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sø- & handelsrettens dombog

- pej udskrift af sø- & handelsrettens dombog ____________ dom afsagt den 12. juni 2013 h-113-09 arrow seismic invest iv ltd (advokat lars rosenberg overby) mod stocznia marynarki wojennej s.a. w upadlosed likwidacyjnej v/kurator magdalena anna smólka (advokat philip søren thorsen) indledning sagen drejer sig om, hvorvidt den ombygningskontrakt, som stocnia marynarki wojennej sa w upadlosed likwidacyjnej (herefter værftet) indgik med arrow seismic invest iv ltd. (herefter ar- row) om ombygning af skibet southern explorer er misligholdt, eller om værftet med rette har tilbageholdt skibet. påstande 2 arrow har nedlagt følgende påstande: 1. værftet tilpligtes at anerkende, at arrow er ejer af skibet southern explorer med de ændrings- arbejder, som er tilføjet skibet, samt eventuelle løsdele, materialer samt udstyr, som arrow har forsynet værftet med, herunder seismisk udstyr. 2. værftet tilpligtes at stille skibet southern explorer til arrows disposition og således ikke tilbageholde dette eller på anden måde forhindre arrow i at flytte skibet. 3. værftet tilpligtes at stille udstyr, herunder seismisk, som arrow har bestilt til southern ex- plorer og betalt, til arrows disposition. 4. værftet tilpligtes at betale modværdien af usd 10.382.478 med tillæg af procesrente fra sagens anlæg den 23. december 2009. 5. værftet tilpligtes at være erstatningsansvarlig for det tab, som arrow efter sagens anlæg vil lide som følge af værftets misligholdelse af ombygningskontrakten vedrørende southern ex- plorer. 6. værftet tilpligtes at anerkende at være erstatningsansvarlig for det tab, som arrow har og vil li- de som følge af utilstrækkeligt vedligehold, pasning og eftersyn af skibet southern explo- rer, mens dette har været tilbageholdt af værftet. 7. værftet tilpligtes at betale usd 2.500.000 for så vidt angår de omkostninger, som arrow skal af- holde som følge af utilstrækkeligt vedligehold, pasning og eftersyn af skibet southern ex- plorer, mens dette har været tilbageholdt af værftet. overfor den af værftet selvstændigt nedlagte påstand har arrow nedlagt påstand om frifindelse, subsidiært betaling af et mindre beløb med renter efter rettens bestemmelse. værftet har over for de af arrow nedlagte påstande taget bekræftende til genmøle over for på- stand 1 og påstået frifindelse for påstand 2-6 og nedlagt følgende selvstændige påstande: 3 1. arrow tilpligtes at betale usd 9.027.441 til værftet med tillæg af renter svarende til danmarks nationalbanks officielle udlånsrente med tillæg af 7 % i overensstemmelse med nedenstående rentekrav: principalt:  af usd 1.740.000 fra den 4. oktober 2008 (rate (v)),  af usd 1.512.945 fra den 25. november 2008 (v.o.),  af usd 135.000 fra den 10. januar 2009 (slæbning),  af usd 3.587.290 fra opsigelsesdatoen den 25. november 2008 (maritime poland),  af usd 392.861 fra den 9. juli 2010 (tilbageholdelsesomkostninger),  af usd 351.671 fra den 10. oktober 2012 (tilbageholdelsesomkostninger), subsidiært at der beregnes renter af usd 8.147.909 fra opsigelsesdatoen den 25. november 2008, af usd 135.000 fra den 10. januar 2009, af usd 392.861 fra den 9. juli 2010, af usd 351.671 fra den 10. oktober 2012. mere subsidiært at der beregnes renter af usd 8.675.777 fra den 9. juli 2010 og af usd 351.671 fra den 10. oktober 2012. 2. arrow skal anerkende at betale alle værftets udgifter hidrørende fra tilbageholdelse af skibet southern explorer, herunder tilbageholdelsesomkostninger, der ikke omfattes af den selvstændigt nedlagte påstand, fra den 1. december 2012 med tillæg af renter svarende til dan- marks nationalbanks officielle udlånsrente med tillæg af 7 %, principalt beregnet fra 1. decem- ber 2012, subsidiært fra tidspunktet fra indgivelsen af processkrift a den 8. juni 2011. oplysningerne i sagen sagens parter arrow er et selskab beliggende i england, som er specialiseret inden for seismiske skibe og seis- misk udstyr mv. selskabet udbyder service vedrørende seismiske og elektromagnetiske produkter. arrow blev i november 2007 opkøbt af petroleum geo-service a/s (herefter pgs). arrow er ejer af 4 ro-ro skibet southern explorer, som frem til den 28. april 2008 hed polar explorer. arrow ønskede at få skibet ombygget til et seismisk skib og indgik aftale herom med værftet. værftet er et polsk statsværft. værftet gik konkurs den 22. december 2009. værftet betragtes i hen- hold til polsk lovgivning som en igangværende virksomhed, men under supervision. konkursboet er indtrådt i sagen. den 4. maj 2007 ankom skibet til værftet. aftalen med senere ændringer den 13. april 2007 indgik arrow aftale med værftet om, at værftet skulle forestå ombygningen af southern explorer. af aftalen fremgår: ” 1 general 1.1 definitions … 1.1.15 owner provided items means all items listed in appendix c (owner provided items) ... 1.1.25 work means the specification work and the variation work. … 1.4 owner’s work 1..4.1 the owner shall be entitle to carry out his own work on the vessel, provided the owner remains responsible for the performance of such work and such work does not interfere with or delay the work. the shipyard shall not be entitled to remuneration for allowing the owner to carry out such work. … 2 performance of the work 2.3 specification, drawings and the owner provided items 2.3.1 the shipyard shall search for defects, discrepancies and inconsistencies (“errors”) in any drawings and specifications provided by the owner and shall arrange for the classifica- tion society to undertake customary verification and/or approval of the same. 2.3.2 the shipyard shall without undue delay notify the owner of any errors discovered or failure to obtain the classification society’s verification and/or approval. … 5 2.3.4 upon receipt of notice from shipyard in accordance with clause 2.3, the owner shall, within 2 working days, either have necessary corrections made, or give the shipyard in- structions in accordance with clause 3 below as to how it shall proceed. 2.3.5 if the shipyard does not notify the owner of an error that it has discovered, or ought to have discovered, and as a result the owner incurs extra costs in connection with the work or loses rights or guarantees, then all such costs and/or losses shall be borne by the shipyard. the same shall apply if the shipyard does not notify the owner of failure to obtain the classification society verification and/or approval. … 3 variations to the work 3.1 variations orders … 3.1.2 when the owner has the right to order variation work to be performed, the shipyard shall without undue delay submit an estimate to the owner, unless the parties agree in writing that it is unnecessary. the owner may require the submission of such es- timate prior to ordering variation work to be performed. the estimate shall contain: (

  1. i)a description of the variation work in question; (
  2. ii)an estimate og any potential effect by the variation work on the steel weight of the ves- sel; (iii) a detailed schedule for the execution of the variation work showing the required re- sources and significant milestones; (
  3. iv)the effect on the contract price, showing the rates used when preparing the estimate; and (
  4. v)the effect on the delivery date, with documentation demonstrating such effect. … 3.2 consequences of variation orders … 3.2.2 on receipt of a variation order or a drawing revision, the shipyard shall implement it without undue delay, even if the effect of the variation order or drawing revision on the contract price, the delivery date, and other provisions of the contract has not yet been agreed. … 3.2.4 the effects of variation work on the delivery date shall be agreed upon in each particu- lar variation order for such work. the owner may require the shipyard to undertake special measures to avoid variation work having an effect on the delivery date, or to limit delays as much as pos-sible. the provisions in this clause 3 shall apply accordingly. … 4 breach of contract 4.1 the shipyard’s liability for defects 4.1.1 the shipyard guarantees: 6 … (
  5. iv)the performance of the work 4.2 the shipyard’s liability for delay 4.2.1 if delivery of the converted vessel is delayed beyond the delivery date, the shipyard shall pay to the owner liquidated damages, as follows: … (iii) 46-60 days usd 12000 per day. 4.2.2 the shipyard’s liability for delay shall not exceed the total of the above liquidated dam- ages for 60 days of delay … 4.3 termination due to the shipyard’s breach 4.3.1 the owner is entitled to terminate the contract with immediate effect by notifying the shipyard when: (
  6. i)the owner is entitled to the maximum liquidated damages pursuant to clause 4.2.1 above; (
  7. ii)the shipyard fails to complete the steel construction within 01 november 2007, or such other date as this date may be varied in accordance with clause 3, 4.4. and 9.1 below; (iii) it is obvious or highly probable that delivery will be delayed more than 60 days; (
  8. iv)the shipyard is in substantial breach of the contract; or (
  9. v)the shipyard becomes insolvent or stops its payments. 4.3.2 upon termination of the contract the owner is entitled to take over from the shipyard the performed work, materials, owner provided items, subcontracts, do-cuments and other rights and objects necessary to enable the owner to complete the work. the shipyard is entitled to be paid for work actually performed and for materials and subcontracts taken over by the owner with this claus 4.3.2, less any amounts due from shipyard to the owner. when the contracts is terminated, the owner shall also be entitled to present the follow- ing claims: (
  10. i)damages for delay in the form of liquidated damages in accordance with the provisions in clause 4.2.1 above, calculated on the basis of the number of days by which the deli- very date would have been exceeded if the shipyard had completed the work; and (
  11. ii)damages for defects and and other breaches of contract. … 5 delivery and acceptance 5.1 delivery 5.1.1 the converted vessel shall be delivered to the owner at the yard on 03rd march. 5.1.2 if the vessel is delivered prior to the delivery date, the owner shall pay to the shipyard a bonus for early delivery as follows: (
  12. i)1-14 days, usd 0 per day; (
  13. ii)15-45 days, usd 6 000 per day: and 7 (iii) 40-60 days, usd 12 000 per day. the bonus falls due to delivery of the vessel from the shipyard. … 5.3 title and ownership 5.3.1 title and ownership to the owner provided items, or any part thereof, remains at all times with the owner. title and ownership to the work passes to the owner progressively as it is performed. title to materials passes to the owner at arrival at the yard, or when paid by the owner, if this occur earlier. 5.3.2 as soon as materials and owner provided items arrive at the yard, the shipyard shall mark them clearly with the owner’s name, as far as possible, keep them separate from other items. 6 price and payment 6.1 contract price 6.1.1 the contract price id usd 17400 000. 6.2 payment 6.2.1 the contract price shall be paid to a bank account to be advised by the shipyard in in- stalments as follows: (
  14. i)usd 3 480 000 three banking days after all subjects persuant to clause 9.4 below have been lifted; (
  15. ii)usd 1 740 000 upon completion of dismantling (iii) usd 1 740 000 upon 50% completion of the steel construction; (
