Trainingscamp IV OBELIX / ASTERIX

Transcription

1 Okt. / Nov OBELIX / ASTERIX Capt. M. Grübler Presented by Capt. M. Grübler - Claims Manager -

2 Basis for the Salvage of MV ASTERIX was: Lloyd s Open Form 1995 duly signed by the owners MV ASTERIX and the TRI-PARTITE-SALVAGE-AGREEMENT as agreed between - Owners of MV ASTERIX - Salvage companies SMIT / MASTER DIVERS - H+M underwriters and P&I Club of MV OBELIX Specialities of the TRI-PARTITE- AGREEMENT were: The own interests of the P&I-Clubs of MV OBELIX : Salvage oder Wreck removal - Residual values? LOF 95 - (SCOPIC came firstly in force together with the LOF 90) Articel 14 Special Compensation International Convention on Salvage 1989 Contribution of USD 1,1 Mio. from P&I Club to the salvage costs Page 2

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4 Plans of the Salvage: Rather early it revealed, that due to lack of proper equipment and required know how MASTER DIVERS could not succeed in the salvage alone on her own. Therefore SMIT Singapore stepped into the LOF 95 Contract with MASTER DIVERS and a Sub-contract between MASTER DIVERS and SMIT was agreed. In the beginning of a salvage operations the salvor evaluates the situation and he makes a detailed schedule about all necessary works which habe to be carried out. It is his own interest to make sure, that the damage is not enlarged and the salved property is brought safely to an appropriate place, where it can be re-delivered to the Owners. Plans of the Salvage: The following measurements are required: Chronological order about the process of the salvage Summary of required personal Summary of required salvage equipment Necessary calculations for the stability of the casualty Calculations of costs Daily Reports to be provided by salvors Page 4

5 Time schedule: For all expenditures, relating to the salvage of the vessel, SMIT had presented the following calculation on : Personal planning: Page 5

6 Involvement of equipment: Mobilisation of special equipment for the salvage: the floating crane SMIT CYCLONE - capacity load tons was towed from Singapore to Colombo Time for that mobilisation: about 2-3 weeks Total employment required about 50 days Calculated costs claimed by SMIT = USD ,- per day Page 6

7 Various: The calculations as they were done by SMIT seemed to be on the very high side which subsequently caused lengthy discussions in particular in the course of the negotiations of the terms of the TRI-PARTITE-SALVAGEAGREEMENT, which were still pending at that material time. Our counter calculation for salvage costs on a time basis revealed in first instance an amount of about USD 2, ,- which was about half of the costs which were calculated by SMIT / MASTER DIVERS. This is shown in the following schedule: Page 7

8 Bergung MS ASTERIX Page 8

9 Comparison of calculated Costs - SMIT / VBS: Page 9

10 Compensation of costs to the Salvors: With the signing of the LOF-95 Salvage contract salvors are obliged towards the contractual partner (= Owners MV ASTERIX ) to salve the vessel and to redeliver it back in a safe condition. However, the general condition of the ship and the cargo showed very soon, that the salved values of the ship and the cargoes finally would not be sufficient to cover all costs of that salvage. At a rather early stage it was therefore mutually agreed, to charge the salvage costs on the basis of so called SCOPIC-rates as they wer negotiated between the P&I Clubs und der ISU (International Salvage Union) at the end of the 80ths and came into use later. Compensation of costs to the Salvors: In these negotiations participated SMIT / MASTER DIVERS, the owners of MV ASTERIX and the owners / Hull Underwriters and the P&I-Club of MV OBELIX, which finally terminated in the TRI-PARTITE-SALVAGEAGREEMENT. For all kind of services which were provided for the successful salvage it was agreed a lumpsum in the amount of USD 5,0 Mio. Page 10

11 Daily Reports provided by Salvors: All continuous steps and measurements which are undertaken by salvors during the salvage operations are noted in writing and are distributed to the parties involved in form of Daily Reports which are continuously numbered. The publication of the daily reports represents a general overview about all works which had been done so far and provides information about the costs which had been arisen and those which still are to be expected enabling the parties to have a certain control on the cost issue. These daily reports provide particular information on the following: Daily Reports provided by Salvors: Activities / Summaries of all works during the last 24 hours Diving works Plannings for the next 24 hours Overall progess of salvage works Problems which they were faced with Personal involved Material / Equipment of Salvors in operation Remarks Page 11

12 Bergung MS ASTERIX Bergung MS ASTERIX Page 12

13 .. and now some explanations to the salvage proceedings of MV ASTERIX : Page 13

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20 Settlement of the Salvage Claim: After the successful salvage and redelivery to the owners of ASTERIX and in accordance with the terms of the TRI-PARITE Agreement OBELIX was obliged to pay the agreed USD 5 mio into the joint escrow account which was done on one month after the redelivery. At that time the P&I Club had already reimbursed the H+M Underwriters of MV OBELIX with the agreed USD 1,1 mio. Negotiations started with SLPA and with the lawyers of MV ASTERIX concerning the reductions of the salvage guarantee sums: - SLPA bank guarantee from USD 10,0 mio to USD 5,0 mio - Owners of ASTERIX from USD 15.0 mio to USD 12.0 mio. Settlement of the Salvage Claim: The reduction of the SLPA bank guarantee was settled more or less smoothly and without further problems and also the reduction of the Letter of Undertaking in favour of ASTERIX to USD 12,0 mio was accepted. However there remained two problem areas: 1.) Had definitely all SLPA salvage claims for been compensated by SMIT / MASTER DIVERS or would have been further costs or claims pending which could be claimed directly against MV OBELIX? 2.) Was there actually a contributory fault with ASTERIX due to the deficiencies which were ascertained in the course of the salvage operations and which assumed an unseaworthiness of the vessel leading to a possible participation of the salvage costs. Page 20

21 Settlement of the Salvage Claim: With the redelivery of the vessel SMIT and MASTER DIVERS required the payment of the agreed USD 5,0 mio. However, as it was not immediately evident that all obligation of the salvors towards SLPA were fulfilled according to the TRI-PARTITEAGREEMENT and we had to fear that the port authorities would present further claims against us, it was decided to release only a partial amount of USD 4,0 mio. The remaining USD 1,0 mio would remain in the escrow account until further notice. The dispute about these USD 1,0 mio. prolongated further until March 2000 after SLPA had drawn an unspecified amount of USD 3,92 mio from the bank guarantee on and it was not evident to us which costs would be compensated in that sum. Settlement of the Salvage Claim: Only after very tough negotiations with the salvors lawyers it was mutually agreed on 3rd March 2000 to release another USD ,- from the escrow account about 1 ¼ years after finalisation of the salvage. The remaining USD ,- had been left there until further notice. It was only after we (respectively our english lawyers) had received the written confirmation from SMIT and MASTER DIVERS as well as from SLPA that no further claims would be brought forward any more in connection with the salvage of the vessel and the obligations of the TRIPARTITE-AGREEMENT when the final remaining USD ,- were released and transferred to SMIT / MASTER DIVERS on 27th March 2001 almost 2 ½ years after the accident had happened. Page 21

22 ..and this was the wrongdoing. OBELIX!.. This was the salvage and the compensation of the salvage costs for MV ASTERIX. Any questions..??? Many thanks for your attention It follows a brief slide show with some impressive pictures Page 22