party(ies).

We further agree:

(i) to make prompt payment(s) on account of such contribution as may be reasonably and properly due in respect of the said goods as soon as the same may be certified by the said Average Adjusters;

(ii) to furnish to the said Average Adjusters at their request all information which is available to us in relation to the value and condition of the said goods;

(iii) that any period of prescription whether provided by statute, contract or other law, shall commence to run from the date upon which the general average adjustment is issued

Port of loading: Dianthus, Gazania

Port of discharge: Freesia, Alyssum

Bill of lading number: 2018.185.DIAN-FRE001

Description of goods: 5,156 mt MBGF 500 Base Oil

Insured value: per invoice attached

Policy ref: 2015/GEFCL/CG-2018.V185

Assured party: Greater Earth Fuels International Ltd, or assign

INSURER(S): Greater Midway Insurance Association ADDRESS: 15 Callum Place, Brote Business District Gazania 19-AG-86 TELEPHONE: + 000 215 885 24 EMAIL: [email protected] SIGNED: Constance Lee DATE: 22 July 2018

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Greater Earth Fuels International Limited LVL 42-05, 56 MARMION WAY, ATHERIUM CITY 2160

To: Prontoslip Services Ltd 1 Santa Martha Ave, Freesia, FR 177890, Alyssum

Date: 4 July 2018

INVOICE

Description

MBGF Base Oil

5,156 Mt

CIF $605.00/tonne

USD

3,119,380.00

TOTAL PAYABLE (USD)

3,119,380.00

Please make payment within five (5) banking days of invoice:

Payment details overleaf.

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CM Surveyors – Survey Report Date : 29 July 2018

THIS IS TO CERTIFY

that on behalf of Owner’s P&I interests concerned, survey has been held on the steel built, motor tanker vessel

“PATTON” of PANAMA

whilst lying afloat at the working anchorage, Acacia, Goldland, for the purpose of ascertaining the cause, nature and extent of damage alleged to have been sustained under the following circumstances: DATE AND NATURE OF CASUALTY:- 9 JULY 2018 - DAMAGE TO/FAILURE OF MAIN ENGINE On the 4 July the vessel sailed from Dianthus, Gazania, carrying some 5,156mt of base oil cargo bound for Freesia, Alyssum. But on 8 July, while crossing the Midway Sea, problems were experienced with the main engine and at around 1430 on 9 July the main engine of the subject vessel suffered a blackout, and was unable to be restarted. While awaiting a rescue tow, the vessel was the subject of a pirate attack. The rescue tug, MAGNANIMOUS SK arrived on 16 July 2018, after which a tow connection was established and the vessel towed to Acacia for inspections and temporary repairs. On 24 July 2018 the owner’s service engineers are reported to have gone on board the vessel at Acacia to assist the ship’s staff with rectifying the problems. The allegation made by the vessel’s superintendent at the time of our attendance was that poor bunker fuel quality was suspected to have been the cause of damage.

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1.0 BACKGROUND 1.1 The subject vessel at the time of survey was chartered by Greater Earth Fuels and engaged on a direct voyage from Dianthus to Freesia. 1.2 We are informed that following the bunkering of a 120 metric tonne stem of marine fuel oil (MFO) at Port Whynne, Lilium, on 18 June 2018, subsequent analysis reported that this fuel by CHEM LAB was believed to be contaminated with ULO (used lubricating oil). At the time of discovery, we are led to believe that the contractual 7-day notification period for informing the bunker suppliers had passed and the fuel was subsequently consumed by the vessel’s Diesel engines. 1.3 Following the consumption of the subject fuel, the vessel suffered a failure on 8 July 2018 with what was thought to be main engine problems relating to the Port Whynne bunker stem. The engine was subsequently re-started, but at around 1400 hours on 9 July, the engine failed once again, and despite efforts of the Chief Engineer, it was unable to be re-started. 2.0 VESSEL PARTICULARS 2.1 The vessel is propelled by a MAN B&W 6L35MC Mark6, 3,111KW marine Diesel engine, which drives a fixed pitch propeller. This engine is designed to run on grade RMG 380 Centistokes marine fuel oil. 3.0 ATTENDANCE 3.1 We were instructed by the local correspondents for the owners’ P&I Club on 17 July 2018 to travel to Port Acacia and perform a survey to determine the nature, extent and cause of damage sustained to the vessel’s machinery and report thereafter. 3.2 We arrived at Port Acacia on 24 July 2018 and conducted the survey on 25 July 2018.

3.3 INTERVIEW WITH SUPERINTENDENTS 3.3.1 A general discussion with the vessel’s technical manager and superintendent, shortly after our arrival on board, revealed that the vessel had allegedly experienced problems with purifiers producing high levels of sludge around 6 July 2018 following the bunkering of a stem of fuel that had been bunkered at Port Whynne on 18 June 2018. We were informed that at the time of bunkering this fuel had been dispatched to CHEM LAB and subsequently reported to have been a

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high risk fuel with evidence present indicating that used lubricating oil may have been present in the fuel. 3.3.2 At Acacia on 24 July 2018, the main engine No. 1 and 3 cylinder units were opened up for inspection. The associated cylinder liner for both units were found to be severely cracked, with 8-9mm of wear and a number of piston rings broken. 3.4 INSPECTION OF DAMAGE 3.4.1 Our inspection of the engine room and the damaged components between 1230 and 1530 hours revealed that work was in progress on three main engine cylinder units No.1, 3 and 5. 3.4.2 Following our inspection of the damaged main engine parts, we were directed to the workshop, where we were able to examine a number of fuel valve and fuel pump damaged parts. Departing the workshop, we were shown to one of the starboard main Diesel generators where we were given the opportunity to inspect the single forward cylinder unit from which a piston had been removed to reveal the cylinder liner for inspection. 3.4.3 On completion of the Diesel generator engine inspection, we proceeded to the engine control room where we requested a check of the bunker oil samples which were held on board. The crew duly produced these and we were able to record the data from the two samples (ship’s and IOPP) of the bunker fuel which was reported to have caused the damage. 3.4.4 At this point having completed as much of the inspection we were permitted to, we departed the vessel at 1605 hours that day. 4.0 FINDINGS 4.1.1 Inspection of the No.1 cylinder unit At the time of our inspection, the main engine No.1 cylinder unit was found to have the cylinder head removed, but the piston still fitted.