  16. iv)usd 3 480 000 upon 100 % completion of steel construction; (
  17. v)usd 1 740 000 upon completion of pressure tests of integrated hull tanks and connecting pipwork; (
  18. vi)usd 1 305 000 upon first start-up of all new generator sets; (vii) usd 1 305 000 upon completion of flushed hydraulic systems; (viii) usd 1 740 000 on the date the converted vessel is actually delivered to the owner; and (
  19. ix)usd 870 000 60 days after the date on which the vessel was actually delivered to the owner, provided the owner provides the shipyard with a satisfactory guar- antee, securing the owner’s obligation to pay the last instalment. 6.2.2. the owner’s obligation to pay the first and subsequent instalments, excluding instalments number (viii) and (ix), is subject to the shipyard providing the owner with a refund guarantee, in the amount of usd 5 220 000, acceptable to the owner, securing all of the shipyard’s pay- ment obligations under the contract. 6.2.3 any adjustments to the contract price pursuant to clause 3 shall be made in instalment number (viii). 6.3 disputed amounts 8 6.3.1 in the event of any dispute concerning the contract price, hereunder additional payment pursuant to clause 3, the owner shall always be entitled to take delivery of the vessel at the time specified in claus 5.1.1, or the contract is terminated in accordance with clause 4 above or cancelled in accordance with clause 9.1 below, to take possession of the ves- sel, against payment of any undisputed amount and provision of a bank guarantee for any disputed amount. … 8. liabilities and indemnities … 8.3 consequential losses 8.3.1 except as provided in clause 4 above, in no circumstance shall either party be liable to the other party in respect of loss of hire, profit, use or business, or any similar direct, in- direct og consequential loss, damage or expense arising out of or in connection with this contract. …‛ den 15. november 2007 udfærdigede parterne et tillæg, ”addendum no. 1” til ombygningsaftalen, hvor de blandt ændrede punkt 6.2 vedrørende betaling, således at: … (iii) usd 1 740 000 on 16 november 2007, provided the builder has entered into a subcontract with maritime montering as/maritime poland sp. z.o.o. (as evidenced by a written order confirmation issued by the latter) for the supply and installation of accommodation as described in the specification. it is agreed that the first instalment of this subcontract shall be allocated out of this third installment. the owner has further agreed to guarantee and/or effect the builder’s payment obligation to maritime mon- tering as/maritime poland sp. z.o.o. under the aforementioned subcontract. in the event that the owner set effects payment under such guarantee, the owner shall be entitled to set-off such amount against any subsequent instalment or any other sums payable by the owner to the builder. …” den 28. april 2008 udarbejdede parterne et tillæg til aftalen (annex no. 1 (version 2)), hvor leve- ringsdatoen blev rykket fra den 4. marts til den 11. november 2008. endvidere blev det aftalt, at ra- te (
  20. i)skulle opdeles i 2, således at: ”… the first sub-instalment shall be the amount of 2,000,000 usd and paid upon launching of the vessel and the second sub-installments shall be in the amount of 1,480,000 usd and paid upon 100 % completion of steel construction. …” dette var en fremrykning i forhold til den oprindelige aftale. ”variation orders” skulle først have været betalt ved levering. arrow fik endvidere adgang til at hæve aftalen straks, hvis det var klart eller overvejende sandsynligt at det arbejde, der skulle udføres i tørdok, ikke var eller ville være færdigt senest den 15. august 2008. 9 den 19. maj 2008 indgik parterne en ny tillægsaftale til ombygningskontrakten (annex no. 2)., hvoraf fremgår bl.a.: ”…at owners discretion, prepayment of 30 % of the value of a variation order as per clause 3 in the contract may be payable at the date of signing variation order. …” udstyret var oprindeligt ”owner provided items” som defineret i ombygningsaftalens punkt 1.1.15 og appendix c. dette ændrede parterne ved, at der blev indgået novationsaftaler, således at værftet stod for alle leverancer af udstyret. der er i sagen fremlagt et eksempel på en novationsaf- tale, hvoraf det fremgår: ”this novation agreement has been entered into between:

(1)bergen hydraulic as (the ‘seller’)
(2)arrow seismic invest iv ltd (the ‘original buyer’); and
(3)stocznia marynarki wojennej sa (the ‘new buyer’) … 2. novation the original buyer navates the contract to the new buyer and the seller consents to such no- vation on the following terms and condition: … 3) the new buyer assumes the rights and obligations of the original buyer under the contract, including such rights and obligations that have accrued prior to this novation. … 6. reversal of novation if the new buyer defaults under the contract or under any other contract the original buyer, or in the reasonable oppinion of the original buyer such breach is or may be impending, the original buyer may, in his own discretion and by giving notice to the seller and the new buy- er, unilaterally reverset his novation so that the original contractual relationship, between the original buyer and the seller is restored. for the sake of clarity, the seller and the new buyer irrevocably consent to such reversal. …” den 7. oktober 2008 indgik parterne den tredje tillægsaftale (annex no. 3), hvor parterne blandt andet aftalte en ny leveringsdato til den 1. juni 2009. der er mellem parterne enighed om, hvilket udstyr til brug for ombygningen arrow har bestilt og betalt for, men værftet bestrider, at arrow fortsat har ejendomsretten til udstyret. den tekniske dokumentation og tegninger til brug for ombygningen på tidspunktet for aftalens indgåelse havde arrow indgået aftale med g. c. rieber shipping a/s (rieber) om, at selskabet skulle være arrows projektleder på ombygningen. 10 i henhold til aftalen med værftet skulle arrow levere en række tekniske tegninger og specifikationer til brug for ombygningen af skibet. rieber skulle varetage denne opgave for arrow. værftet skulle herefter gennemgå tegninger for fejl. hvis der blev fundet fejl, skulle værftet uden ugrundet ophold underrette arrow herom. arrow skulle godkende al den tek- niske dokumentation. værftet skulle endvidere sørge for, at skibet blev klassificeret hos bu- reau veritas. værftet havde antaget maritime projects sp. z.o.o. (maritime projects) til at forestå det de- signarbejde. maritime projects udarbejdede specifikationer, der er dateret den 12. april 2007. af disse fremgår, at værftet er ansvarlig for produktion og udvikling af de nødvendige tegninger og dokumentation for ombygningen af skibet i overensstemmelse med ombygningskontrakten og specifikationerene hertil, og at udgifterne hertil påhviler værftet. aftalen er vedhæftet ”attach- ment a-drawings and documents” for definition af tegninger og dokumenter, der skulle leveres af arrow. af attachment a fremgår, at nogle af tegningerne var færdige, andre havde status ”to be updated”, mens andre var under udarbejdelse. parterne er enige om, at der forelå forsinkelser med tegningerne, men ikke om hvem der bæ- rer ansvaret herfor. værftet antog senere det polske selskab prorem ship designers & consultants ltd. (pro- rem) til at afløse maritime projects. det var værftets opfattelse, at arrow ikke leverede den dokumentation, som påhvilede dem, hvorfor der 20. juni 2007 blev afholdt et møde, hvortil værftet havde udarbejdet en liste med 77 punkter vedrørende de mangler, som de mente, at der forelå. projektleder jørn-andre sandvær hos rieber fremkom med sine bemærkninger, hvorefter 46 punkter fik bemærkningen ”closed” i betydningen, at spørgsmålet var afsluttet i forbindelse med processen. af bemærkninger fremgår under flere punkter, at flere tegninger skulle revideres. på den tilsvarende oversigt dateret den 1. august 2007 er der 9 udestående punkter. idet der efter værftets opfattelse fortsat var mange ube- svarede spørgsmål blandt andet vedrørende skroget og rørføringen, sendte værftet den 8. august 2007 en formel indsigelse til arrow, hvori de indledningsvist påpegede, at arrow var forpligtet til at besvare værftets henvendelser inden for 2 arbejdsdage. arrow havde undladt at besvare værf- tets henvendelse i 33 dage. værftet påpegede, at: ”… the hull documentation is extremely important for us due the fact of the necessity to start hull works; more over changes in the construction caused by faults in the documentation technical require the acceptance of bureau veritas. 11 … not fulfilling on time your obligations causes the increase of design costs, delays in ordering equipment, what will result in the increase of the convention costs and postponement of the date when the work will be finished ..” indsigelsen resulterede i et møde, der blev afholdt den 14. august 2007 med deltagelse af bl.a. værftets projektleder marek chmielewski og riebers øverste projektansvarlige finn atle hamre og jørn-andre sandvær. af arrows mødereferat fremgår, at fremdriften i ombygningen blev gen- nemgået, at der blev mellem parterne opnået enighed om, at indsigelsen skulle betragtes som en generel advarsel fra værftets side om, at processen med at få den tekniske dokumentation god- kendt skulle afsluttes for, at værftet kunne påbegynde sit arbejde, samt at der ikke forventedes, at der ville indtræde forsinkelse. endvidere skulle indsigelsen fra værftet ikke betragtes som en ”formal delay notice”. det blev aftalt, at tegningerne var blevet leveret rettidigt, men på grund af nogle uklarheder i tegningerne havde værftet valgt ikke at påbegynde ombygningen endnu. uklarhederne skulle afklares straks. af værftets mødereferat fremgår, at rieber er ansvarlig for en række forhold vedrørende rørsystemet samt for levering af dokumentation for godkendelse. den 22. august 2007 sendte projektlederne på værftet, marek chimelewski og tomasz gost- kowski, en e-mail til jørn-andre sandvær, om at de fortsat manglede tekniske oplysninger til brug for ombygningsarbejdet. den 23. oktober 2007 skrev marek chimelewski atter til jørn-andre sandvær og gjorde opmærksom på, at der var tegninger, som de havde modtaget for sent, og som var mangelfulde, samt en række forhold vedrørende æmdringer. af et mødereferat fra et møde den 31. oktober 2007 med deltagelse af bl.a. jørn-andre sandvær og mark chmielewski fremgår 8 punkter, der alle beror på værftets leverandører, der er udpeget af arrow. den 30. januar 2008 blev der holdt et møde med deltagelse af bl.a. marek chmielewski fra værftet og jørgen robinsson fra pgs og jørn-andre sandvær og finn atle hamre fra rieber. af riebers referat fremgår, at værftet oplyste, at forsinket teknisk dokumentation (technical clarifica- tion) fra arrows side var skyld i forsinkelser, hvilket arrow bestred, og at værftet havde ikke do- kumentation for udsagnet. værftet erklærede, at ombygningen ikke på dette tidspunkt blev for- sinket på grund af manglende teknisk dokumentation fra arrows side. værftet blev samtidigt gjort opmærksom på, at det efter underskrivelsen af novation agreement i august 2007 var det værftets ansvar at skaffe al teknisk dokumentation. om prorem fremgår, at de er generelt langsomme til at svare og levere, hvilket synes at skyldes mangelnde ressourcer, og værftet var også af den op- fattelse, at det skyldtes dårlig projektøkonomi. dette mødereferat blev sendt pr. mail den 3. marts 12 2008 sammen med