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Enron Mail |
I may have sent this to you earlier, and if so, I apologize. These are
David Best's recommendations regarding ECT's position statement to Mitsubishi. Please note his comments (in the second paragraph) regarding the wording in the second charter party and its effect on Mitsubishi's demurrage claim. This position statement has not yet been sent out, pending completion of my internal Mitsubishi due diligence. The only person I am still waiting on for comment is Walt Zimmerman of EOTT, and I expect to hear from him today. B.K.D. ----- Forwarded by Britt Davis/Corp/Enron on 08/04/2000 08:06 AM ----- Julie.Bertschin@clyde.co.uk 08/03/2000 09:30 AM To: Matthias.lee@enron.com cc: britt.davis@enron.com, ngregson@wfw.com, eric.Tan@enron.com Subject: m/v PACIFIC VIRGO - FREIGHT AND DEMURRAGE Suggest you send the following to the owners: "As owners are aware, Enron has suffered considerable loss and damage arising from the contamination of condensate loaded in good order and condition but delivered contaminated. It is clear that Mitsubishi, as time chartered owners, would not be now claiming freight or demurrage but for the contamination. There can be no argument about this. Since Enron is holding Mitsubishi fully liable for the contamination according to the terms and conditions of the relevant charterparty, Enron takes the view that it does not have a liability to pay either the freight or demurrage. Should Mitsubishi disagree, Enron suggests that all disputes are referred to arbitration pursuant to the relevant clause of C/P. Enron will almost certainly be commencing arbitration once the joint analysis results are known in order to recover their losses which have not yet been fully quantified. We respectfully suggest that Mitsubishi reviews its entitlement to freight and demurrage after the joint testing". I have since looked at the charterparty for the second leg sent to me yesterday. It is quite clear that we freely agreed to enter into an extended C/P for the second voyage on 19 July having agreed firstly to pay freight for the first voyage (which has now been done) and secondly to pay estimated demurrage on the first voyage to be paid "by charterers as quickly as possible against owners' provisional invoice, also actual demurrage amount to be settled by charterers as soon as possible". In my view, therefore, we cannot succesfully resist an application for an interim award both for freight and demurrage. We can counterclaim back damages for paid freight and demurrage assuming we are successful at a later stage in proving breach by Mitsubishi of the Charterparty concerning the contaminated cargo. Please confirm that the cargo owner and charterer are one and the same, i.e. Enron Capital & Trade Resources Singapore Pte Limited. This appears to be the case since the charterers are ECTRS and I note the manuscript entry on the first page of the liquid fuel purchase contract recording an assignment of the contract from Enron Capital & Trade Resources International Corp to ECTRS. Regards David Best __________________________ This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Any views or opinions expressed within this e-mail are those of the author and do not necessarily represent those of Clyde & Co. If you have received this e-mail in error, please contact Clyde & Co. Clyde & Co. 51 Eastcheap, London, EC3M 1JP Tel: +44 (020) 7623 1244, Fax: +44 (020) 7623 5427 Clyde & Co. Guildford Beaufort House, Chertsey Street, Guildford GU1 4HA Tel: +44 1483 555 555, Fax: +44 1483 567 330 E-Mail: postmaster@clyde.co.uk, Internet: http://www.clydeco.com
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