• The exhaust manifold entry was slightly wet with lubricating oil. • The piston crown was dry, with no obvious physical damage in way of crown burning or

erosion. There appeared to be little in way of carbon build up on the top of the piston crown.

• The wear ridge at the top of the cylinder liner corresponding with the piston stroke was significant and estimated to be approximately 4mm deep over the full circumference of the liner, giving an estimated total increase in bore in this area of approximately 8 mm.

• The liner surface was slightly wet with lubricating oil and un-cleaned.

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• The cylinder oil lubricating grooves were seen to be heavily worn and sharp edges had developed as a result of the apparent wear.

• The liner surface over its piston stroke area was very lightly pitted. • There was a wear ridge at the bottom of the cylinder liner corresponding with the piston

stroke and lower piston rings which was estimated to be some 1-2 mm deep. • The liner was smooth to the touch, polished with some light vertical scratching.

We were informed that some, but not all, of the piston rings had been found broken. This liner was in a poor condition. 4.1.2 Inspection of the No.3 cylinder unit At the time of inspection, the main engine No.3 cylinder unit was found to have the cylinder head off and the piston removed.

• The wear ridge at the top of the cylinder liner corresponding with the piston stroke was

large and estimated to be approximately 4 mm deep around the full circumference, giving an estimated total increase in bore in this area of 8 mm.

• The exhaust manifold was dry. • The liner surface had been cleaned. • The cylinder oil lubricating grooves were seen to be heavily worn and sharp edges had

developed as a result of the apparent wear. • The scavenge port vertical edges were sharp to the touch as a result of the apparent high

wear. • Examination of the scavenge space condition, through the scavenge ports, revealed it to

be moderately dirty. • The cylinder liner surface over its entire stroke area was very lightly pitted. • There were a moderate number of vertical scuffing scores circumferentially around the

top 100 mm circumference of the liner at the top of the piston stroke area. • There was a wear ridge at the bottom of the cylinder liner corresponding with the piston

stroke which was estimated to be some 1-2 mm deep. • The remainder of the liner surface was smooth to the touch, polished with some light

vertical scratching. • Examination of the piston removed from this unit revealed that there was an excessive

piston ring groove axial clearance as a result of the failure process. We were informed that some, but not all, of the piston rings had been found variously broken. This liner was in poor condition. 4.1.3 Inspection of the No.5 cylinder unit IMLAM 2020 v1 12.19 94

At the time of inspection the main engine the No.5 cylinder unit was found to have the cylinder head and the piston removed.

• The wear ridge at the top of the cylinder liner corresponding with the piston stroke was

significant and estimated to be approximately 4 mm deep the full circumference of the liner, giving an estimated total increase in bore in this area of 8 mm.

• There were a large number of indentations on the upper 400 mm of the liner thought to be caused from knocking of broken piston ring edges on the liner wall.

• In the same 400 mm band there were a number of large blackened areas thought to be as a result of exhaust gas blow past because of broken piston rings.

• The scavenge port vertical edges were sharp to the touch as a result of the wear and the lower edges roughened thought to be as a result of impact from broken piston rings.

• The exhaust manifold was dry of oil. • The cylinder surface had been cleaned. • The cylinder oil lubricating grooves were seen to be heavily worn and sharp edges had

developed as a result of this wear. • The scavenge port vertical edges were sharp to the touch as a result of the wear. • The liner surface over the entire stroke area was very lightly pitted. • There was a wear ridge at the bottom of the cylinder liner corresponding with the piston

stroke which was estimated to be some 1-2 mm deep. • Examination of the scavenge space through the scavenge ports revealed its condition to be

moderately dirty. • Old vertical scuffing scores were seen, but these were not deep. • Light vertical scratching was noted, which was not easily detectable to the touch.

The piston rings removed from the No.5 piston were all reported to have been broken into a significant number of small parts. This cylinder liner was in very poor condition. 4.1.4 Main engine fuel pumps Whilst these were not opened up for physical examination it is reported by the vessel’s chief engineer that fuel leakage past the barrels and plungers was occurring, allegedly due to increased wear. 4.1.5 Fuel valves The fuel valves were in the process of being overhauled on board. It was reported by the vessel’s superintendent that fuel valve testing had showed them to be dripping and not atomising as they were designed to. 4.1.6 Generators IMLAM 2020 v1 12.19 95

As a precautionary measure, the owner’s inspection of one of the four main generator pistons revealed that on that there was increased top piston ring groove axial clearance. The vessel’s superintendent repeated that in his view this wear was as a result of consumption of poor quality fuel.

4.2 CONDITION OF VESSEL

From the limited access we were given to inspect the vessel, we noted that the condition of MT PATTON was consistent with a vessel of that age and type. The engine room was moderately dirty at main engine cylinder head level due to the work which was in progress.

Engineering practice seen during our inspection of the work, we felt was poor, with open uncovered ends of high-pressure fuel pipes lying variously about the engine room in close vicinity to cleaning of parts. Filing and dressing of piston rings was also in progress in close vicinity to stripped fuel valve parts and fuel valve overhauling, which we would view poor workshop practice.

4.3 EXAMINATION OF LOGBOOKS

4.4.1 Preliminary analysis of the main engine pressures, temperatures and other parameters showed that there was little to indicate that the engine was at imminent risk of failure. This is evidenced by the exhaust temperatures not being excessively high (or low), nor was there deviation between the highest and lowest temperatures of any significant amount. Unfortunately, there were no governor fuel settings or load indication readings recorded in the logbook to give us means to compare given loads with turbocharger revolutions, exhaust temperatures and charge air pressures, which are normally key indicators of an engine performance and thereby its condition. However, we can note that in examining the engine data on the randomly selected dates, 12/13 June, 9/10 May and 22/23 April for comparable turbocharger revolutions, the charge air pressure has apparently dropped slightly over the three months running up to the subject failures.

4.4.2 Further examination of the main engine data also appears to indicate that the main engine was running for significant periods of time with scavenge air temperatures below 40 degrees Celcius.

4.4.3 Analysis of the information supplied also shows that the heavy fuel oil temperatures were what one would normally expect for fuel of this viscosity and therefore poor atomisation is possibly not a factor on this occasion.