referater af møder afholdt den 28. oktober og 15. november 2007 til værftet, der samme dag svarede, at de anså hovedproblemet for projektet var dokumentationen. den 1. marts 2008 hævdede værftet atter, at ventetiden på korrekt teknisk dokumentation havde medført, at projektet var blevet forsinket med 3 måneder. rieber besvarede værftets hen- vendelse og gjorde det klart, at de var utilfredse med, at detaljeringsgraden i spørgsmålene, fordi det med en dårlig beskrivelse var meget vanskeligt eller umuligt for dem at korrigere tegningerne. parterne udarbejdede på denne baggrund et ”letter of consensus”, hvori de bekræftede, at 74 åbentstående punkter blev lukket, og der blev oprettet et fælles spørgerum. oversigten over spørgsmålene viste, at værftet på dagen, hvor arrow opsagde aftalen fort- sat havde spørgsmål, som ikke var blevet besvaret af rieber. den 11. marts 2008 holdt parterne et møde, hvor arrow gjorde det klart at hensigten ifølge aftalen og specifikationerne var, at det var værftet, der var ansvarlig for tegningerne og den tekni- ske dokumentation, hvilket der også havde været en fælles forståelse for under kontraktforhand- lingerne. dette kunne parterne dog ikke blive enige om på mødet, hvorfor der blev indgået et kompromis, hvorefter: “yard was asked to give a price for delivering some of the arrangement drawings in the poe list of drawings. gcr will revert to yard with a formal request (yard has alredy been asked for a price for this some months ago)” værftets underleverandør maritime montering/maritime poland sp. z.o.o. den 20. november 2007 indgik værftet underleverandørkontrakt med maritime poland sp. z.o.o. om indlogeringsudstyr til skibet. det blev blandt andet aftalt, at: ”… §3 … 1… 1.1. 5% of the contract price as an advance payment of pln 478,500.00 payable within 5 days from receiving the repayment guarantee issued by a bank or insurance company; 1.2. 40% of the contract price as an advance payment and pln 3,828,000.00 payable within 5 days from the commencement of work on the vessel by contractor in exchange for the re- ceived repayment guarantee issued by the bank or insurance company. … 2. the wording o such repayment guarantee must be accepted by the ordering party and/or the ordering party’s bank. …” 13 den 15. april 2008 skrev jörgen robinsson til jeroen hoogeveen, vice precident projects hos pgs, at værftet tilsyneladende havde problemer med at betale maritime poland. det fulgte af afta- len, at arrow skulle betale, hvis værftet på nogen måde fejlede med betalingen. med henvisning til denne aftale havde værftet anmodet maritime poland om at henvende sig til arrow. afslut- ningsvist spurgte jörgen robinsson, om han skulle anmode værftet om at få kopi af fakturaerne. de følgende dage korresponderede jörgen robinsson og jeroen hoogeveen omkring problemstil- lingen, herunder om hvorvidt arrow havde en forpligtelser i denne henseende. den 7. maj 2008 blev der udstedt en proforma faktura, hvoraf det fremgår, at arrow den 28. april 2008 betalte usd 1.270.241 til maritime poland. hændelsesforløbet, herunder betaling, leveringstidspunktet og adgang til at hæve kontrakten arrow udarbejdede uge- og månedsrapporter over den forventede fremdrift i projektet og den fak- tiske fremdrift. månedsrapporten for januar 2008 viser, at ”actual mounting onboard” var på 30 %, forventet ”mounting onboard” var på 70 %, actual steel production (paintet) var på ca. 55 %. dette arbejde havde man forventet, ville være færdigt i midten af uge 48 2007. det fremgår af rap- porten, at værftet havde øget antallet af værftsarbejdere, hvilket arrow vurderede havde hjulpet på fremdriften, selvom det kunne have været bedre. den 11. marts 2008 holdt parterne et møde, hvor de blandt andet drøftede health security envirement (hse) -standarden. i ugerapporten for uge 17 2008 skrev arrow blandt andet, at det efter al den kritik, som de havde fremsat over værftet gennem det forløbne år, var det imponerende, hvor effektivt værftet havde installeret ”propeller nozzles”. dette beviste over for arrow, at værftet var i stand til at ar- bejde hurtigt og professionelt, hvilket de håbede, ville fortsætte, til projektet var bragt til ende. den 13. april 2008 oplyste rieber over for prorem, at der var problemer med at få svar fra gea ecoflex, der var en af værftets underleverandører. den 25. september 2008 gjorde arrow værftet opmærksom på, at de var meget bekymret for, om værftet ville være i stand til at levere skibet den 11. november 2008 eller i nær tilknytning til denne dato. det var deres opfattelse, at situationen krævede en ny handlingsplan. det var tydeligt for dem på baggrund af en sammenligning med lignende projekter udført på andre værfter, at: ” … scheduling of material supply, low number of workers onboard, coordination of work tasks and poor payment record all contribute to slow progress. 14 …” samme dag bekræftede arrow i en e-mail til værftet, at repræsentanter fra arrow ville an- komme til værftet den 29. september 2008, hvor de blandt andet skulle drøfte forholdene omkring leveringsdatoen. på dette tidspunkt var fremdriften, der ikke fra værftet side var opdateret siden uge 35, på 50 %. det var fra arrow side vurderet, at fremdriften fortsat var på dette niveau. efter den plan, som værftet havde udarbejdet, skulle fremdriften have været på lidt over 70 %. af det referat, der blev udarbejdet af arrow, fra mødet den 29. september 2008 fremgår det blandt andet, at værftet indrømmede, at der var en væsentlig forsinkelse på projektet. forsinkel- sen var i realiteten et brud på ”addendum 1”. leveringsdatoen den 11. november 2008 plus 30 da- ge var blevet bekræftet. værftet skulle opdatere projektplanen med en leveringsdato, der hed den 30. april 2009. uge 40 begyndte med et møde mellem parterne, hvor værftets finansielle situation blev drøf- tet tillige med, hvordan man kunne sikre, at værftets underleverandører fik betaling. der var på dette tidspunkt ikke ifølge arrows ugerapport sket yderligere fremdrift på projektet. af ugerapporten for den efterfølgende uge fremgår det, at man vurderede, at stadet for om- bygningen var på 50 %, og man forventede, at skibet ville kunne blive leveret den 1. juni 2009. det var ikke noteret yderligere fremdrift på projektet. den 7. oktober 2008 indgik parterne den tredje tillægsaftale (annex no. 3), hvor parterne blandt andet aftalte en ny leveringsdato til den 1. juni 2009. det var en betingelse for aftalen, at værftet sikrede, at alle de aftaler, der var indgået med projektets underleverandører, fortsat var ”valied and in force”. det var endvidere en forudsætning, at parterne blev enige om en handlings- plan (action plan). handlingsplanen ændrede ikke på de pligter, som værftet havde i henhold til ombygningskontrakten, eller på de rettigheder, som arrow havde i henhold til ombygningskon- trakten. det blev endvidere aftalt, at værftet skulle oprette en ”joint signature bank account”. beg- ge parter skulle acceptere de transaktioner, der blev foretaget fra kontoen. kontoen skulle anven- des til at betale værftets underleverandører eller andre, der var tilknyttet projektet. afdragene i henhold til kontrakten skulle indbetales på denne konto. afdrag (
  1. v)var ikke forfaldent til betaling, forinden kontoen var oprettet. som en del af annex no. 3. accepterede arrow endvidere, at den garanti, som værftet havde stillet i henhold til ombygningskontraktens punkt. 6.2.2 blev frigivet, mod at den sikkerhed, som værftet havde stillet i forbindelse med oprettelsen af garantien, blev 15 overført til den fælles bankkonto. hvis annex no. 3 ikke blev efterlevet, så skulle det betragtes som brud på ombygningskontrakten. endvidere blev det aftalt, at: ”… 9. the owner shall have the right to terminate the contract with immediate effect following 7 days written notice to the shipyard, irrespective of, and in addition to, clause 4.3.1 in the con- tract. clause 4.3.2 in the contract applies to a termination in accordance with this clause 9. …” ifølge den handlingsplan, der blev udarbejdet, skulle værftet sikre, at der dagligt som minimum var 200 mand beskæftiget på skibet, eventuelt i 2 holdskift. arrow kunne endvidere ansætte en ekstern teknisk konsulent som koordinator, som værftet skulle involvere i ombygningsarbejdet. værftet skulle endvidere sikre sig, at underleverandøren prorem var fuldtidsbeskæftiget med projektet. omkring den 16.-17. oktober 2008 etablerede parterne en fællesunderskriftskonto i nordea, som det var aftalt i annex no. 3, og den sikkerhed, som værftet stillede i forbindelse med kontrak- tens indgåelse, blev frigivet. der blev oprettet en konto i usd og en i pln. den 17. oktober 2008 skrev en af værftets underleverandører, at de kunne forstå, at en ”pic- ture mimic” skulle være en del af projektet. dette var ikke oprindeligt en del af aftalen, og dette ville medføre en merpris på 3.000 euro, og det ville medfører forsinkelser. i uge 42 2008 antog arrow mr. henryk peplinski som ekstern konsulent til at kontrollere og hjælpe værftet. i den efterfølgende uge hørte arrow rygter om, at værftet var truet af konkurs. arrow ophævede kontrakten og værftet tilbageholdt skibet af månedsrapporten for september 2008 fremgik blandt andet, at arrow forventede at skulle beta- le 30 % af variation order 022, straks den nye konto var oprettet, og de modtog et faktura. beløbet, der skulle betales, var på usd 1.125.00. i uge 37 2008 skrev arrow i deres ugerapport blandt andet, at der var aktivitet overalt på skibet. aktivitetsniveauet forekom at være forøget sammenlignet med tidligere uger, men antallet af beskæftigede på skibet var ikke forøget. det fremgår videre, at der var et betydeligt udestående mellem høglund marine automasjon as, der var en af værftets underleverandører, og værftet. i ugerapporten er indsat en e-mail af 12. september 2008 til værftet fra høglund marine auto- masjon as, hvoraf det fremgår, at: ”… 16 according to our agreed payment schedule we should have received 100 000 euros this week. this we have not received. an urgent swift to our account today will be accepted, or the project work will suspended. …” ved faktura af 20. oktober 2008 gjorde værftet krav på betaling af afdrag (v). den 23. oktober 2008 skrev prorem til jörgen robinsson og oplyste, at de ikke havde mod- taget betaling, og at de ikke kunne arbejde på denne måde. de ville standse deres arbejde med pro- jektet, indtil de modtog betaling. den 27. oktober 2010 havde de fortsat ikke modtaget betaling. samme dag skrev jörgen robinsson til prorem, at han afventede en tilladelse, men han havde in- formeret værftet om, at de straks skulle betale prorem og få refunderet beløbet fra den fælles konto, som parterne havde oprettet. ved brev af 24. november 2008 hævede arrow kontrakten, under henvisning til annex no. 3, med 7 dages varsel. det fremgik endvidere: ”… the parties must immediately initiate the necessary actions for a proper settlement of the con- tract in accordance with clause 4.3.2… …” den 27. november 2008 skrev morten grønvigh, der var juridisk konsulent hos pgs, til jörgen ro- binsson, der var senior superviser hos pgs, at han kunne forstå, at der var stillet spørgsmål om- kring årsagen til, at arrow havde opsagt aftalen. morten grønvigh oplyste, at aftalen var hævet i medfør af annex no. 3 punkt 9. bestemmelsen gav arrow ret til at hæve kontrakten uden nærme- re grund. det fremgår videre, at: owner can base the decision to terminate the contract on other matters then the delayed deli- very of the vessel e.g. the owner can base the decision on need of cost savings and reduction in investments to meet the global financial crises, or the owner can have a foresight that there will be decreased demand in the market for seismic vessels giving reason for lay up of vessels. … jörgen robinsson videresendte morten grønvighs svar til marek chmielewski. den 28. november 2008 udsendte værftet en pressemeddelelse, hvoraf det fremgik, at årsagen til, at arrow havde hævet kontrakten, var: ”the reduction of costs and the limitation of investments caused by the global financial crisis”. 17 efterfølgende forsøgte parterne at finde en mindelig løsning. den 18. december 2008 anmo- dede værftet om betaling af den tidligere fremsendte faktura på krav vedrørende afdrag (
