Wednesday, August 6, 2025

Bunker Sampling Done Right: The Critical Clause Every Shipping Pro Must Master!

 📚Bunker Sampling Done Right: The Critical Clause Every Shipping Pro Must Master!

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Think You're Covered During Bunkering? Think Again!

  • Do you know which sample is legally binding in a fuel quality dispute?
  • Are your Chief Engineers actively witnessing bunker sampling?
  • Could one missing signature cost you thousands in off-spec claims?

🔍Clause Breakdown: Sampling Protocol in Bunker Delivery

Clause Summary:

“The samples drawn by the supplying barge (and noted on the BDR) are the only samples considered as representative. The supplier’s retained sample is final in case of dispute. The vessel must witness sampling, ensure sealing/signatures, and retain onboard copies.”

⚠️ Implications of This Clause

This clause shifts the burden of proof in bunker disputes entirely onto the supplier’s retained sample—making it final and binding. If your crew fails to ensure proper sampling protocols, you may have no recourse even if the fuel damages your engine.

💡Real-Life Example

A bulk carrier bunkered at Fujairah. Chief Engineer didn't witness drip sampling nor countersigned the samples. Fuel was off-spec, damaging injectors. Owner protested. Supplier referred to their retained sample—found "compliant." Owner lost claim due to procedural failure. Cost: $145,000 in repairs.

🧩 Common Pitfalls

  • Relying solely on MARPOL samples (which are for Port State—not commercial disputes).
  • Skipping witnessing of drip sampling.
  • No countersignature on sealed samples.
  • Improper use of Cubitainer or flow misadjustments.

Practical Tips

  • ALWAYS conduct continuous drip sampling witnessed by Chief Engineer or trained crew.
  • Use a clean, calibrated sampling device.
  • Keep at least one commercial sample per grade onboard.
  • Ensure samples are 90% full and triple-sealed with signatures from both barge and vessel.
  • Educate crew: BDR sample ≠ MARPOL sample!

⚖️ Legal Backing

  • BIMCO and INTERTANKO recommend clear sampling procedures in charter parties.
  • ISO 8217 & IMO MEPC 182(59) detail fuel and sampling protocols.
  • Case law supports supplier’s sample if buyer’s procedural evidence is weak.

🚀Actionable Steps for Shipping Stakeholders

For Ship Operators:

  • Train crew on sampling SOPs.
  • Review sampling equipment regularly.

For Managers/Owners:

  • Audit bunker receipts and sample labels monthly.
  • Use checklists before/during/after bunkering.

For Charterers:

  • Insist on transparent sampling clauses in CP.
  • Demand documentation and photo evidence of the sample process.

📣Conclusion: One Sample Can Sink the Deal

Never let a technicality cost your company thousands—or your vessel’s safe voyage. Master bunker sampling, and ensure your crew does too.

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⚖️Disclaimer

This article is for educational purposes only and does not constitute legal or operational advice. Follow your company's protocols and consult with qualified professionals for specific cases.

 

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