4.4.4 Cylinder oil usage appears to be normal.

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5.0 DISCUSSION 5.1 GENERAL CONDITION OF DAMAGED PARTS 5.1.1 The damage found on the main engine was regarded as serious damage. All of the cylinder liners inspected 1, 3 and 5 remaining in the engine at the time of our inspection at Port were sufficiently damaged to warrant replacement. 5.1.2 From the limited information provided so far it appears that the most recent occasion, within the year, that the main engine was opened up for a class inspection, only some 1-2 mm of wear had been observed. Recent calibration reports, which will have been performed at the time of recent inspection, if provided will substantiate this fact. 5.1.3 If the above is shown to be the case, then a significant amount of wear damage has recently taken place inside the main engine cylinder units inspected so far, and it remains to be seen if this is the case throughout the remaining five cylinder units. It is important thus to determine whether this damage is consistent throughout all ten cylinder units. 5.1.4 In view of the above, we would suggest that heavy and rapid wear has taken place in the period since the last known inspection and calibrations took place and which appear to have been satisfactory at the time. This rapid wear appears to have developed on both the piston rings and cylinder liners until breakage of piston rings has occurred. As piston ring damage has further developed, poor combustion, blow past and further breakdown of cylinder liner lubrication has occurred resulting in further wear to the piston rings and cylinder liners with cracking of the liners finally resulting. 5.2 ALLEGATION OF POOR FUEL QUALITY 5.2.1 During our inspection, the vessel’s superintendents were very much of the opinion that the damage was attributable to a bunker stem of 120 metric tonne of marine fuel oil (MFO) at Port Whynne, Lilium, on 18 June 2018. 5.2.2 We are led to believe that this fuel once analysed was shown to be off specification. Certainly it is good practice to avoid the use of out of specification fuel at all costs unless there is absolute confidence that damage will not be caused to the machinery consuming it. 5.2.3 From our examination of the analysis report for the fuel bunkered on 18 June 2018 tested by CHEM Laboratory, we note their observations that the fuel exhibited parameters outside the

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ISO8217:2005 standards and had high calcium, phosphorus and zinc content typical of a fuel with used lubrication oils present. This report however stated that the EFN (engine friendliness number) for this fuel was rated at 49 of 100 and as such the fuel quality was rated as average. This would suggest the fuel was acceptable for use given the appropriate remedial shipboard measures were put in place by owners as recommended by CHEM. 5.2.4 The CHEM Laboratory report recommended that any emulsions be drained completely, the engine condition and performance be monitored, continuous purification and recirculation of tank contents take place and after purification checks of oil before use to take place. The actions taken by the vessel’s engineering staff with regards to the above recommendations should have been reported in the vessel’s log books, but there are no records of this testing having taken place. 5.2.5 It remains to be seen if the appropriate cylinder lubricating oils were being used by the vessel during the periods when the low sulphur fuel was being used. This information needs to be made available to verify this point. 5.2.6 Further information is required as to whether the purifiers were being operated and maintained correctly and thus conditioning all fuel correctly and in particular any fuels which specific advice was being given. 5.3 CAUSATION 5.3.1 Having been furnished with little documentary evidence, we should exercise caution at this stage to present a specific cause of damage. 5.3.2 The main causes of such damage to this type of damage generally are many fold and we would categorise as follows:

5.3.2.1 Poor maintenance regime resulting eventually in poor combustion conditions. 5.3.2.2 Running of engine outside manufacturers recommended parameters with regards to

pressures and temperatures. 5.3.2.3 Use of low quality spare parts. 5.3.2.4 Poor lubrication of cylinders due to insufficient quality or quantity of cylinder oil.

5.3.2.5 Poor fuel quality fuel supply to engine or the consumption of fuels not within ISO8217:2005 and therefore not fit for purpose and outside the parameters accepted by manufacturers.

5.3.3 From the information which has been made to us available thus far, we suspect that such rapid wear would likely appear to have been as a result of 5.3.2.2, 4 or 5 of the abovementioned typical causes.

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6.0 CONCLUSIONS 6.1 It is apparent that heavy wear has taken place over a relatively short period of time on this engine and that serious damage has occurred. We are yet to be furnished with information describing the full scale of damage and whether this damage was consistent throughout the main engine. 6.2 Damage of this type is consistent with the use of poor quality fuel. The reported excessive wear of the generator piston top ring groove is significant in that the same fuel is used for the main engines and generators. However, this generator damage may be purely coincidental. 6.3 The allegedly poor quality bunker fuel stem in question was a relatively small amount of fuel consumed over a short period of time and it questionable, although not implausible, that the subject damage could result in this short timescale. 6.4 The CHEM Lab testing the fuel provided the vessel with information indicating the fuel was suitable for burning and provided a number of precautionary measures for the vessel to take in way of ship’s conditioning plant. Should these measures not have been carried out appropriately then damage could have resulted. However there is no evidence that these were or were not carried out. 6.5 Independent imprint tests and metallurgical analysis of the failed cylinder liners and piston rings may be a worthwhile consideration in order to assist in determining the primary failure mode. The engine manufacturer’s advice should be sought with regards to their opinions on possible causes of the aforementioned damages.

Capt. Park Ji-Sung ATTENDING SURVEYOR

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Date : 2 August 2018

FINAL REPORT

MT “PATTON” PIRATE ATTACK ON 15TH JULY 2018

We an independent marine surveyor from Acacia Marine Surveyors, acting in accordance with instructions received from P&I Club, did attend onboard the Panama registered vessel MT “PATTON” whilst she was anchored at Working Anchorage Charlie Acacia, on 24th July 2018 from 1800 hours till 2359 hours to carry out an investigation on the nature, cause and extend of the incident of alleged pirate attack on 15th July 2018.

We report our findings as follows:-

ACACIA MARINE SURVEYORS PTE LTD

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ATTENDANCE ONBOARD

We boarded the vessel MT. “PATTON” on 24th July at 1800 hours and introduced ourselves to the Master and Chief Officer. A brief meeting was held onboard MT “PATTON” with the following parties in attendance in addition to us:-

1. Capt. Aguilar as the Master of MT. “PATTON”2. Chief Officer of MT. “PATTON”3. Chief Engineer of MT. “PATTON”4. Hull & Machinery surveyor.5. DPA/HSSE Manager.6. Class surveyor.

HISTORY & OCCURRENCE

As advised by Master, MT “PATTON” loaded one (1) grade of cargo at GEF Terminal Berth No. 3, Dianthus on 4th July 2018. Details of cargo loaded are as follows:-

Cargo Description :B/L Quantity :Stowage Onboard :Load Port :Discharge Port :

BASE OIL (MBGF 500) 5156 METRIC TONS1 P/S, 2 P/S, 5 P/S, 6 P/S. DIANTHUSFREESIA

After completion of loading, the vessel departed from Dianthus for Freesia on 4th July 2018 at 1010 hours to discharge her cargo.