  2. v)samt på betaling af ekstra arbejder, materialer indkøbt til ombygning af skibet og det beløb som arrow havde betalt direkte til maritime poland, i alt usd 8.105.535. samme dag havde værftet tillige sendt et brev til arrow, hvoraf det fremgik, at værftet ville tage vare på skibet frem til den 15. ja- nuar 2009 og ville ”complete all necessary steel works having written order for agreed price of 135.000 usd and agreed scope of work”. den 29. december 2008 rykkede værftet for betaling på i alt usd 3.245.535 i henhold til brevene af 18. december 2008 og møderne, der var blevet holdt mel- lem parterne den 12. og 16. december 2008. den 23. januar 2009 underrettede værftet arrow om, at de tilbageholdt skibet. de af arrow rejste krav for så vidt angår det af arrow rejste krav om erstatning for forgæves afholdte omkostninger, har arrow udarbejdet en oversigt, der viser, at arrow har haft udgifter til eksterne virksomheder for projektmanagement, supervision, forberedelse af bugsering, forsikring, rejseomkostninger, opbe- varingsomkostninger og transportomkostninger på i alt usd 853.444. arrow har opgjort sit krav til forgæves afholdte omkostninger til usd 4.045.246. arrow har opgjort omkostninger, som de ville skulle afholde ved at få færdigbygget skibet på et andet værft til usd 6.559.252. arrow har opgjort værdiforringelsen af skibet og det seismiske udstyr under tilbageholdel- sen til usd 1.509.578. beregningerne er foretaget på baggrund af oplysningerne i forsikringsbetin- gelserne. arrow har opgjort de omkostninger, som de ville skulle afholde på grund af manglende ved- ligehold, pasning og eftersyn af skibet, herunder udgifter til turning og komplet hovedeftersyn af hovedmaskiner og øvrige maskiner på skibet til usd 2.500.000. der er i denne forbindelse fremlagt et overslag på et hovedeftersyn fra hoerbriger service nordic as, som viser at udgiften vil beløbe sig til usd 2.572.600. ejerskab til materialer og udstyr under henvisning til værftets manglende opfyldelse af ombygningskontrakten og den dermed følgende ophævelse af aftalen benyttede arrow sig herefter af klausulen i punkt 6. og omgjorde de 18 indgåede novationsaftaler. det er ikke fra værftets side bestridt, at arrow har givet meddelelse herom til sælgeren og værftet. ekstra arbejder der er mellem parterne enighed om, at værftet har et krav for udførte ekstra arbejder. kravet er af værftet opgjort til usd 1.663.880. arrow har opgjort kravet til usd 1.656.470. den 27. oktober 2008 sendte værftet en faktura til arrow, hvor de opkrævede usd 118.668 som forudbetaling på 30 % af værdien af ekstra arbejderne, der var benævnt 22, 30 og 38. den 4. maj 2010 udstedte værftet yderligere en faktura på udførte ekstraarbejder på i alt usd 111.258. parterne er enige om, at arrow har betalt usd 150.935 af det beløb, som arrow har opgjort kravet til. differencen udgør usd 1.505.535. værftets krav værftet har opgjort værdien af udstyr, som værftet har indkøbt til brug for projektet til usd 3.587.290. værftet har opgjort tilbageholdelsesudgifterne til usd 937.033, hvoraf usd 133.356 er udgif- ter til den vagt, der holder opsyn med skibet. skønsrapporten skibsarkitekt søren vester har været udmeldt som skønsmand. af skønsrapporterne fremgår bl.a.: skønsrapporten af 4. maj 2012 based on the findings of the surveyor, the market value of mv “southern explorer" has been estimated by dipl.-ing. bernd holst of ingenieurbüro weselmann gmbh. the value of the vessel is based upon the current condition / completeness of the conversion into a seismic research vessel and taking into account the equipment already supplied for installation. two values will be provided. one for the estimated market value of the vessel and one value based upon a forced sale of the vessel in the current stage of construction. … 19 1. background information the vessel was originally built as a ro/ro - container ship and was trading as such until the conversion into a seismic research and support vessel was commenced in 2007. … 2. valuation survey of the vessel was carried out in order to ascertained the extent of conversion work carried out by the yard in accordance with the scope of work specified in the agreements and conversion specification. the extent of the completion of the conversion is estimated and furthermore the quality of the work per- formed appraised by the undersigned surveyor. additionally, the condition of the equipment both in- stalled on the vessel as well as stored in the warehouse of the shipyard will be assessed. the value of the vessel and the seen equipment on the vessel and in the warehouse will be appraised both in the current market valuation as well as in their valuation based on a forced sale. 3. documentation available for the valuation … 4. conversion contracts and specification … 5. general description of the vessel / conversion the surveyed vessel was originally constructed as a double propelled ro/ro - container vessel which was being converted into a vessel for seismic research and support operations. the vessel is designed with two medium speed 4 stroke main engines, which each via a reduction gear is connected to a controllable pitch propeller. the vessel was originally built at orskov christensens staalskibsvaerft a/s in frederikshavn, denmark as a hull number 177 and according to the rules of lloyds register of shipping (
  3. lr)and was delivered in the december 1992 the vessel is built with bulbous bow, raked stem, raised forecastle and transom stern. accommodation is located forward and machinery is located aft. the machinery and controls are designed for automatic unmanned machinery space. ballast tanks are arranged as double bottom tanks, side tanks, aft peak tank and as fore peak tank. the vessel was originally designed with one cargo hold and equipped with 2 cargo cranes at port side as well as stern ramp. the entire cargo arrangement has been changed with the conversion. here additional 20 accommodation, service rooms and seismic areas have been built. below is a photo of the original vessel taken before the conversion (top) and a photo of the vessel in the present stage of conversion (bottom). 5.1 conversion the main items of the conversion are: • removal of original hatches, stern ramp and cranes. alteration of cargo area. • arrangement of a new main deck/gun deck and tween deck including topside structure and ser- vice rooms. • installation of gun winches and gun handling equipment • installation seismic arrangement including double streamer winch with spooling device and tow- ing point at stern. 21 • arrangement of new mgo bunker tanks below main deck • arrangement of a hangar deck with helicopter deck aft, dimensioned to handle a helicop- ter of type super pumpa as 332l2 • arrangement of new large accommodation forward. all new cabins, services rooms, equip- ment, etc. • new bridge arrangement. installation of new azimuth bow thruster • arrangement of new auxiliary engine room with installation of three auxiliary generators includ- ing switchboard, alarms and automation • arrangement of new compressor room with installation of three hp air compressors. • original propulsion system to be overhauled and re-used with smaller modifications. • overhauling of original machineries and equipment. installation of additional smaller equip- ment as required for the operation. 5.2 variation orders … the valuation is based on the current condition of the vessel as found during the survey. insofar the variation orders, which have been executed, are taken into consideration for the valuation of the vessel. 5.3 pre ordered equipment (poe) some of the equipment were pre-ordered by the owner and the contracts transferred to the shipyard and the supply of these items are a part of the contract. main poe “pre ordered equipment”: • thruster unit • generator sets • lmf compressors • seismic winches and related equipment • hvac • mob boat and davits • deck crane • incinerator • seawater coolers 22 • bilgewater seperator • propulsion: nozzles and blades the owner has entered into contracts for the supply of certain items ref. attachment b to the contractual documents. 6. general particulars … 6.1. measurement and tonnage particulars … 6.2. accommodation the accommodation has been rearranged and renewed in order to suit the new requirements for 45 per- sons in: • 4 suites, each with toilet/shower unit • 36 single cabins, each with toilet/shower unit • 2 single cabins with extra pullman beds, each with toilet/shower unit • 1 hospital with toilet/shower unit • service area for efficient performance of seismic operation, including client dedicated areas. 6.3. speed and consumption … 7. vessels documents the conversion of the vessel is been done in accordance with the rules of the classification society bureau veritas. according to public available information, the vessel was disclassed in september 2011. the vessel was to be converted in full compliance with the flag state requirements of nis (norwegian international ship register). upon completion of the vessel the flag was to be changed to bahamas currently, the vessel is registered in nassau, bahamas. 7.1. class reports not seen. 8. seismic arrangement below is a short description of the arrangement of the seismic equipment to be mounted during the conver- 23 sion. the seismic installations are to be arranged as below: • gun deck arranged aft with a total length from stern to forward bulkhead of about 38 meters with two stern gates. • two
(2)gun handling beams shall be installed below hangar-/helicopter deck. • four
(4)double gun winches installed at forward part of gun deck • "odim type" storage arrangement for gun arrays installed below hangar deck • eight
(8)auxiliary winches located at gun deck for handling of equipment • two
(2)hydraulically operated booms located below hangar deck in way of stern gates for safe and easy retrieving of gun equipment from the sea • three
(3)electrical driven (frequency controlled) high pressure air compressors located at tank top. • one
(1)double streamer winch located in streamer room • one
(1)double spooling devices locate abaft the streamer winch • one
(1)towing point located below hangar deck at stern sb and port (deck structure reinforced for future installation of two
(2)towing points) • a complete hp (high pressure) air distribution pipe system. • one
(1)chute installed between spooling device and towing point. • one
(1)hydraulic driven spooling device shall be installed on hangar deck
  1. tank capacities … new tanks were made in order to increase the mgo storage and for storage of the various fluids for the seismic operation.
