Dear xxxxx
Furthermore, we are also not privy to any contractual conditions/clauses which may dictate specific criteria, such as the types of acceptable previous cargoes. Basically, there is nothing to gain for SGS by offering tank cleaning guidance, and potentially much for us to lose. Also, keep in mind that we are not offered any payment for this type of request and may be taking on significant risk. As soon as an SGS employee, quite innocently states something in writing (email, text etc) that indicates that we endorse a specific tank cleaning regime, this will allow the client to come back to us and hold us liable should anything go wrong, such as a delay because that cleaning proved insufficient or, worse still, cargo when loaded is put off spec. If the cargo is subsequently loaded and found to be off spec for any tested analyte, and this is said to be as a direct result of the guidance we either explicitly or implicitly endorsed, the client can and will (and has in the past), hold us accountable for the free advice provided and the negative outcome. SGS has previously paid out significant sums of money for the free of charge advice that an SGS employee naively offered to a client in good faith. When receiving a request for tank cleaning guidance, the best option is to respond with language such as the following:
8.2 Conclusion Tank cleaning can be a complex and time- consuming exercise, especially on chemical tankers. Understanding how the process works can be important in helping you evaluate a tank’s cleanliness to carry its next cargo.
For reasons of liability, it is against SGS Group policy to offer tank cleaning recommendations or compatibility guidance to clients, this being a contractual matter under charterparty or similar agreements, which we are not privy to. Nevertheless, to assist you, we can highlight the availability of a number of web-based subscription programs and other industry standard guidance wherein tank cleaning guidance to the industry is set out:
8.3 Requests for Tank Cleaning Guidance
http://miracledevelopment.chemserve.eu
Although the previous sections have provided a basic overview of tank cleaning operations, it is very important to understand that we (SGS) must never offer any guidance or give opinions on tank cleaning processes or their likelihood of success. There are times where a client contacts SGS to ask for tank cleaning guidance. This request is typically related to ship tanks, but sometimes it can also relate to shore tanks. To be clear, this is not something that we are expert in, and we can, by trying to be helpful, put ourselves in a difficult legal position with contract liability. Tank cleaning is a complex exercise. SGS is not in the business of tank cleaning; neither is it appropriate for us to give advice on how tanks should be cleaned or to comment on the potential effectiveness of any tank cleaning that is planned to be carried out.
https:dr-verweys-tank-cleaning-guide-app
You can further be helpful and point your clients to standards which set out industry guidance, such as EI HM 50, with complete confidence, as this is not an SGS document and can be used by anyone as a reference document with confidence.
Dear xxxxx
For reasons of liability, it is against SGS Group policy to offer tank cleaning recommendations or compatibility guidance to clients, this being a contractual matter under charterparty or similar agreements, which we are not privy to. However, we do suggest that you might usefully consult industry standard guidance on such matters, such as is in “EI HM 50: guidelines for the cleaning of tanks and lines for marine tank vessels carrying petroleum and refined products“.
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