PIRATE ATTACK

On 15th July 2018, two (2) crewmembers of MT “PATTON”, namely Master and 3rd Officer were on duty on the bridge.

We were informed by Master that at about 2345 hours on 15th July 2018, pirates wearing masks boarded MT “PATTON” armed with AK 47, hand guns and long knives/machetes. Four (4) men captured the 3rd Officer and 2 men captured the Master and forced them to co-operate. Finally, the pirates totalling of about forty (40) boarded the vessel and rounded all the MT. “PATTON” crew members and confined them in the Engine Control Room (ECR). The crew members restrained with their hands tied with the nylon ropes and raffia strings. There were three (3) men guarding them with one gun and one long knife.

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On the same day the pirates took the subject vessel and anchored the vessel at position < 01o 55.11 N / 105o 06.87 E > with the intention to transfer the cargo from MT. “PATTON” to other vessels (unknown name). We noted from our interview with the crew members, all the pirates were masked and based on their language spoken, they are believed to be of Narnia Island origin.

According to the crew members, the illegal transfer was believed to be carried out via Port and Starboard side manifolds marked in Green with 6 hoses as there were signs of oil at these two manifolds.

At 0600 hours on the 16th July 2018, the master and crewmembers sensed there was no movement or pirates’ activities and managed to free themselves from the Engine Control Room. Upon being freed, the Master of MT. “PATTON” instructed the crew members to carry out an inspection on board the vessel to ensure that all the pirates had left the vessel. Soon after checking the vessel, the crew members reported that there were no signs of any pirates remaining on board and the Master immediately took command of MT. “PATTON”.

The crew members started to check their personal belongings and vessel’s equipment and to take stock of what have been stolen or damaged during the pirate attack. Since all the communication equipment onboard the vessel were stolen and damaged by the pirates, Master was only able to send a SOS call to nearby vessel named “MAGNANIMOUS SK” by using one old VHF Channel 16 on the 16th July 2018 at 0915 hours. The "MAGNANIMOUS SK" is an ocean-going tug which was on its way to the MT PATTON for rescue tow because of Main Engine failure reported on 9 July 2018.

Master of “MAGNANIMOUS SK” informed that he had received the message and the matter reported to the Acacian Coast Guards. At 1310 hours, an Acacian Coast Guard patrol craft (NEPTUNE) arrived on the scene to render assistance to the vessel.

On the 16th July 2018 at 1445 hours, Tug. “MAGNANIMOUS SK” arrived at MT. “PATTON” location to tow her to the Acacia Anchorage.

INJURY SUSTAINED BY CREWMEMBERS

NamePosition

: Mr. Mack Anic : 2nd Engineer

Place of Injury : A minor cut on the lips.

Name : Mr. Buzz AwPosition : Electrical OfficerPlace of Injury : Left hand wrist slightly bruised due to wrist tightly tied by pirates with nylon rope

Note: The local agent appointed by Owners had sent them to the Clinic for medical treatment.

STOLEN PERSONAL BELONGING & SHIP’S EQUIPMENTS

We conducted the inspection onboard and details of the damaged, missing/stolen personal belonging and ship’s communication equipment list as follows:-

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VESSEL’S - MISSING/STOLEN ITEMS & EQUIPMENT

Item & Equipment Brand Model Unit LocationGPS - - 1 BRIDGEGMDSS - - 1 BRIDGEVHF DSC - 2 BRIDGEPUBLIC ADDRESSER JRC NVA 1700 MK 11 1 BRIDGEWALKIE TALKIE - - 5 BRIDGEGMDS WALKIE TALKIE - - 5 BRIDGECHARTS - - - BRIDGEDECK LOG BOOK - - 1 BRIDGEGPS LOG BOOK - - 1 BRIDGEACDIC DISC - - 1 BRIDGESATELLITE PHONE - - 1 BRIDGESHIP’S LAPTOP - - 5 BRIDGEPRINTER - - 5 BRIDGEMMC - - 2 DECKHYDRO CARBON DETECTOR NP 237-02 - 2 DECKMULTI GAS DETECTOR GX 07 - 2 BRIDGEPERSONAL GAS DETECTOR GX2002 - 5 BRIDGESAMPLER - - 1 DECKHAND DRILL WITH BATTERYCHARGER

BOSCH - 1 ENGINE ROOM

SHIP’S – DAMAGE ITEMS & EQUIPMENT

Item & Equipment Brand Model Unit LocationRADAR FURUNO MU-190/JMA-

60002 BRIDGE

EMERGENCY PHONE - - 1 BRIDGEAIS FURUNO FA-100 1 BRIDGEANTENNA MF/HF - - 1 MASTCARGO TANK TEMP LEVEL - - 4 DECK

SHIP’S DAMAGE ITEMS & EQUIPMENT AT ENGINE ROOM

Item & Equipment DIAMETER LENGTH UnitM/E AIR STARTING CONTROL PIPE 1/4’ 1 METER EACH 2FUEL INJECTOR F/W COOLING PIPE 1/4' X 50 CM - 3STOP VALVE FOR M/E EXH VALVE COOLING PIPE - SIZE - 5K15 1NO.2 MAIN AIR COMPRESSOR WATER COOLING PIPE 1/2' X 100 CM - 1

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SHIP’S – DAMAGE ITEM & EQUIPMENT AT STEERING GEAR

Item & Equipment DIAMETER LENGTH UnitHYDRAULIC PIPE 1/2’ X 60 CM - 4HYDRAULIC HOSE 1’ X 100 CM - 1PORT & STBD CONTROL BOXES WITH SOLENOIDS FOR HYDRAULIC SYSTEM DAMAGED 2

SHIP’S – DAMAGE ITEM & EQUIPMENT AT FORWARD WINDLASS

Item & Equipment DIAMETER LENGTH UnitHYDRAULIC CONTROL BOX - - 3HYDRAULIC PIPE AND CONNECTING PIECE - - 3Mooring rope was cut 1 roll

CREWS PERSONAL BELONGING - MISSING/STOLEN ITEMS

Crews personal belonging which have gone missing / stolen during the pirate attack have beensummarized and attached herewith this report.