  2. deck machinery 2 pcs combined anchor mooring winches with 1 rope drum and 1 warping end on the forecastle deck maker: unknown …
  3. navigational and radio station equipment 24 the bridge is to be equipped with new and very modern navigational and radio equipment supplied from reputable manufacturers …. all navigational and radio equipment will be renewed. the equipment to be installed is of a very modern standard. detailed specification of the supplied navigational and radio equipment was not provided during the sur- vey.
  4. life saving appliances and fire fighting equipment lifesaving, safety and emergency equipment in general are to be installed in full compliance with re- quirements from class, regulatory bodies and flag state. the lifesaving equipment shall be based on a to- tal of 45 persons. … the existing fire/deck wash system shall be rearranged and extended to cover the new arrangement. exist- ing fire pumps overhauled and re-used. emergency fire pump renewed. an additional fire pump for the helicopter deck is to be installed.
  5. machinery … 13.
  6. propulsion plant … alarm and automation system: existing alarm and automation system shall be replaced by a new integrated control and auto- mation system (icas) maker: unknown … cp propellers with nozzles (2 pcs): maker: man b&w alfa diesel a/s type: vb740 no. of blades: 4 the existing propeller blades have been replaced with new blades. a new propeller nozzle has been installed around each of the propellers. 13.
  7. auxiliary plant auxiliary engine no. i - iii: … three new 16 cylindered, 4-stroke, direct injection and turbo charged auxiliary engines have been installed. 25 emergency generator: … the new emergency engine is not yet mounted on board. the engine is still stored at the warehouse at the yard. generator no. i - iii (new): … new generators. … emergency generator: … the new emergency generator is not yet mounted on board. the generator is still stored at the warehouse at the yard. 13.
  8. additional machinery … swing-up azimuth thruster: … all new arrangement. … incinerator: … the above mentioned incinerator from another of the owner’s vessels is intended to be installed. not yet installed or delivered at the yard. …
  9. survey of the vessel at the time of survey the vessel was lying at the pier of the yard. no work has been carried out since the contract was terminated in november
  10. there is one watch man on the pier controlling the access to the vessel and the owner has engaged one engineer to make a visual inspection inside the vessel on a weekly basis. 26 below is a description of the stage of conversion and comments regarding the technical condition found during the inspection. the various major sections of the vessel are separately described according to pro- vided specification and general arrangement. firstly the hull and superstructure and thereafter the various compartments of the decks from aft to forward and starting from the ballast tanks and up to the bridge deck. during the survey of the vessel the following had been found: 14.
  11. hull (photo: hull 1 – 44) completion remarks hull steel structure completed work on the hull has been completed. repairs at the forward starboard side of the hull damages have been made according to the re- quirements of the class. small indentions were found along the hull though nothing requiring repair. standard of workmanship is considered to be good and the rudder completed general rudder double system of theinstalled. condition hull is satisfactory. propeller completed new propeller blades mounted. the vessel is now fitted with propeller nozzle. all works are completed. bow thruster completed bow thruster overhauled. swing up thruster installation completed mounted and installed. not yet commis- / commissioning not sioned. yet made. leakage from one pipe connection caused partly flooding in the room. leakages repaired, top side coating completed the thoughtopside has not is systemcoating beencompleted and was tested since. found in good condition. anti fouling coating completed completed before the launching in august
  12. only upper approx. 1,5 m visible. fender marks evident but condition of visible part is still adequate. marine growth visible on the under- water part of the anti-fouling. dry docking with proper hull cleaning and repair of anodes completed the anti- were fouling anodes is required replaced before delivery. as required before the launching in august
  13. condition of the anodes has to be verified during final docking before delivery. anodes to be replaced as requi- icaf installation completed red. an impressed current anti-fouling-system / commissioning not (icaf) for prevention of marine growth in yet made. the sea chest has been installed. all outside works have been completed in the dock. the system not yet completely installed and not yet com- missioned. additional comments: 27 it can be stated that the hull is well built according to good standard of workmanship. generally the shell plating was found without class influencing indents or damages. some mooring indents were found along the hull. these mooring indents are relatively small and do not require repairs. in the forward part of the starboard side, repairs of indentions have been made according to the requirements of the classification society. the coating of the hull was renewed when the vessel was in dry-docked in summer
  14. the top side coating was found in good condition. only the lower part of the antifouling areas was visible. the vessel will require to be dry-docked again be- fore final delivery, in order to remove marine growth and to repair the antifouling as required after four years in the water. 14.
  15. superstructure (photo: superstructure 1 – 9) completion remarks steel work completed the steel structure for the superstructure has been completed. quality of steel work is in order and made according to good standards. topmast steel work constructed of the top mast has been completed. not completed. the mast is not yet mounted and is mounted currently stored on the aft deck. radars / antennas /etc. not installed brackets and foundations are constructed and mounted, though the equipment not yet installed. no cabling is yet done. doors completed water / weather tight doors have been installed. good standard. windows completed windows have been installed. good standard. coating partly completed coating is partly completed on the front and sides of the superstructure. deck and aft part of superstructure is only coated with the first coat. here the final coating has not yet been applied. some superficial corrosion evident, though ex- tent is considered limited. additional comments: the steelwork of the superstructure has been completed including installation of windows and wa- ter/weather tight doors. the standard of workmanship for the steelwork can be appraised as good. the forward part of the structure has been reused, whereas a new aft part has been constructed by the shi- pyard during the conversion. the outer part of the superstructure has been painted though the upper decks as well as the aft part on the c-deck are only preserved with first coat. the first coat appears to be of good standard and properly ap- plied. the steel is still sound and in good condition, though areas of superficial rust were ascertained. 28 the steel structure is not considered affected by the long lay-up period of the vessel. 14.
  16. tanks (photo: ballast tanks 1 - 8) completion remarks steel work completed the conversion included an increase in the mdo tank capacity. all steel work for the new tanks has been completed. the original ballast water tanks were inspected before the conversion and steel repairs were made according to the requirements of the class. internal survey of ballast tank made during the inspection. condition of the inspected ballast water tank is good. steel is considered sound and visually the diminution of material thickness is insignificant. zinc anodes in the ballast completed new zinc anodes installed in the ballast water tanks tanks. as the tanks are currently mainly either completely full or empty, the wastage of the zinc anodes is very limited. piping completed the pipe system in the tanks is completed. the original pipes in the ballast tanks have been reused as much as possible. renewal has been made as required. standard is in order. coating completed coating is completed. acceptance papers have been presented by the yard. inspected ballast tank was found in a well painted condition. additional comments: as mentioned above modifications were made in way of the tank configuration for mdo. the vessel is now designed with large mdo tanks for longer endurance capacity. all steelwork has been completed and accepted by class and owner. during the survey only one ballast water tank was available for internal inspection, as all other ballast tanks were full. the tank was found in a well painted condition. the steel is sound and no evident diminu- tion of material thickness was ascertained. the general standard of the steel work is good. steel renewal of wasted areas in the ballast water tanks has been carried out according to the requirement of the class. according to the information provided from the shipyard, extensive steel renewal in the bal- last tanks were carried out during the conversion. as not all the ballast tanks were available for internal inspection, the amounts of steel renewal in each of the tanks could not be verified during the inspection. yard, owner and class however agree, that the ballast water tanks are now in good condition and well preserved. the ballast tanks are currently filled with fresh water in order to minimize the risk of corrosion. further- 29 more the ballast tanks are either kept full or empty which is reducing the oxidation and possible corrosion development. the existing ballast system has been removed and a new modified ballast system, based dedicated suction lines to each individual tank has been installed. the existing ballast pumps have been overhauled and reused. 14.
