The dismissal of a physical supplier’s claim against Time Charterer and Owner confirmed in appeal. On 18 December 2018 the Court of Appeal in Amsterdam confirmed the judgment of the Amsterdam District Court and held that there is neither a contractual obligation of the Owner or Time Charterer to pay for the use of the bunkers nor is a tort committed by the Time Charterer or Owner when they use the bunkers for the propulsion of the vessel.
A physical supplier cannot create a contractual relationship with the Owner or Time Charterer by way of a bunker requisition form or bunker delivery note which is signed by the C/E on delivery of the bunker fuel on the basis of which the physical supplier can rely on a retention of title or insist on payment of the bunkers.
The Time Charterer and the Owner were allowed to use the bunkers for the propulsion of the vessel. This right to use the bunkers was unconditional and with fulfilment of its contractual obligations towards the OWB supplier, the Time Charterer and Owner did not commit a tort versus the physical supplier.
For more information contact Markwin Wattel