SUMMARY OF CREW PERSONAL BELONGING ITEMS & EQUIPMENTS MISSING/STOLEN

Items UnitHAND PHONE : 29WRIST WATCH : 14LAPTOP : 11OTHER ITEM : 53Total Items : 107Amount : USD 32,346.00

SUMMARY OF SHIP & CREWMEMBERS CASH MONEY STOLEN

Type of Cash AmountSHIP CASH MONEY : USD 7,850.00CREWMEMBERS’ CASHMONEY

: USD 13,152.00

Total In USD : USD 21,002.00

SUMMARY OF GRAND TOTAL AMOUNT

Description AmountSHIP’S EQUIPMENT & ITEMS : USD 32,346.00CASH MONEY : USD 21,002.00Total : USD 53,348.00

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The crew members of MT. “PATTON” were unable to provide any receipt of purchases and were only able to itemize the details of individual belonging stolen by the pirates and were duly acknowledge by the Master of MT. “PATTON”.

DAMAGE TO SHIP’S STRUCTURES

The pirates also damaged the following ship’s structures while they were onboard:

Damage Description Extent of DamageA section of guard rail on Port side bent 170 cm (length)A section of guard rail on Port side forecastle was cut and removed 290 cm (length)1 unit of Bitt for mooring ropes dented on top section

REMAINING CARGO ONBOARD (R.O.B)

During our attendance onboard MT. “PATTON” on 24 July 2018, we carried out tank gauging of cargo tank Nos. 1 P/S, 2 P/S, 5 P/S, 6 P/S jointly with MT. “PATTON” Chief Officer and tabulated as follows:-

Summary:-

a) Total BL Quantity :b) Ship Tanks Received Quantity :c) R.O.B on 18th July 2014 :

5156.000 MTS 5154.897 MTS 3684.824 MTS

Difference ( c - a ) :Difference ( c - b ) :

( -1471.176MTS / 28.53%-1470.073 MTS / 28.52%

The total cargo of MFO hijacked by the pirates from MT. “PATTON” cargo tanks based on our determination derived as :- 1470.073 MTS.

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Inspection & Survey Sdn. Bhd.(Co.Reg. No. 609283-H)

An Independent & International Marine Surveyors

Date Time18th July 2014 1600 hours

“ 1630 hours“ 1700 hours

ENTAL GLORY” “ 1800 hoursORIENTAL GLORY “ 1800 - 2300 hours

“ 1900 - 2000RIENTAL GLORY “ 2359 hours

19th July 2014 0120 hours“ 0200 hours

“This report is issued on a confidential basis for the information only of the company’s solicitors for thepurpose of obtaining legal advice in the proceeding pending threatened or anticipated in this matter”

sia on 07th October 2014.

_________________ Capt. K. Blackbeard Manager

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North

TIME LOG

Occurrences TimeDepart Base 00 hoursArrive Pasir Putih Jetty 30 hoursDepart Pasir Putih Jetty (Perkasa) 00 hoursP&I Club surveyor on board MT. “O 00 hoursMeeting & Inspection onboard MT. - 2300 hoursUllage/Calculation 00 - 2000P&I Club Surveyor disembark MT. “ 59 hoursArrive Pasir Putih Jetty 20 hoursArrived Base 00 hours


Issued at Pasir Gudang, Johor, MIssued at Acacia, Goldland on 2 August 2018.

_________________Capt. K. Sugumaran.Manager

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Northsea Inspection & Survey Sdn. Bhd.(Co.Reg. No. 609283-H)

An Independent & International Marine Surveyors

TIME LOG

Occurrences DateDepart Base 18th July 2014Arrive Pasir Putih Jetty “Depart Pasir Putih Jetty (Perkasa) “P&I Club surveyor on board MT. “ORIENTAL GLORY” “Meeting & Inspection onboard MT. “ORIENTAL GLORY “ 180Ullage/Calculation “P&I Club Surveyor disembark MT. “ORIENTAL GLORY “Arrive Pasir Putih Jetty 19th July 2014Arrived Base “


Issued at Pasir Gudang, Johor, Malaysia on 07th October 2014.

_________________Capt. K. Sugumaran.Manager

Capt Blackbeard

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Trade Vines your indispensable industry news

Greater Earth Fuels announces new bio - marine lubricant

February 5, 2017 Colin Whynanddyne

Greater Earth Fuels, announced the launch of its new bio-based marine lubricant at the Marine Fuels Trade show at Singapore last week.

Said CEO, Platt Etudes, “True to our ethos of developing product solutions that fuel the global economy while minimising environmental impact, we have directed substantial resources to the development of innovative biodegradable marine lubricants that do not compromise on performance. The MGBF line of lube oils is the latest in our innovations.”

Head of product development, Aydonax Gerate, said “Our new MGBF line offers the usual excellent lubricity, high VI and flash points, but unlike a number of bio-based lubricants in the market, has impressive oxidative stability and relatively low pour point, that prolongs their use. We have trialled the product with a number of customers, who have provide excellent reviews. We are thrilled to be bringing this to market.”

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Trade Vine your indispensable industry news

Rise in complaints about marine lube oils from the Midway

August 28, 2018 Gerno Maxwell

At a recent marine fuels conference held in Perth, Western Australia, marine fuels consultant, Jerome Sparkes, reported a growing trend of marine lubricating oils shipped from ports in the far-eastern Midway region showing contamination by water and foreign particles such as metal, and surprisingly, sand dust. “The numbers are still small but we are seeing a growing number of cases that can be traced back to marine lubricants shipped from these countries,” said Sparkes.

Lawyer, Marc Larsakshun, said that each case will have to be assessed on case by case basis and that it is usually hard to identify contamination on loading or discharge of these oil cargoes. “The problem often only manifests in the course of the utilisation of these lube oils and it presents a significant challenge to identify the root cause of such contamination. However, our experience with each such case is beginning to show that these oils are being shipped with problems, an inherent defect if you will.

Greater Earth Fuels, the largest supplier of marine lubricating oils in the far-eastern Midway region said in a statement: ‘We have been made aware of a handful of allegations of foreign particle contamination in marine lube oils originating from the Midway. We are thoroughly investigating the provenance of these allegations, and doing a thorough quality control review.”

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Trade Vine your indispensable industry news

18 Arrested for oil theft and corruption at Greater Earth Fuels terminal

November 23, 2019 Gerno Maxwell

After more than a year’s worth of investigations, Gazanian police have now charged 18 people with theft, corruption and deceit involving the sale and shipment of marine oils from Gazania and neighbouring Lilium.