  17. tank top lower main engine room (photo: lower main engine room 1 - 41) completion remarks steel work completed no major changes made to the steel structure. foundations for the new separators are to be in- stalled. steel work generally considered com- pleted. equipment (original) installed. original equipment to be reused is mounted. generally not overhauling of main engines has not been overhauled. made. main engines are preserved with oil though not turned. thorough assessment and overhauling of both the main engines / propul- equipment (new) in process sion system pumpsis and new required before coolers havedelivery. been mounted though the installation is not completed. new separators are stored and not yet mounted. pipes in process the piping work is well in process with many pipes installed. some of the pipes are however not finally welded. cables in initial stage the cabling exhaust is still system fromin the engines early very to stage. cable be made. trays have been installed. only few cables have been laid, though not fixated on the cable trays or connected. installation / commissioning in initial stage / the installation of the new equipment is still not commenced at an early stage. most of the new equipment has been mounted, though not yet connected. commissioning of the new as well as of the original / overhauled equipment has not yet coating not commenced only original coating. final coating to be been done. applied additional comments: in the lower engine room, the two main engines including the reduction gears and shaft generators are in- stalled. propulsion system is from reputable manufacturer and of a well proven type. the output of the engines might be in the lower range for the type of vessel, though still considered sufficient. the undersigned surveyor did not obtain any information for the equipment regarding running hours, overhauling data, measurements etc. the main engines were scheduled to be overhauled during the con- 30 version and the ship was to be delivered with complete overhauled main engines. this work has not yet been carried out. the main engines have been filled with preservation oil. this was reportedly done at the time of cancella- tion of the contract in november
  18. since that nothing has been done on the engines and the engines are not turned on a regular basis. though the engines have been preserved with preservation oil, the risk of humidity entering into the internal parts of the engine is evident. the engines will require complete over- haul before taking into service and it needs to be verified that all components in the engines are still in a proper workable condition and suitable for further use. the reduction gears and shaft generator are also to be checked/ overhauled as required. no information regarding any work done on these items were ob- tained. no leakages from the shaft seal were found. new cooler found mounted but not yet connected with pipes / cables. cunife pipes have been installed. standard of workmanship appears, according to visual inspection, to be in order. new separators have been delivered and are stored in the lower part of the engine room though are not yet mounted. new pumps have been installed inside the lower engine room though not yet completely installed. piping has commenced but is not completed. some of the pipes are already fitted and completely welded, howev- er many pipes were seen in the process of being installed and with final welding still outstanding. cabling in the lower engine room has not yet been done. the engine room was found dry and no leakages were ascertained. as the work was stopped during the construction process, the engine room was found rather dirty/untidy. some of the equipment is covered with plastic, though most of the equipment was found unprotected. final coating inside the engine room had not yet commenced. assessment of the installed equipment should be made by service engineers / manufacturers before commissioning, in order to verify the condition after the lay up period. compressor room (photo: compressor room 1 - 25) completion remarks steel work completed steel work is completed. standard is good. 31 equipment in process / all equipment in the compressor room is new. generally all the large compressors for seismic operation mounted but have been mounted on the foundation. switch installation not board, pumps, pipes, coolers, etc. have also completed. been mounted. not yet installed. pipes in process the process of the pipe installation is well advanced, though not yet completed. most pipes have been installed but final welding of few pipes is still outstanding. cables in initial stage cable trays have been installed. few cables laid but not connected. cabling considered being at a very early stage. installation / commissioning in initial stage / the compressors, pumps, coolers, etc. are not commenced mounted though installation is not completed. no commissioning has begun. coating commenced coating has in some areas been commenced. not completed. additional comments: a new compressor room has being built inside a part of the previous cargo hold. the compressor room is connected to the lower engine room via a water tight door. inside the compressor room, three new very large compressors for the seismic streamers are mounted. installation is not yet completed. large parts of the pipes in the room are mounted though some not finally welded. the stage of the piping work is considered to be well in process but not completed. the steelwork is completed and considered to be order. cable trays are mounted under the deck above. some cables are laid however not connected. all equipment in the compressor room is new. the compressor room was found in a relatively tidy condition; though it is evident the work was stopped during the construction phase. some parts of the equipment were partly covered, however not all. the compressors were filled with preservation oil before the work was stopped. condition of compressors should however still be assessed by the manufacturer. auxiliary engine room (photo: auxiliary engine room 1 - 9) completion remarks steel work completed completed. foundations for the new auxiliary engines built. quality of steel work is good. equipment in process / all equipment is generally all new. mounted but three new auxiliary engines mounted. filled installation not with preservation oil and covered. switch board, completed. pipes, pumps, coolers, etc. have also been mounted. pipes well in process exhaust well mostengines system from in process. to be made. pipes mounted and fully welded. few pipes connections are not completed. 32 cables in initial stage cable trays have been installed. few cables laid but not connected. cabling considered being in a very early stage. installation / commissioning in initial stage / the auxiliary engines, pumps, coolers, etc. are not commenced mounted though installation is not completed. commissioning has not yet begun. coating commenced first coat applied. final coating not yet started. additional comments: the auxiliary engine room has been built forward of the compressor room on top of the tank top. three new large auxiliary engines of a good standard have been installed here. all steelwork is completed including the foundation for the auxiliary engines. the auxiliary engines are mounted however installation not yet completed and the generators are not connected. a lot of the piping work is completed including final welding of the pipes. few pipe connections were found not completed though the extent is limited. a lot of the water pipes are made out of cunife and the standard is considered to be in order. cable trays have been mounted and a few cables have been laid though not yet connected. standard of workmanship of the steelwork and installation is in order. there has been some issues regarding the dimension of the ballast water pipes and special assessment has been made by messrs. sea tec. according to this report, the ballast system is acceptable. aft thruster room (photo: aft thruster room - azimuth, reefer, air con compressor room 1 - 20) completion remarks steel work completed completed. all foundations built. new struc- ture for the retractable azimuth thruster constructed. equipment in process equipment: quality of steel work isand thruster compressors for air good. condition and reefer. all equipment is new and of good standard. all mounted and installation in process. equipment partly covered. pipes in process well in process. pipes for the thruster completed. some pipe connections are though still open and not yet completed. pipes for the compressors are in process. standard of piping work is good. cables in initial stage cable trays have been installed. few cables laid but not connected. cabling considered being in a very early stage. installation / commissioning in initial stage / the thruster is reported to have been not commenced commission. reefers, compressors, etc. were found in the process of installation. here no commissioning has begun. coating commenced first coat applied. final coating not yet started. 33 additional comments: the vessel is being equipped with an additional retractable azimuth thruster mounted aft of the original bow thruster. with this constellation, the manoeuvrability of the vessel should be very good. all steelwork and outside hull-work for the azimuth thruster were completed during the docking of the vessel in august
  19. according to the information received during the survey, the installation of the azimuth thruster has been completed. during the lay-up period there was an incident with a leakage, which caused partly flooding of the lower part of the aft thruster room. the leakage has been rectified; however the thruster and the attached ma- chineries have not been checked by the manufacturer since the incident. in the room also the reefer com- pressors and the compressors for the air conditioning are installed. the equipment is of good standard. installation work is in process though not yet completed. to some extent the piping is have been laid though many parts are still outstanding. only limited amount of cables have in laid and the systems are generally not yet connected. steel work in the room is completed and considered to be of good standard. final coating and insulation are outstanding. pump room (photo: pump room 1 - 12) completion remarks steel work completed steel work completed. repairs of damages of the starboard shell plating including internals have been made according to the request from the class. standard is good. equipment in process / equipment mounted but generally not yet generally all connected. mounted but installation not completed. pipes in process some pipes mounted and connected. in process but not completed. cables in initial stage only cable trays mounted. installation / commissioning in initial stage / equipment mounted and installation not commenced commenced. no commissioning yet done. coating commenced first coat applied. final coating not yet started. additional comments: new arrangement with sewage and sanitary vacuum plant. the equipment is mounted but not yet con- nected. some pipes and cables are mounted but far from completed. equipment is in good condition. 34 bow thruster room (photo: bow thruster room 1 - 5) completion remarks steel work completed completed. good condition. equipment (original) completed the small original bow thruster is still in- stalled. overhauled and re-installed. no new equip- pipes in process / ment in well process. most pipes mounted. installed. completed cables in process bow thruster connected. some cable mounted but not all. installation / commissioning completed no new equipment to be commissioned. bow thruster overhauled. coating not commenced original coating. de rusting and re-painting to be done. not yet started. additional comments: the original bow thruster is still installed. the capacity of the bow thruster is limited considering the large extension of the superstructure. as mentioned above, a new additional aft thruster has been installed and the original bow thruster can be considered as support for this thruster. the bow thruster is not new but has been overhauled and should be in a proper workable condi- tion. overhauling is completed but the motor is not finally connected. the steel structure in the room is in good condition. installation of pipes, ducts and cables is in process but not completed. 14.
  20. tween deck steering gear room (photo: steering gear room 1 - 7) completion remarks steel work completed original structure. in order. completed. equipment completed original steering gears re-used. simple but considered reliable. no new equipment installed. pipes in process some pipes mounted and connected. piping work is in process but not completed. cables in process in process installation / commissioning completed steering gears reported to have been dismantled and checked. mounted but not yet connected. coating commenced paint mainly applied. insulation not yet started. 35 additional comments: original structure. in good condition. the original steering gears are reported to have been dismantle and overhauled. the vessel is equipped with two steering gears for the two rudders. the standard of the steering gears is in order. the steering gears are mounted but not yet connected. some cabling and piping works are in process. switch board room aft (photo: switch board room aft 1 - 7) completion remarks steel work in process new arrangement. standard is in order. doors not mounted. temporary opening made for the water mist unit to be installed. equipment not commenced no equipment mounted. pipes in process some pipes mounted. cables in process cable trays mounted and some of the cables are in the process of being laid. installation / commissioning not commenced switch boards not mounted. coating commenced first coat applied. final coating not yet started. additional comments: steel work is mainly completed but doors not mounted. equipment is not mounted and outfitting is at a very early stage. workshop (photo: workshop 1 - 9) completion remarks steel work completed generally completed. equipment completed original larger machineries in the workshop still pipes in process in mounted. most ducts process.limited neware installed as well. equipment. cables in initial stage only cable trays mounted. installation / commissioning in process original machineries mounted but not connected. coating commenced original coating. new structure only with first coat. additional comments: new and original structure. in good condition. steel work mainly completed. final coating to be applied. the original machineries are still installed and just need to be connected. they appear 36 in workable order. upper engine room (photo: upper engine room 1 - 16) completion remarks steel work completed no major changes made to the steel structure. steel work generally considered completed. foundations for the new equipment have been made. equipment (original) installed. original equipment to be reused is mounted. status of overhauling of the equipment could not be ascertained during the survey. equipment (new) in process new pumps and fresh water generator have been mounted though the installation is not completed. pipes in process the piping work is in process. it is estimated that the major parts of the pipes have been laid. some of the pipes are however not finally welded. cables in initial stage the cabling is still at an early stage. cable trays have been installed. only few cables have been laid, though not fixated on the cable trays or connected. installation / commissioning in initial stage / the installation of the new equipment is still at not com- an early stage. most of the new equipment has menced been mounted, though not yet connected. commissioning of the new as well as of the original equipment has not yet been done. coating not commen- only original coating. final coating to be ced applied additional comments: the upper main engine room consists basically of the platform deck above the two main engines. here pumps, coolers, fresh water generator, switch boards, ect. are installed. most equipment here is the original equipment. the original equipment is considered to be of a simple but adequate standard. overhauling of some original equipment reported to have been made, though the extent of overhauling is unknown. new cooler found mounted but not yet connected with pipes / cables. cunife pipes have been installed. standard of workmanship of the pipes appears, according to visual inspection, to be in order. new pumps have been installed inside the upper engine room though not yet completely installed. piping has commenced but is not completed. some of the pipes are already fitted and completely welded, howev- 37 er many pipes were seen in the process of being installed and with final welding still outstanding. cabling in the upper engine room is in a very early stage. the engine room was found dry and no leakages were ascertained. as the work was stopped during the construction process, the engine room was found rather dirty/untidy. some of the equipment is covered with plastic, though most of the equipment was found unprotected. final coating inside the engines room had not yet commenced. converter room (photo: converter room 1 - 4) completion remarks steel work in process new arrangement. steel work in order. doors not mounted. equipment mounted converters mounted. pipes in process in process. some pipes mounted. cables in initial stage few cables have been laid, though in early stage. installation / commissioning not commenced mounted but not yet connected. coating commenced first coat applied. final coating not yet started. additional comments: steel work is completed. the converters have been mounted and installation is in process, though in a rather early stage. power pack room (photo: power pack room 1 - 9) completion remarks steel work completed new arrangement. door missing but otherwise is steel work generally completed. equipment in process power pack mounted but not installed. pipes in process some pipes mounted and connected. in process but not completed. cables in process in process installation / commissioning in process in the initial stage. few pipes and cables connected coating commenced first coat applied. final coating not yet started. additional comments: equipment mounted and installation is in process, though in early stage. engine control room (photo: engine control room 1 - 5) 38 completion remarks steel work completed door missing but otherwise is steel work generally completed. equipment / outfitting not started original and new equipment to be installed. switch boards currently stored inside the room. nothing mounted. floors and panels for walls and deck to be mounted. pipes in process well in process. cables completed only few cables installed. installation / commissioning not started not commenced. coating commenced first coat applied. final coating not yet started. additional comments: the vessel will be designed with a new engine control room. the steel work is completed and the few pipes to be installed have been mounted. the equipment is not yet mounted. stores / corridor between frame 25 - 39 (photo: stores / corridor 1 - 5) completion remarks steel work completed mainly completed. temporary opening down to equipment na decklarger no to beequipment re-welded.to be installed. water tight doors installed. pipes in process / well in process and most pipes installed. completed cables in process in process. trays are laid and few cable drawn. installation / commissioning na no larger equipment to be installed. coating commenced first coat applied. final coating not yet started. additional comments: steel work is generally done. doors to the various rooms need to be mounted. the watertight doors are however installed. first coat is applied and preparation for insulation is in process. boiler room (photo: boiler room 1 - 23) completion remarks steel work completed generally completed. railing around the openings down to the auxiliary engine room to be mounted. quality of steel work is in order. 39 equipment (original) na no original equipment in the room. equipment (new) in process / new equipment such as boiler, air bottles, foam completed tank, etc. are mounted and installation is in process. pipes in process / well in process and most pipes installed. completed cables in process in the early stage. trays installed and few cables laid. installation / commissioning in process in process. some of the equipment is connected with pipes. electrical connections are in early stage coating in process first coat applied. additional comments: a new large "boiler room" has been arranged on the deck above the compressors. the room is very spa- cious. the new equipment has been mounted and the installation is in process. many pipes have been in- stalled, though the cabling is still at an early stage. installation of the equipment is not completed and no commissioning has yet been made. passageway / pipe tunnel (photo: passageway / pipe tunnel 1 - 3) completion remarks steel work completed generally completed. equipment na no larger equipment to be installed. water tight doors installed. pipes in process / well in process and most pipes installed. completed cables in process in process. trays are laid and few cable drawn. installation / commissioning na no larger equipment to be installed. coating in process first coat applied. additional comments: the vessel is being designed with a passageway from the engine area forward to the accommodation. pa- rallel to the passageway a pipe tunnel is built where the pipes and cables are running. steel work is in order and the installation of pipes well in process and cables have started to be laid. hvac room (photo: hvac room 1 - 3) completion remarks steel work completed generally completed. equipment (original) in process new air handling unit mounted but not in- pipes in process stalled. in process. ducts not mounted. 40 cables not started only few cable trays installed. installation / commissioning not started installation and commissioning not started. coating in process first coat applied. additional comments: a new hvac room has been arranged. the new air handling unit is mounted in the room but not in- stalled. piping and cabling is at an early stage. few ducts have been constructed but system far from completed. gym and recreation room (photo: gym and recreation room 1 - 3) completion remarks steel work completed steel work completed. doors to be installed. equipment not started no equipment installed. gym equipment and sauna will be installed. floors and panels for walls and deck to be mounted. pipes not started not commenced cables not started not commenced installation / commissioning not started nothing yet installed coating in process first coat applied. additional comments: a new recreation room with gym and sauna will be built on the port side of the tween deck. the steel work is generally completed and first coat applied. nothing is yet installed and the piping and cabling are in a very initial stage. laundry, stores and ups room (photo: laundry, stores and ups room 1 - 11) completion remarks steel work completed steel work completed. doors to be installed. equipment not started only the ups's have been mounted. pipes not started not commenced cables not started not commenced installation / commissioning not started nothing yet installed coating not started first coat applied additional comments: new arrangement made in the forward part of the tween deck the steel work is generally completed and first coat applied. beside the ups, nothing is yet installed and the piping and cabling are still to be done. 41 14.
  21. gun deck / main deck gun deck (photo: gun deck 1 - 43) completion remarks steel work completed the large conversion of the gun deck has been completed. the steel work is completed and considered well made. some of the original deck plates are re-used. there are some areas with pitting in the deck, partly deep but still considered within limits equipment (original) completed of the the class. only structure original is sound. capstans are still used. re- mounted. all other equipment to be installed is new. equipment (new) in process the installation of the seismic equipment is in process, though only at an early stage. the gun beams and the gun winches are mounted. winches are not yet installed. the delivered seismic equipment to the in- stalled on the gun deck is currently stored on pipes in process / the deck. well in process and most pipes installed. completed cables in process in process. early stage. trays are laid and few cable drawn. installation / commissioning in process installation is the early phase and much seismic equipment is still to be installed. no commissioning yet done. coating in process only first coat applied. additional comments: the new arrangement of the gun deck is completed with generally all the steel work finished. the original steel plates are in order and still considered to be sound. there are some areas with pitting, though still within range. arrangement of capstans, side doors, bunker stations, bollards, etc. is generally completed. the seismic equipment from odim has been delivered. few larger items such as winches and gun beams are mounted. the remaining equipment is stored in boxes on the deck. installation of the seismic equipment is still at a very early stage. 42 electrical workshop, gun repair shop and gun office (photo: electrical workshop, gun repair shop and gun office 1 - 9) completion remarks steel work completed new arrangement for workshops and office made. steel work is generally completed. struc- ture for panels partly erected. doors to deck installed. equipment / outfiting not started no equipment installed. control and monitor- ing system for seismic equipment not yet deli- vered. floors and panels for walls and deck to be pipes in process mounted well in office. in process. most pipes installed. cables in process at early stage. trays mounted but only few cables laid. installation / commissioning not started nothing yet installed coating in process first coat applied additional comments: arrangement for workshops and offices has been arranged behind the open gun deck. steel work is completed and water tight doors to the decks installed. first coat has been applied and most pipes installed. the structure for the wall and ceiling panels is partly erected, though not yet completed. no equipment has yet been installed. streamer winch room (photo: streamer winch room 1 - 10) completion remarks steel work completed steel work is completed including the foundation for the steamer winches. equipment in process the winches are mounted on the foundation though installation not completed. pipes in process in process. many pipes including ventilation heads are installed. cables in process in early stage. trays mounted but only few cables laid. installation / commissioning not started winches are mounted but not installed. coating in process first coat applied additional comments: the two large streamer winches have been mounted inside the new streamer winch room. steel work considered completed, though installation of the streamer winches is still at an early stage. in the adjacent store / service room the fans and ducts have been mounted and partly installed. 43 accommodation (main deck) (photo: accommodation (main deck) 1 - 19) completion remarks steel work completed completed. doors need to be installed. equipment / outfitting in process sanitary units installed otherwise no equipment yet installed. floors and panels for walls and deck to be mounted. material and equipment for provision stores / cooling room are not yet on board. pipes in process well in process, though not completed. parts of the ventilation ducts installed. cables in process in process. trays are all mounted. few cables laid but at early stage. installation / commissioning in process in initial stage. sanitary units not connected. insulation on the port side accommodation has commenced. coating mainly completed first coat applied and insulation started in some areas. additional comments: the new accommodation on the main / gun deck will include mess and day rooms, office, galley, and provision stores. the steel work has been completed and insulation of some parts has commenced. windows and the water tight doors are installed. doors inside the accommodation are not yet installed. installation of pipes and ducts is well in process. the cabling is however still at an early stage. the sanitary units have been mounted but not connected. otherwise there is no equipment installed in the new accommodation. 14.
  22. forecastle deck accommodation (forecastle deck) (photo: accommodation (forecastle deck) 1 - 15) completion remarks steel work completed completed. doors need to be installed. equipment / outfitting in process sanitary units installed otherwise no equipment yet installed. floors and panels for walls and deck to be mounted. pipes in process well in process, though not completed. parts of the ventilation ducts installed. cables in process in process. trays are all mounted and some cables laid, though not completed. 44 installation / commissioning in process in process. many pipes and ventilation ducts already installed. sanitary units not connected. insulation of the accommodation has com- menced. coating completed first coat applied and insulation started. coating damages notice due to welding operations on the deck above. additional comments: the new accommodation on the forecastle deck will include cabins as well as offices. the steel work has been completed and insulation of some parts has commenced. windows and the water tight doors are installed. doors inside the accommodation are not yet installed. installation of pipes and ducts is well in process. the cabling is however still at an early stage. the sanitary units have been mounted but not connected. otherwise there is no equipment installed in the new accommoda- tion. forward mooring deck (photo: forward mooring deck 1 - 15) completion remarks steel work completed completed. only modification of the origi- nal equipment in process structure new anchor all found made.and in good mooring condition. winches to be mounted. the winches are delivered but not yet mounted and installed. mooring rollers and bollards are in good condition. outfitting in process in process. the winches need to be installed. all other mooring arrangements are installed. coating in process only first coat applied. final coating to be done. first coat is in adequate condition. additional comments: the forward mooring deck is mainly the original structure with some smaller modifications. all steel work is completed including the foundations for the anchor and mooring winches. these still need to be mounted and installed. two new and more powerful anchor and mooring winches will be installed to fit with the conversion and in accordance with the requirements of the class. 14.
  23. b-deck / helicopter deck / hangar deck accommodation (b-deck) 45 (photo: accommodation (b-deck) 1 - 14) completion remarks steel work completed completed. additional support and renewal of few deck beams have been made. this had to be done due to an incident during the fitting of the azimuth thruster as the superstructure was not sufficiently supported as the bottom plates were cut open. doors need to be installed. equipment / outfitting in process sanitary units installed otherwise no equipment yet installed. floors and panels for walls and deck to be mounted. pipes in process well in process, though not completed. parts of the ventilation ducts installed. cables in process in process. trays are all mounted and some cables laid, though not completed. installation / commissioning in process in process. many pipes and ventilation ducts already installed. sanitary units not connected. insulation of the accommodation has commenced. coating completed first coat applied and insulation started. coating damages notice due to welding operations on the deck above. additional comments: the new accommodation on the forecastle deck will include cabins as well as offices. the steel work has been completed and insulation of some parts has commenced. windows and the water tight doors are installed. doors inside the accommodation are not yet installed. installation of pipes and ducts is well in process. the cabling is however still at an early stage. the sanitary units have been mounted but not connected. otherwise there is no equipment installed in the new accommodation. 46 hangar / b deck (weather deck) (photo: hangar / b deck (weather deck) 1 - 82) completion remarks steel work completed (95%) the b-deck (weather deck) is almost complete. almost all steel work is finished (abt. 95%). what remain are the deck houses for generator and for the ventilation fans. the deck houses are almost completed but not all welded on to the deck. funnel and incinerator room still need to be mounted. water tight doors are installed and railing equipment in process all equipment is new. davits have been mounted. mounted but installation is not finalized. pe- destal for the crane is built. the crane is stored on the deck but not mounted on the pedestal. some of the fans are mounted. the others are stored on the gun deck. incinerator, emergency generator set are not yet on board. outfitting in process / outfitting is in process but mainly at an ear- completed ly stage with some equipment mounted but not yet installed. there is still equipment to the mounted. pipes are partly installed. cabling is at a very early stage. coating in process only first coat applied. some areas with surface corrosion evident but generally the first coat is in a remarkable good condition additional comments: the construction of the large weather deck on the b-deck is mainly completed. only the three remaining deck houses need to be completed and welded on to the deck. the construction is good and standard of workmanship well satisfactory. the outfitting is still at early stage. some equipment like davits, the hydraulic driven spooling device, fans, etc. have been mounted, though installation work is not yet completed. there is still equipment to be mounted and the generally all finalizing of the installation is outstanding. 47 the fast rescue boat is stored well protected on the deck. the larger work boat planed to be installed is not at the yard. the mounted / stored equipment was found in a good condition. the equipment is generally designed for operation in harsh environment and is well protected. the steel structure of the deck is only covered with first coat but the first coat is still in a good condition. there are some areas with superficial rust but the extent is limited and not affecting the steel structure. all steel structures are sound. water tight doors have been mounted expect into the deck houses not yet finally welded. helicopter deck (photo: helicopter deck 1 - 11) completion remarks steel work completed completed. built according to norwegian standards and requirements. equipment in process in process. railing completed. fire fighting, monitoring system, lights, etc. to be mounted. outfitting completed fixed outfitting items on the helicopter deck are completed. coating completed coated. additional comments: the vessel is designed with a helicopter deck on the aft part of the hangar deck. the helicopter deck is constructed to be able to handle a helicopter of type super pumpa as 332l
  24. helideck and helideck monitoring system will be constructed in compliance with uk std cap437 and the norwegian requirements. steel work is completed and coating applied. fix points and railings are completed. fire fighting monitoring system, lights, etc. are not yet installed. 14.
