acknowledgement) and ask, “if we are unable to follow the instruction in API MPMS Ch 17.9 / EI HM 49 and establish a VEFD, because the ship has not the discharge data required then how should we proceed?” 2. Require that , if we have more than 1 client (usually 2), they both/all agree on the action to be taken . THIS IS THE MOST IMPORTANT ASPECT, as disputes have cropped up because only 1 of the 2 parties has been asked and/or agreed to what is to be done . This is NOT, something that the inspector can decide, it has to be the joint decision of the contracting parties. The current VEF Chapter is specific, and unfortunately does not provide any flexibility on this topic, even though the data to collate a VEFD is rarely available.
The choice of how to deal with this question is now important, as:
- The choice is NOT for the Inspector / Inspection Company to make. We are not in a position to unilateral make the decision between the three stated options. It has to be a decision made by the clients. - There is a liability and claims are being made, based on the published wording being the obligation that inspectors undertake by contract, either explicitly, because the agreement states (or the nomination) “Inspection to follow API MPMS (or industry) norms”. There is no ambiguity here, following the wording is something we sign up to do. The fact that the wording is difficult, even impossible, isn’t the point. The obligation then becomes for us to inform the client(s) that we cannot do as instructed (as per the wording in the document) and ASK THEM what they want us to do instead. THIS IS AN ORDER REVIEW / ORDER ACKNOWLEDGEMENT / CONFIRMATION ISSUE.
For this reason, we must follow the advice of the TIC council members as stated above.
If we use a VEFL on a discharge operation without seeking confirmation from our clients, they can and will come back to us and state that we did not follow API MPMS (or industry) norms, especially if this decision made by us, has impacted them financially. The resolution is simple; do not make the decision in house; simply ask our clients how they want us to proceed, always making sure that when there are multiple clients, they have all agreed and the decision is in writing. DO NOT SIMPLY ACCEPT A VERBAL CONFIRMATION OF AGREEMENT .
This topic was raised as an industry issue with the TIC Council petroleum committee. The TIC Council advice is as follows and should be stuck to rigidly.
- If you can establish a VEFD, use it.
- If you cannot (the 95% case) then you must:
1. Inform all clients of the fact immediately (or in most cases ahead of time in the order
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