Bunker Surveys & Charter Party Rights: When Masters Refuse to Sign

 ⚖️ Bunker Surveys & Charter Party Rights: When Masters Refuse to Sign

❓ Can a Master reject a bunker survey report if the ROB figures differ from his own records?
❓ Do unilateral refusals expose Owners to disputes with Charterers?
❓ What happens if excessive bunkers are later “rejected” again during the off-hire survey?

If you hesitated on any of these, this blog is for you. 🚢

 

📜 Clause Breakdown – Understanding the Core Issue

Most time charter parties contain bunker survey clauses to ensure transparency on fuel figures at delivery and redelivery. The purpose is simple:

• Establish accurate ROB (Remaining On Board) at commencement and completion of charter.
• Protect both Owners and Charterers against misreporting or manipulation.
• Ensure bunker declarations to customs authorities match verified figures.

🔍 Scenario in focus:
The Master refused to sign the bunker survey report, citing discrepancies against his own records, while Charterers saw this unilateral action as unreasonable. Such refusals create tension because:

• Customs may already have been informed of declared figures.
• Charterers feel exposed to penalties and misdeclaration claims.
• Owners risk reputational damage and legal disputes if the issue resurfaces during off-hire surveys.

📚 Industry references:

• BIMCO guidance: Masters are expected to cooperate fully in bunker surveys but may issue a letter of protest if they disagree, rather than outright refusal.
• Case law (The Kostas Melas [1981]) highlighted that inaccurate ROB declarations can expose Owners when Masters fail to justify objections.

 

⚙️ Practical Guidance – Owners, Charterers & Operators

✅ For Owners

• Train Masters to handle disputes constructively: If disagreeing, note protest with technical reasoning (e.g., tank settling, trim corrections).
• Avoid blanket refusals—this weakens Owners’ legal standing.
• Ensure ROB declarations to customs are consistent with signed documents.

✅ For Charterers

• Insist on professional bunker surveyors at delivery and redelivery.
• If the Master refuses to sign, request a written protest instead of silence.
• Log immediate reservation of rights to protect against future claims.

✅ For Operators

• Cross-check bunker figures with noon reports, bunker receipts, and last supply records.
• Always circulate surveyor credentials beforehand to prevent bias claims.
• Keep charter party bunker clauses aligned with BIMCO Bunker Fuel Sulphur Content Clause and Bunker Quality Control Clause for added legal coverage.

 

🌟 Conclusion & Call-to-Action

At sea, numbers tell a story—but only if all parties agree on how they’re measured. A Master’s outright rejection of a bunker survey can turn a technical issue into a legal storm. The solution? Transparency, documentation, and dialogue.

💡 Remember: “Figures build trust only when backed by cooperation, not unilateral actions.”

👉 How do you handle ROB disputes on your vessels? Do Masters in your fleet sign with protest, or sometimes refuse altogether? Share your experience below!

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⚠️ Disclaimer: This blog is for educational and informational purposes only. It is not intended as legal advice. For specific cases, always consult qualified maritime legal professionals.