According to court papers filed in the High Court of Gazania on Monday and seen by Trade Vine, from around May 2017 until around September 2019, the 18 accused were allegedly part of a syndicate that routinely siphoned off quantities of oil, particularly marine lubricating oils, from shore tanks at the Greater Earth oil terminal to be sold separately on the black market. To mask the shortfall in volumes, they allegedly inflated tank volumes by introducing of water or other foreign particles and procured false ‘clean’ sample test results from 2 laboratories, Veritum and Kocha, to avoid any suspicion of customers.

Said Deputy Commissioner Justice Yis-blynd, “The scheme was an elaborate one covering operations in the port of Dianthus, and to some extent Port Whyne in Lilium, Especially because personnel at the oil terminal and the labs were in on it, any subsequent discovery of contamination of the exported oils appears to have been laid at the feet of customers or the ships that carried the oil cargoes.

“We thank the federal police of Lilium for their fantastic cooperation and assistance with our investigation.”

Trade Vine’s own investigations reveal that filtration and decanting processes to treat contaminated marine lubricating oil in Gazania can cost up to 50% of the price of the oil.

Greater Earth Fuels is yet to comment, but Veritum Inspections and Kocha Laboratories have said they have been assisting the police with their enquiries.

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Goldland Times Pirates board Panamanian ship off Narnian Islands and steal cargo 22 July, 2018 Filomena Silverspoon Pirates have boarded a Panamanian shipping vessel off the coast of Narnia Islands in the Midway Sea. The vessel was carrying a type of oil product, and was drifting at the time because of engine problems, owner, Montgomery Shipping said. The crew suffered minor injuries and some of the cargo was stolen. The vessel is currently being towed with Goldland Coast Guard escort to Acacia. The northern Midway Sea was until the end of 2017 a piracy hotspot because of shelter provided to pirate vessels in the scattered Narnia Islands. It was designated a special high risk area by the Joint War Committee at Lloyds of London. However numbers have been down since then, and in January 2018, the JWC announced that the special designation was “under review”. There have since been scattered attacks and attempted attacks in and around the area. There are now fears that the area could emulate Somalia and the Malacca Straits in terms of the threat to shipping.

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Matthias Klausenberg

From: Pamela Suker <[email protected]> To: Matthias Klausenberg [email protected]; Operations <[email protected]> Date: 24 July 2018, 2:30 PM Subject: MT PATTON – discharge

Dear Matthias,

This was discussed with the Board this morning, and they have given approval for cargo to be delivered per orders of holder of B/L, which I understand is GEF Freesia, without exercising any lien. Please proceed accordingly.

Rationale as follows:

We probably have the right to exercise a lien at Freesia for unpaid freight and demurrage. But this depends on whether Alyssumian law recognises our right to do so and also practical considerations. We think this aspect is ok.

Per our discussions, the main problem is the practical aspect.

We need to offload cargo for further repairs and will need storage/security at disport. Our protective agent at Freesia advises that GEF controls the terminal/storage tanks at Freesia and is also influential among the repair contractors. If so inclined, they may disrupt our attempts to secure suitable storage and repairs, and at reasonable market rates.

Also, we now know there are some problems with the cargo and GEF may simply choose to abandon cargo at disport, and we might be responsible for significant storage, and then disposal costs.

Finally, if there is a course of action that allows us to continue negotiating with GEF and preserving what is left of the relationship, we should take that path.

Warm regards,

Pam

PAMELA SUKER

Manager, Insurance and Risk

Montgomery Shipping Co

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MONTGOMERY SHIPPING CO LTD LVL 42-05, 56 MARMION WAY, ATHERIUM CITY 2160

Date: 29 May 2019


Attention: Carles Leahy

Dear Carles,

MT PATTON – V 185

I refer to our conversation this morning, during which you have denied liability to pay anything to Montgomery Shipping. This is disappointing as we were hoping to reach an amicable settlement and continue focusing our energies on our respective businesses.

You have asked me to set out, again, our claim. With the hope that this will achieve some positive result, I will do so. I will remind you that I have a law degree, so please do not dismiss my letter by thinking that we do not have a legitimate claim.

Our claim is very simple. It is made up of the following.

First, the vessel broke down in July 2018 and placed crew, vessel and cargo in peril. We had to undertake extraordinary measures to arrange for temporary repairs at Acacia so that the vessel could resume its voyage to the discharge port and complete discharge.

You and your cargo underwriters have provided GA security. We proposed that ship/cargo contribute in GA according to a 71.3/28.7 split, without having to spend time, money and other resources to have a GA adjuster prepare a GA adjustment.

We claim the sum US$12,197.50 being cargo’s share of the cost of repairs to the main engine at Acacia.

Second, GEF breached its obligation under the voyage charter to nominate a safe discharge port. Because of this, the vessel travelled through a high-risk area, and was the subject of a pirate attack, which was a traumatic experience for the crew and for their family.

The vessel’s comms were destroyed during the attack and a number of things, including some cargo was stolen. We had to arrange for an emergency tow to the nearest port of safety, which was Acacia. There we arranged for the crew to be attended to, and for some repairs, and for the vessel to take on additional bunkers to complete its voyage to Freesia to complete discharge.

These costs were incurred as a direct result of your breach, and therefore GEF is liable to pay. We claim:

- Towage costs in the sum of US$565,000 - Repair (but not for main engine), port, survey, agency costs at Acacia in the sum of

US$159,750 - Additional bunkers cost of US$73,710

In the interest of progressing the matter, I enclose a survey report prepared by Acacia Marine Surveyors dated 2 August 2018 in relation to the pirate attack.

Third, you have failed to pay 50% of the freight and load port demurrage. These are US$117,500 and US$31,520.55 respectively.

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The total we claim therefore is US$959,678.05. We have not claimed interest. Can we please hear from you? Yours sincerely, MATTHIAS KLAUSENBERG General Manager, Fleet Operations Montgomery Shipping Co Ltd

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Legit Law LLC

To: Montgomery Shipping Co Ltd Lvl 42-05, 56 Marmion Way, ATHERIUM CITY, ATHERIUM 2160

Date: 2 June 2019

Attention: Matthias Klausenberg, GM Fleet Operations

Dear Mr Klausenberg,

MT PATTON – V 185

We act for Greater Earth Fuels and have been shown a copy of your letter dated 29 May 2019 and accompanying attachment.

