European Oil Storage. Demurrage the hidden cost

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1 European Oil Storage Demurrage the hidden cost Phil Stalley, HubSE Amsterdam January 2015

2 Health and Safety Cargo Measurement Maintenance Regimes Cargo Quality Tank Cleaning VOTOB GTCs = 26 pages

3 Demurrage = Cost to charterer for delay beyond laytime Charterer $$ $$$$ $$ FOB Seller Load Port Ship Owner CFR Buyer Discharge Port

4 1.The Contract 2.The Infrastructure 3.Operational Matters

5 Charter Party, Oil Contract or Storage Agreement Allocates risk of delays Increased risk may be priced in

6 ARTICLE 30 CONSEQUENCES OF DELAY 1. The circumstance that regardless of the grounds Goods are not available, or not in time, on or near the Premises, is entirely at the expense and risk of the Client and shall not constitute a ground for the Client to dissolve the Agreement. 2. If vessels and/or vehicles do not arrive or cannot be handled at the time set for this, or are unable to arrive at the Premises in time, the Storage Company shall be entitled to compensation of damage, demurrage and/or compensation for loss of time and/or other costs, regardless of the grounds.

7 2. The Storage Company shall never accept any liability for: (a) delay, loss of time, demurrage, parking fees or other damage or costs arising in connection with a deviation from the sequence in which vessels or vehicles are handled, caused the inability to reach the Premises or the inability to use the Premises, or caused by the fact that the Premises are already occupied, or by any cause whatsoever, even if prior reservations have been made, or if vessels and vehicles or other means of transport have been booked beforehand;

8 Without prejudice to provisions elsewhere in these General Terms and Conditions, the Storage Company shall not accept any liability for damage, loss, third-party claims, fines and/or costs arisen howsoever, unless the Client evidences that such damage, loss, third-party claims, fines and/or costs have been caused by wilful intent or gross negligence on the part of the Storage Company itself, or of the Storage Company s staff responsible for carrying out the Agreement or the Services of the Storage Company

9 a) Draft b) Air draft c) Maximum length, beam and/or deadweight

10 ARTICLE 28 HANDLING SEQUENCE OF VESSELS AND VEHICLES 1. In principle, vessels and vehicles are handled in the sequence of their arrival at or alongside the Premises. The Storage Company shall have the right - but not the obligation - to give priority to sea-going vessels over inland waterway vessels. 2. However, the Storage Company reserves the right to deviate from the sequence referred to in paragraph 1 of this Article if the Storage Company so deems necessary in order to comply with Government Regulations, or alternatively in order to enable a smooth operation, or if, according to objective criteria, there are other valid grounds for this.

11 35,000mt Gas oil 6 inch line Discharge time almost 48 hours

12 Incidents Cargo contamination Pollution terminal or vessel breakdown Miscommunications late nomination Mismatch loading orders (quality/quantity)

13 Pre-Contract Period Research facilities/infrastructure Post-Contract Track Reasons for Delay

14 Claims Management System by HubSE

15 Phil Stalley HubSE Limited blog: t: m: