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Case 1:07-cv-03397-JGK Document 20-6 Filed 06/21/2007 Page 1 of 3
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Miachart

From: MlachartIoperations@miachart,com}

Sent: Tuesday,April 24, 200710:42 AM

To: 'BBTTradeships'

Cc: 'operations@miacharlcom'

Subject: mlvOmanDevall Repinter

Larry,

Owners will have received in copy Sub-Charterers' message of Sunday 22nd April 2007 treating the

Sub-Charter as discharged. Charterers have also received the following message from Sub-Charterers in

response to the Master's version of events set out in Owners' message of Monday 23id AprH 23 timed at

9:24AM. ' , " ' ,

Qte " , " , , , '

This is,absolutely not true but SorrYto say ~s would be simply ex~cted from MaSter of the )ies'sei\vho"; "'.: :,'",

kicked all parties out of the vessel at their very first day of attendance back on 6 ApriI2007'forth~JQiiif ': ' " ,

, Surveyandrefusedto sign,theJo~tStatement. ' ' ", ~ ' ,

,,' M~srsSuez'~hipy¥,c:i ,and MessrsTecIulical Marjrie:$ervices attended onboard on' '12 Aprl120o1,When: ."::

':,we'even ~questedftom MessrSBSC to infonri:th~ Master of the vessel about their attendance oti'fidanl"""" ',::

to Qheckthe damages and give us the required quotations. When even Master at tf:1etimedid h!i44tQ: ''', ," ,',. "

. Suez Shipyard additional list of damages, different than th,e Joint Statement fmding~ t(rbe~i~paueq:"'" ',' ::"; '" ,--

MessrsSuezShipyardandTMSQuotationson 14April2007., ' ," ",,,: """"',,,':

Later, on Friday 70 April 2007 Messrs Port Said Engineering Works and Workshop UMM Eikotirii ' '

attendedonboarduponourrequestto themandalsoattendedon Saturday21 April2007whCriM:aster'~ ,,' , :

kind ,of kicked them out of the vessel; again. ,"';;',: '

Unqte

In the circumstances, as intermediate Charterers, Charterers must therefore reserve all rights against'

Owners, both in respect of the cost of the repairs and the time lost since 4th April. Clearly, the issue of

the Master's conduct will now have to be resolved in arbitration.

However, the immediate issue in hand is the completion ofthe repairs and the redelivery of the vessel.

As Owners know, the Sub-Charterers have now abandoned the Sub-Charter citing the Master's refusal to

let them proceed with the repairs.

Without prejudice to Charterers' position that these repairs are properly for Owners' account, Charterers

are willing to arrange and pay for the repairs necessary to clear Class recommendations, 122, 124,125,

127 (i.e. those items listed as "to be rectified prior sailing" in the ABS report dd 4th April 2007). This

will be done with full reservation of all Charterers' rights to claim back the time lost, the cost of the

repairs and all Charterers' other losses, from Owners in due course.

However, in order to complete these arrangements, Charterers require Owners' express assurance in

writing that the contractors will be permitted to do this work on board with full co-operation from the

5/22/2007

-,-,.. ,-- --n,n,- - - - ,-",

Case 1:07-cv-03397-JGK Document 20-6 Filed 06/21/2007 Page 2 of 3
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Master and the crew, and that Ovmers will permit the vessel to sail once Class has approved the repairs

to clear items recommendations, 122, 124,125, 127.

Please supply this by return, and confirm that instructions to this effect have been passed to the Master

and that work can proceed as soon as the contractors attend on board.

Brgds,

Miachart

'...' '.'.

." ,

5/22/2007

Case 1:07-cv-03397-JGK Document 20-6 Filed 06/21/2007 Page 3 of 3