We are instructed that our client denies your extraordinary claims in their entirety, and that our client will claim from you the value of the shortfall of the cargo on delivery and further damages on account of delay. The value of the shortfall, by reference to the market value of the cargo at Freesia, was US$889,394.17.

At the outset, we make the observation that you have taken self-serving approach to causation that is simply not sustainable at law.

Our client simply denies that it had breached any duty to nominate a safe port (to the extent such duty existed). The nominated ports were not affected by any matter that might have made them unsafe and the ordinary route from load to discharge ports was not one that exposed the ship, crew and cargo to any greater peril than what might be ordinarily encountered.

In any event, to the extent there is any liability to contribute in GA (which is denied) our client says that you have forfeited your right to claim such contribution because of your actionable fault. Our client says that you breached your obligation as to utmost dispatch by deviating to Acacia, and as to seaworthiness by failing to meet Art 3 r 1 of the Hague/Visby Rules (which were incorporated in to the carriage contract).

Additionally, our client contests your load port demurrage calculations and says that laytime only commenced much later.

As to freight, our client discharged its obligation to pay freight to an account nominated by you. It does not matter that the money did not reach you as it was not our client’s contractual responsibility to ensure the successful receipt of the freight on your part.

In any event, as to the freight and demurrage claims, you had the right and opportunity to seek security for them in exchange for releasing the cargo or otherwise exercising a lien on the cargo. However you elected not to do so and we think that an arbitrator might be persuaded that you effectively waived your right to claim those amounts.

Could you kindly confirm whether you will be paying the cargo loss claim forthwith? If not, we anticipate instructions to commence proceedings to recover the said sum plus damages, interest and costs.

Yours faithfully,

Gunnar Vocate Director

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MONTGOMERY SHIPPING CO LTD LVL 42-05, 56 MARMION WAY, ATHERIUM CITY 2160

Date: 29 May 2019

To: Legit Law LLC

Attention: Gunnar Vocate

Dear Mr Vocate,

MT PATTON – V 185

Your letter of 2 June 2019 refers.

Your explanation for rejecting our claim is misconceived.

We made a deliberate decision to tow the stranded vessel to Acacia in the interest of the safety of the crew, vessel and cargo. It is not an unlawful deviation. I attach for your reference a copy of an internal email exchange dated 9 July 2018 between my ops superintendent, Dmitry Salenko, and me. I also attach the series of emails relating to our appointment of the rescue tug.

How can you say the ship was unseaworthy? What is the basis of this? You will see from the attached survey report from CM Surveyors dated 29 July 2018 that the likely cause of the ME failure was bad bunkers. What could we have done about it exercising due diligence?

How can you say that you can pay freight to anybody and that even if we do not receive it, you have satisfied your contractual obligation as to freight? That is ridiculous.

We have no choice now but to appoint lawyers.

Yours sincerely,

MATTHIAS KLAUSENBERG

General Manager, Fleet Operations Montgomery Shipping Co Ltd

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Price Yi Lawyers

Date: 7 June 2019

To: Gunnar Vocate, Legit Law LLC (by email)

Dear Gunnar,

MT PATTON – V 185

We act for Montgomery Shipping and refer to the various exchanges you and your client have had with ours.

We note our client has provided to you a number of documents to support its position.

These are far more than what your client would ordinarily be entitled to in the course of disclosure. In any event, we think they support our client’s position, and have been instructed to commence an arbitration in accordance with the provisions of the charterparty dated 1 June 2018.

We note your client’s intention to pursue a cargo claim of its own. We would raise at this point our objection to your client doing so by way of arbitration in Singapore pursuant to the terms of the charterparty. The jurisdiction clause therein confines your client’s right to pursue such a claim by way of court proceedings.

As you know, our client is domiciled in Atherium and to be clear, we do not have instructions to accept service of any court proceedings on their behalf. Furthermore, we are instructed that the MT PATTON has since been redelivered to its registered owners.

Kind regards, Ratna Kumar, Partner

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In the matter of an international arbitration

Montgomery Shipping Co Ltd

Claimant

And

Greater Earth Fuels International Ltd

Respondent

CLAIMANT’S POINTS OF CLAIM

1. At the material time, the claimant was the demise charterer of the ship, MT PATTON(Vessel).

2. By a fixture recap dated 1 June 2018, the claimant voyage chartered the Vessel to therespondent.

3. The charterparty obliged the claimant to load, stow, carry and discharge a cargo of5,150mt, 5% MOLCO.

4. Pursuant to the charterparty, the port of loading was Dianthus, Gazania, and the portof discharge was either Freesia, Alyssum, or Acacia, Goldland. The respondentsubsequently nominated Freesia, Alyssum, as the port of discharge.

5. Pursuant to the charterparty, the respondent was obliged, among other things, to:

a. nominate safe ports of loading and discharge;b. pay freight of US$235,000; andc. pay load port demurrage should the time for loading exceed 28 hours.

6. In performance of its obligations under the charterparty, the claimant caused thevessel to arrive at the port of loading at Dianthus on 28 June 2018. Upon arrival, theMaster of the Vessel tendered a Notice of Readiness to load at 2130 hours on 28June 2018.

7. Loading was completed at 0330 hours on 4 July.

8. In accordance with the charterparty, the claimant issued an invoice for the sum ofUS$117,500, being 50% of the freight payable.

9. In breach of its obligations under the charterparty, the respondent has failed to paythe 50% freight.

10. In accordance with the charterparty, the claimant issued an invoice for demurrageincurred at the port of loading.

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11. In breach of its obligations under the charterparty, the respondent has failed to paythe load port demurrage.

12. In performance of its obligations under the charterparty, the claimant caused theVessel to take the most direct route from Dianthus to Freesia. En route, on 9 July2018, the Vessel’s main engine failed and the Vessel’s crew was unable to restart theengine.

13. As a result of the main engine failure, the crew, Vessel and cargo were placed in peril.

14. In breach of its obligations to nominate a safe port for discharge, the respondentnominated a port that required the Vessel to traverse an area of water with a high riskof piracy.

15. As a result, on around 15 July 2018, the Vessel was the subject of an attack byunknown persons. In the course of the attack:

a. two crew members suffered minor injury;b. the crew’s personal belongings were stolen;c. some of the Vessel’s equipment was stolen, and some others damaged; andd. approximately 1,470.073 mt of cargo was stolen.

