B-126532, MAR. 8, 1956

B-126532: Mar 8, 1956

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J. BAKER AND BRO.: REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 12. YOU STATE THAT IN VIEW OF THIS CONTRACT PROVISION "THE OWNERS OF THE SHIP ARE DEFINITELY RESPONSIBLE FOR THE EXTRA STEVEDORING EXPENSE INCURRED.'. UNDER THE TERMS OF THE VOYAGE CHARTER PARTY CONTRACT THE OWNERS OF THE SHIP WERE REQUIRED TO PROVIDE SUFFICIENT POWER TO RUN THE WINCHES. IT IS ADMITTED BY WILLIAM H. THAT IT "HAD THE RIGHT TO REFUSE THE VESSEL WHEN SHE GAVE NOTICE ON ACCOUNT OF THE CONDITION OF THE WINCHES AND THE FACT THAT ONE HOLD WAS STILL DIRTY.'. WHILE IT MAY BE THAT THE OWNERS OF THE VESSEL ARE LIABLE FOR THE ADDITIONAL EXPENSE. IT WOULD APPEAR THAT ANY REMEDY YOU MAY HAVE WOULD BE AGAINST THE OWNER OF THE VESSEL.

B-126532, MAR. 8, 1956

TO H. J. BAKER AND BRO.:

REFERENCE IS MADE TO YOUR LETTER DATED DECEMBER 12, 1955, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 10, 1955, WHICH DISALLOWED YOUR CLAIM FOR $665.50 FOR STEVEDORING CHARGES OCCASIONED BY DEFECTIVE WINCHES ENCOUNTERED BY WILLIAM H. MULLER AND COMPANY IN LOADING THE STEAMERBIENVENIDO AT ROTTERDAM, HOLLAND, IN CONNECTION WITH THE FURNISHING OF CALCIUM AMMONIUM NITRATE TO THE GENERAL SERVICES ADMINISTRATION UNDER CONTRACT NO. GS-OOP-16162/EC), DATED DECEMBER 4, 1951.

UNDER THE TERMS OF THE CONTRACT YOU AGREED TO DELIVER THE NITRATE F.O.B. VESSEL AND STOWED ROTTERDAM. THE GENERAL SERVICES ADMINISTRATION EMERGENCY PROCUREMENT SERVICE CHARTERED THE VESSEL FROM ZARATI S.S. CO. LTD. BY VOYAGE CHARTER PARTY CONTRACT NO. GS-OOP-16300 /EC). PARAGRAPH 2 (B) OF THE VOYAGE CHARTER PARTY CONTRACT PROVIDED THAT THE VESSEL WOULD PERMIT THE USE OF THE SHIP'S WINCHES AND THAT THE VESSEL WOULD AT ALL TIMES PROVIDE POWER SUFFICIENT TO RUN ALL THE WINCHES, OR ALL NECESSARY TO BE WORKED.

YOU STATE THAT IN VIEW OF THIS CONTRACT PROVISION "THE OWNERS OF THE SHIP ARE DEFINITELY RESPONSIBLE FOR THE EXTRA STEVEDORING EXPENSE INCURRED.' YOU REQUEST OUR OFFICE TO ARRANGE WITH THE GENERAL SERVICES ADMINISTRATION TO COLLECT THE AMOUNT CLAIMED FROM THE OWNERS OF THE VESSEL.

SINCE, UNDER THE TERMS OF THE VOYAGE CHARTER PARTY CONTRACT THE OWNERS OF THE SHIP WERE REQUIRED TO PROVIDE SUFFICIENT POWER TO RUN THE WINCHES, YOU OR YOUR AGENT, ACTING FOR THE UNITED STATES, FAILED TO EXERCISE DUE DILIGENCE IN ACCEPTING THE VESSEL FROM THE OWNER IN A CONDITION CONTRARY TO THE TERMS OF THE CONTRACT. IT IS ADMITTED BY WILLIAM H. MULLER AND COMPANY, STEVEDORES FOR YOUR SUPPLIER, THAT IT "HAD THE RIGHT TO REFUSE THE VESSEL WHEN SHE GAVE NOTICE ON ACCOUNT OF THE CONDITION OF THE WINCHES AND THE FACT THAT ONE HOLD WAS STILL DIRTY.' WHILE IT MAY BE THAT THE OWNERS OF THE VESSEL ARE LIABLE FOR THE ADDITIONAL EXPENSE, THE UNITED STATES CANNOT ACT AS A COLLECTION AGENCY IN THE MATTER. IT WOULD APPEAR THAT ANY REMEDY YOU MAY HAVE WOULD BE AGAINST THE OWNER OF THE VESSEL.