当期租租家破产时，船东通常会面临双重经济打击。首先是未付租金损失。其次，由于破产的期租租家未能支付燃油或其他船舶必需品的费用，而导致船东面临供应商扣船的风险。事实上，租家不付租金而导致租约终止的情况下，燃油供应商因期租租家所欠燃油费用，而在数月以后扣船的事件，是十分常见的。
为避免此类事件，实践中采取的方法是，在加油收据(Bunker Delivery Receipt)上加盖“禁止留置”(Prohibition of Lien)标识。以表明，燃油由期租租家购买且不能对船舶行使留置权。但是，这种做法通常不足以阻止留置的发生，因为不能证明燃油的契约或实际供应商在提供燃油前已知晓由期租租家承担燃油费用。
详细信息请参阅附件。
New BIMCO Bunker Clause
When a Time Charterer fails, it is not uncommon for an owner to incur a double financial hit. First, there will be a loss of earnings from hire not being paid. Secondly, an owner may be faced with the arrest of their vessel by suppliers because the now defunct Time Charterer has failed to pay for bunkers or other necessaries supplied to the vessel. Indeed, it is not uncommon for the vessel to be arrested by the Time Charterer’s contractual bunker supplier for non-payment of a bunker stem several months after a time charter has been terminated by the owners for non-payment of hire.
To try to avoid this, the practice has arisen for the Bunker Delivery Receipt to be stamped with a “Prohibition of Lien” Notice on receipt of the bunkers. This will state that the bunkers have been purchased by the Time Charterer and that their supply gives rise to no right of lien against the vessel. Unfortunately, this is often insufficient to prevent a lien arising because it does not prove that the contractual or physical supplier of the bunkers had notice that the bunkers were for Time Charterer’s account before the bunkers were supplied.
See attached file: New BIMCO Bunker Clause.pdf
