The case is being heard at a US District Court in the Southern District of Florida. File Image / Pixabay
Shipping company Falcon Navigation is suing bunker supplier World Fuel Services over a Houston fuel delivery which it claims was off-specification because of its elevated sulfur content.
US court documents show Falcon filed its complaint against WFS last month.
Falcon had sub-chartered the bulker WL Uglich from WL Shipping in September 2020, according to the complaint, and later that month received about 240 mt of VLSFO and 30 mt of MGO from WFS at Houston.
VPS tested the fuel's sulfur content at 0.53%, and subsequent testing by Intertek brought a result of about 0.56%, Falcon said in the complaint.
The fuel was subsequently debunkered in October on the orders of WL Shipping, which then presented a claim against Falcon in arbitration proceedings in London to cover the cost of the operation, the replacement bunkers and other costs.
"WFS is liable to FALCON for breach of contract for failure to supply sound bunkers fit for their intended use or for their ordinary use, and outside of the specifications of the contract," Falcon said in the complaint.
"The foregoing breach of warranty caused damage to FALCON, including the costs of litigation and arbitration, and rendered FALCON potentially liable for the amounts sought by Disponent Owner for damages."
The case is being heard at a US District Court in the Southern District of Florida.