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in判決書

臺灣高雄地方法院九十年度重訴字第一一四號

關鍵資訊

  • 裁判案由
    給付油料費
  • 案件類型
    民事
  • 審判法院
    臺灣高雄地方法院
  • 裁判日期
    90 年 04 月 23 日

  • 當事人
    開曼群島商艦橋油料有限公司席力夫.阿提斯(Clive Oatlcy)

       Bridge Oil Limited   Clive Oatlcy             South Bulk Carriers Inc.   Miriam E.Rivera    Achilles 西貿 Geepee Shipping and Trading Inc. Achilles西 廿 使 Section 114(1) Maritime Lien 使 西 Chemoil Corpora tion The marine fuel described herein is delivered in accordance with Chemoil Coporation,s Standard Terms and Conditions of Sale(a copy of which has been provide to buyer prior to delivery) and on credit of the vessel. Any disclaimers as to the creation of a maritime lien in the amount of the purchase price and delivery charhes and/or restrictions as to the authority of the ship,s officer singing this Receipt to bind the vessel and her owner to the above are null and void, unless an authouized representative of Chemoil Corporation shall have otherwise agreed in writing at the Buyer initially orders the marine fuel. Failing such agreement, delivery shall, under no circumstances, constitute a waiver by Chemoil Corporation of the above. Should marine fuels be ordered by an agent, then such agent, as well as the principal, shell be bound by, and liable for all obligations as fully and as completely as if he were himself the principal, whether such principal be disclosed or undiscolosed, and whether or not such agent purports to contract as agent only. NO DISCLAIMER STAMP OF ANY TYPE OF FORM WILL BE ACCEPTED ON THIS BUNKER CERTIFICATE, NOR SHOULD ANY SUCH STAMP BE APPLIED WILL IT ALTER CHANGE OR WAIVE SHELLER'S MARITIME LIEN AGAINST THE VESSEL OR WAIVE THE VESSEL'S ULTIMATE REPONSIVILITY FOR THE DEBT INCURRED THROUTH TRANSACTION. Any notice by buyer that a maritime lien on the vessel may no be created because of the existence in buyer's charter party of a prohibiition of Lien Clause, or for in cash or equivalent prior to delivery. Any notice of such restriction given by buyer, its agents, ship's personnel or other person later than in the initial order shell not effect a modification of the terms of sale except that any granting of credit by Seller is rescinded on receipt of the notice, with full payment due forthwith. These Good/Service are ordered and/or received solely for the account of time charterers and not Owners. Accordingly no lien or other claim against this vessel or her Owners can arise therefore. BUYER Geepee Shipping and Trading Inc. For and on behalf of the "Achilles" her Master, Owner and Operators To: Captain and Owners and Operators and Charterers of MV "Achilles" Geepee Shipping and Tranding Inc. 貿 CaverSignal Oil 退 Any notice by buyer that a maritime lien on the vessel may not be created because of the existence in buyer's charter payty of a prohibition of Lien Clause, or for in cash or equivalent prior to delivery. Any notice of such restriction given by Buyer, its agents, ship's personnel or other person later than in the initiaal order shall not effect a modificaition of the terms of sale except that any granting of credit by Seller in rescinded on receipt of the notice, with full payment due forthwith. These Good/Service are ordered and/or received solely for the account of time charterers and not Owners. Accordingly no lien or other claim against this vessel or her Owners can arise therfore. 114This section shall not confer a lien when the furnisher knew, or by exercise of reasonable diligence could have ascertained, that because of the terms of a charter party, agreement for sale of the vessel, or for any other reason, the person ordering necessaries was without authority to bind the vessel therefore. These Goods/Service are ordered and/or received solely for the account of time charterers and not of Owners. Accordingly no lein or other claim against this vessel or her owners can arise therefore. 114 lien 西 使 西 Thes Goods/Service are ordered and/or received solely for the account of time charterers and not of Owners. Accordingly no lein or other claim against this vessel or her owners can arise therefore. 便 使 使 使Whoever furnishes repairs, supplies, towage, use of dry dook or marine railway,or other necessaries to any foreign or domestic vessel upon the order of the owner or person authorized by the owner,shall have a maritime lien on the vessel. ~B 廿 ~B