16. The claimant arranged for the Vessel to be towed to a safe port, namely, Acacia inGoldland.

17. At Acacia, the claimant arranged for the Vessel to undergo suitable repairs, and theVessel resumed its voyage to Freesia on around 1 August 2018, whereafter theVessel completed discharge of the cargo on 2 August 2018 within the laytime allowedat the discharge port.

18. On 17 July 2018, the claimant declared general average, and the respondentprovided a general average bond and a general average guarantee from itsunderwriters.

19. The respondent is liable to contribute in general average for the cost of the repairs tothe engine following its failure en route.

20. AND THE CLAIMANT CLAIMS:

a. the sum of US$959,678.05, comprising:i. freight in the sum of US$117,500.00;ii. load port demurrage in the sum of US$31,520.55;iii. towage costs, being a loss suffered by the claimant as a

consequence of the respondent’s breach of its safe port obligationsunder the charterparty, in the sum of US$565,000.00;

iv. the sum of US$159,750, being repair, agency, port and survey costsincurred by the claimant as a consequence of having to call andundertake repairs at the port of Acacia following the attack on thevessel on 15 July 2018;

v. the sum of $73,710, being the cost of additional bunkers consumedby the Vessel in travelling between Acacia and Freesia to completethe voyage;

vi. the sum of US12,197.50, being 28.7% of the cost of repairs to themain engine following its failure on 9 July 2018, that proportion being

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the proportion in which the respondent is obliged to contribute in general average;

b. damages; andc. interest and costs.

Date: 2 July 2019

IMLAM 2020 v1 12.19 119



Claimant

Cross-respondent

And


Respondent

Cross-claimant

RESPONDENT’S POINTS OF DEFENCE AND CROSSCLAIM

The respondent:

1. Admits paragraphs 1 to 5(b) of the Claimant’s Points of Claim (POC).

2. Does not admit paragraph 5(c), and says instead that the obligation to pay demurrage arises only after laytime has expired at the load port.

3. Does not admit paragraph 6 of the POC, and says instead that: a. a valid Notice of Readiness was only issued 0815 hours on 30 June 2018;

and b. pursuant to clause 28 of the GE Shipping Charterparty Clauses that formed

part of the charterparty agreement, laytime only commenced at 0815 on 2 July 2018.

4. Admits paragraphs 7 and 8.

5. Denies paragraph 9, and says instead that it has discharged its obligation to pay the

50% freight regardless of whether the claimant has received the same.

6. Admits paragraph 10.

7. Denies paragraph 11, and says that

a. pursuant clause 1 of the GE Shipping Charterparty Clauses that formed part of the charterparty agreement, the claimant’s claim for demurrage is now time-barred;

b. alternatively, to the extent it is liable for demurrage, the demurrage payable is only US$13,901.04, being the sum payable in respect of having exceeded laytime by 39.25 hours.

8. Does not admit the first sentence of paragraph 12, but admits the remainder.

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9. Denies paragraphs 13 and 14.

10. Denies the allegation that the attack was a consequence of the respondent’s breach,but otherwise admits paragraph 15.

11. Does not admit the claimant’s characterisation of Acacia as a safe port, but otherwiseadmits paragraph 16.

12. Admits paragraphs 17 and 18.

13. Denies paragraph 19, and further says that to the extent there is any prima facieliability in the respondent to contribute in general average, such liability is dischargedby the claimant’s actionable fault in failing to exercise due diligence to deliver aseaworthy vessel at the commencement of the voyage.

14. Denies paragraph 20.

THE RESPONDENT CROSS-CLAIMS

1. The respondent repeats paragraph 3 of the POC (delivery obligation) and saysfurther that the claimant was also obliged to:

a. exercise due diligence to ensure that the Vessel was seaworthy andcargoworthy at the commencement of the voyage within the meaning of Art 3rules 1 and 2 of the Hague/Visby Rules (seaworthiness obligation);

b. proceed with utmost despatch from the port of loading to the port of discharge(utmost despatch obligation).

2. In breach of its seaworthiness obligation, the claimant failed to exercise due diligenceto ensure the Vessel’s seaworthiness. The claimant failed to take reasonable steps toensure that the fuel that would be consumed during the cargo voyage was suitable forthe ordinary running of the Vessel’s engines for the entirety of the voyage.

3. In breach of its utmost despatch obligation, the claimant caused the Vessel to deviatefrom the ordinary course to call at the port of Acacia.

4. In breach of its delivery obligation, the claimant failed to deliver the quantity of cargothat was loaded onto the vessel at the loading port.

5. As a consequence, the respondent has suffered loss and damage, namely delay andthe loss arising from the shortfall of cargo outturned at the discharge port.

6. AND THE RESPONDENT CROSS-CLAIMS:

a. US$889,394.17, being the value of the shortfall in cargo;b. damages arising from the delayed delivery of part of the cargo;c. interest and costs.

Date: 30 July 2019

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Claimant

Cross-respondent

And


Respondent

Cross-claimant

CLAIMANT’S DEFENCE TO CROSS-CLAIM

1. As to the whole of the Cross-Claim, the claimant says that the tribunal has nojurisdiction to determine the cross-claim because the respondent is obliged to pursueany claim it may have under charterparty by way of court proceedings.

2. If the tribunal finds that it has jurisdiction to determine the cross-claim, then inresponse to the Cross-Claim, the claimant:

a. Admits paragraph 1.

b. Denies paragraphs 2 to 6.

c. In response to paragraph 5, says that to the extent there was a shortfall indelivery of the cargo, the:

i. respondent has no title to sue for said short-fall,ii. or alternatively, if the respondent has the above-mentioned title to

sue, the claimant is not liable for any shortfall or the consequencesthereof by virtue of Article 4 r 2 (c) and (q) of the Hague-Visby Rules.

Date: 14 August 2019

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General Instructions

1. Unless otherwise obvious, all persons, places, coordinates, organisations and shipsare fictitious.

2. Students may consult the rough sketch of a map (not drawn to scale) for an idea ofthe material locations relative to each other.

3. If necessary to have regard to the law of any country apart from English law, studentsare to adopt the general ‘assumption’ that that law is identical to English law forrelevant purposes.

4. Students can assume that the reference to arbitration and appointment of arbitratorswere regular. This is subject to any argument that may exist as to jurisdiction to hearthe respective parties’ claims.

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