An unacceptable tanker

A pool manager misdescribed a tanker as being acceptable to a specific oil major, even though he had received an email from the head owners prior to fixing that stated she had been rejected by them. This email was overlooked by the pool manager when the tanker was fixed for a spot voyage to load ULSD (ultra low sulphur diesel).

The fixture recap contained a clause stating “TO THE BEST OF OWNER’S KNOWLEDGE AT THE TIME OF FIXING, VESSEL IS NOT UNACCEPTABLE TO FOLLOWING OIL MAJORS:” The list referred to a number of companies but did not include the specific oil major. The pool manager had mentioned during negotiations that in their view the tanker should be acceptable to that specific oil major since it was not excluded.

The charterers could not sell the cargo and had no other option than to put it into storage. They claimed US$ 250,000 in damages. Their claim was settled by the pool manager, who was reimbursed by ITIC.