Deep Waters, Deeper Risks: What Charter Parties Don’t Always Say About Bunkering Depths

 ⚓ Deep Waters, Deeper Risks: What Charter Parties Don’t Always Say About Bunkering Depths

by Dattaram Walvankar | @ShipOpsInsights
#CharterPartyDecoded #MarineMindset #ShipOpsInsights #BunkeringSafely

 

❓Think You Know Your Charter Party? Let’s Find Out:

1️⃣ Can you reject a bunkering instruction based on excessive sea depth?
2️⃣ Is anchoring always implied when a bunkering location is advised?
3️⃣ Could misinterpreting this clause cost you operational time and legal cover?

 

Let’s dive into the deep (literally) and unpack this together. 🌊

 

📜 Clause at the Core

“Please note below email received from charterers regarding bunkering operation; however, the depth around the advised position is about 140 meters and above.”

Sounds simple, right? Just follow the bunkering instruction?

Not so fast. ⚠️

 

🔍 Clause Breakdown – What It Really Means

This line, while not part of a standard clause, touches on a common charter party grey area: Who decides where bunkering takes place? And what if the location poses navigational or operational risk?

Here’s what you need to consider:

✅ Legal and Operational Interpretation

• In time charter parties, charterers direct commercial decisions, including bunkering ports/positions.
• However, safe navigation remains owners’ responsibility.
• If a location is unsafe (e.g. 140+ meters depth making anchoring impractical or risky), masters can refuse the instruction under “safe port” obligation principles.

BIMCO Commentary on "Bunker Clauses" often emphasizes “reasonable access and operational safety.” Bunkering offshore or in deepwater without mooring options can breach that standard.

⚖️ Relevant Case Law

The classic case The Evia (No.2) and The Hill Harmony show that masters may refuse unsafe directions, but must communicate clearly and justifiably.

 

💡 Practical Examples & Pitfalls

🚫 Pitfall: Accepting the bunkering instruction without depth checks or waiting until last minute to object
✅ Better Practice:

• Verify charted depth, currents, and holding ground
• Notify charterers promptly with concerns and suggest alternatives
• Document all exchanges to avoid disputes or claims of non-performance

📌 A 140m+ depth means:

• You may not be able to anchor safely
• Drifting or DP systems might be required
• Risks increase for fuel spill, hose failure, or weather delay

 

🧭 Actionable Steps for Operators, Managers & Charterers

For Ship Operators & Masters:

• 🔍 Always check the full marine chart and advisories of advised bunkering positions
• 📧 Communicate early and formally if depth poses risks
• 📝 Record all instructions and objections in writing for legal protection

For Owners & Technical Managers:

• ⚖️ Ensure charter party includes bunkering clause with “safe and accessible location” language
• 🔧 Train crew to recognize risks tied to sea depth during STS/bunkering

For Charterers:

• 🗺️ Consult with operators before fixing offshore bunkering positions
• 🤝 Collaborate — safe ops protect both ship & schedule

 

🧠 Conclusion: Deep Waters Demand Deeper Thinking

Bunkering is routine. But where you bunker? That’s strategic — and potentially risky.

A depth of 140 meters is no minor detail. It could affect safety, timelines, and even legal accountability.

So next time a bunkering instruction drops into your inbox…
Ask. Check. Speak.

 

✅ CALL TO ACTION:

💬 Share a time you had to object to an unsafe instruction.
❤️ Like if this post taught you something new.
📲 Follow @ShipOpsInsights with Dattaram for weekly breakdowns that bring clarity to clauses.
🔁 Share with a colleague who needs to read this!

 

⚠️ Disclaimer

This blog is for educational purposes only and does not constitute legal or operational advice. Operators should always consult charter party terms and seek professional guidance in case of disputes.