  25. c-deck / bridge dec bridge (photo: bridge 1 - 17) 48 completion remarks steel work completed completed. doors and windows are installed. steel structure for deck panel made. equipment not started sanitary unit mounted. no navigational or ra- dio equipment yet installed. consoles not mounted. floors and panels for walls and deck to be mounted. outfitting initial stage some cable trays mounted. cabling in the very initial stage. coating in process first coat applied inside. insulation commenced at the aft part. steel outside is only with first coat. surface corrosion is partly evident. additional comments: the entire bridge design will be renewed with new steering console with modern navigational and radio equipment. steel work of the bridge is completed, though outfitting has basically not yet started. some cable trays mounted and few cables are being prepared but that is it. the new navigational and radio equipment have been supplied and is stored in the warehouse of the yard. reference is made to chapter 18 in this report. radar deck (weather deck on top of bridge) (photo: radar deck 1 - 7) completion remarks steel work completed completed. radar mast constructed. not yet mounted. stored on the helicopter deck. foundations for radars and antennas made. equipment not started no equipment installed outfitting not started fixed outfitting items (foundations) made. installation and general outfitting not commenced coating in process first coat applied. additional comments: steel work including railing and foundations completed. radar mast to be mounted. no equip- ment installed. 49 c-deck (weather deck) (photo: c-deck (weather deck) 1 - 23) completion remarks steel work completed completed. foundations for radars, platforms railings are constructed. equipment in process the two smaller cranes are installed as well as ventilation fans. otherwise no equipment yet mounted. outfitting not started outfitting is at early stage coating in process only first coat applied. additional comments: steel work is generally completed including the foundations, platforms and railings. only first coat is applied but the condition is good and the extent of surface rust is limited. outfitting is at early stage. some equipment has been mounted but installation is still initial phase.
  26. summary it appears that all underwater items have been completed in the dry docking including the final coating of the hull. most steel work of the conversion is completed. all tanks are completed and coated. first coat is applied inside as well as on gun and weather decks. insulation of some areas inside has commenced but only few areas. generally all larger machineries and equipment in the engine and seismic room are mounted onboard. the outfitting is generally at an early stage. installation of pipes and ventilation ducts is in process but cabling is mainly in an initial phase. no commissioning work has yet been done.
  27. quality in the opinion of the undersigned surveyor, the original quality of the vessel is good and it can be stated that the standard of workmanship of the conversion is well satisfactory. 50 coating appliance is according to standard and the areas where the final coating has been applied were found in good condition. the areas where only the first coat had been applied were generally still found in an adequate pro- tected condition. some surface corrosion was partly evident but extent was limited.
  28. class status of the conversion access and review of the class records for the conversion has not been provided, so no further com- ments can be made regarding what has already been approved by the class. both parties indicated that there had been delays in the final class approval of the drawing material. if all drawings were finally approved by class at the time of termination of the contract could not be veri- fied.
  29. tests , sea trails and delivery extensive tests and a final sea trail will have to be carried out upon completion of the con- version. these tests will be of the vessel as well as of the operation of the seismic equipment. the test will be held whilst the vessel will be berthed along the pier as well as at sea. service engineers from the manufacturers of the major equipment will be required during the final tests. duration of the all tests is estimated with approximately 2 weeks. preconditioning that all required materials and equipment are / will be supplied, all drawings avail- able and approved by class, present stage of conversion all approved by class, adequate workforce al- located to the project and the project management and work are properly and timely executed, the required time completion of the conversion is roughly estimated with approximately 18 weeks.
  30. delivered equipment a list of delivered items was provided to the undersigned surveyor prior to the inspection in december
  31. no further information such as purchase order and packing list were however presented during the survey. the undersigned surveyor was insofar not able to verify the completeness of all the deliveries. 51 the organisation of the whereabouts of the listed delivered equipment at the yard was not good and during the survey it was not possible to locate all the items listed in exhibit 13 and exhibit aa. below is the list of the delivered items including comments from the surveyor: item comment equipment from exhibit 13 (arrow seismic): steamer winch mounted inside. well protected. double spool device mounted. found in order. towing point modifications reported to have been made. not seen. fairlead block not found. mpp winch 7 winches are stored on the gun deck wire block not seen. might have been sent to odim. spooling rack mounted on top deck. in order. hydraulic pressure unit (hpu) mounted but not connected. c&f cooling and filtration unit mounted. gun winch mounted but not connected. beams are mounted and installed under the deck. final installation not made. gun landing beam what the supply includes is unknown. gun paravan storage beam seen stored on gun deck hp air manifold seen stored on gun deck control system simplex for gun not found. control system irx for steamer & wt not found. rebuilding of hpu it could not be verified if changes have been made. container skid changes have been made. the exact scope of the position is unknown. cable trays are generally cable tray mounted but if all is completed for the seismic areas is unknown. gun air slip ring not found. stored on the top deck. not mounted. foundation made. if supply of all parts deck crane of the crane is complete is unknown. frc magnus 750 on board. stored on top deck. davit for frc mounted. installation not completed. hvac equipment mounted. azimuth thruster mounted. generator sets mounted. propeller blades mounted. oily water separator mounted. drawings status unknown 52 item comment fresh water generator (extra plates) reported to have been mounted. not seen. incinerator not seen. reported to be stored in a warehouse outside the yard. lmf compressors mounted modified towing point modifications reported to have been made. not seen. 10 t davit for 30" work boat mounted steamer pullers tray stored on gun deck. instrument rack not seen. anchor winches stored on board. not mounted anchor chains stored on board. not mounted equipment from exhibit aa (shipyard): heaters not seen. it could not be verified which heaters are meant. spare parts for separators scope of supply unknown. not seen. separators stored ƒ mounted in engine room fresh water generator mounted in engine room set of tanks to the incinerator plant not seen. navigation light parts stored in warehouse seen. scope of supply unknown. well stored and panel kept. switch boards stored in warehouse seen. scope of supply unknown. well switch boards stored and kept. valve regulated lead acid accumulators not seen. ups ups mounted on board integrated navigation parts stored in warehouse seen. scope of supply unknown. well stored and system kept. hms 100 not seen. tow line drum stored on board. winch gangway winch stored in warehouse gangway gangway stored in warehouse two pumps are stored in warehouse. scope of supply unknown. well stored pumps and kept. items for automation are well stored in warehouse. as the scope of supply is automation system unknown, it is not possible to verify the completeness of the delivery. valve remote control system, tank content and draught measur- ing not seen. 53 item comment plastic plugs, twist locks, flush iso−deck socket not seen. fuel dispenser not seen. vacuum unit ƒ unit mounted on board the vessel sewage plant zet horn not seen. some internal doors were seen well stored in warehouse. some doors are internal doors installed on board. the amount of doors seen is not sufficient. hi−fog mounted on board the vessel transformers not seen. refrigeration plant mounted on board the vessel heli deck light not seen. hot water boiler mounted on board the vessel starting air receiver mounted on board the vessel items for fire detecting are well stored in warehouse. as the scope of supply is fire detecting system unknown, it is not possible to verify the completeness of the delivery. ladder on board. as the scope of supply is unknown, it is not possible to verify ladders the completeness of the delivery. ventilators it could not be clarified which ventilators were meant. gas welding system some of the gas welding system has been mounted. not completed. deck foam system mounted on board. hp cleaning system not seen. additional parts for hp cleaning system not seen. elastic exhaust pipe suspension not seen. davits for life saving equipment davits for life raft are mounted on board. emergency generator well stored in warehouse. engine, generator, exhaust and silencer seen. navigation lights not seen. spare parts for navigation lights not seen. wipers not seen. the seen supplied equipment stored inside the warehouses at the shipyard is generally well kept and stored under good conditions. the warehouses are dry and equipped with heating. items are well pro- tected. equipment which has been mounted / stored outside on the weather decks of the vessel are also particu- larly designed for outside operation in rough environments and are well preserved from the manufactur- er. the inspected items were visually found in order. 54 as mentioned above not all items were found during the inspection at the yard and additionally very limited information was provided regarding the scope of the order / delivery. it was insofar impossi- ble to verify the completeness of the entire listed item. no comments can be made to the prices listed in exhibit 13 and exhibit aa, due to the reasons stated above. for the valuation of the vessel, it is assumed that all the listed equipment has been delivered, are complete and ready for installation without additional supply.
  32. market analyse the fleet of seismic research vessel currently is as below: • 51 new buildings all sizes • 908 in service all sizes the vessels above are including also all governmental owned vessels. the demand for this type of vessel is currently considered as comparatively high. below is a list of new building prices for similar seismic survey vessels. the vessels below are howev- er new buildings, which have been specially designed for the purpose of seismic research. no conver- sion jobs are included in the list: contract shipyard price us-$ date delivery country l.o.a (m) beam (m) mio. apr 07 not yet india 63 15,8 70,0 dec 09 not yet usa 70,21 15,85 123,0 nov 09 apr 12 finland 134 21,7 139,0 jul 07 okt 11 norway 106 24 111,7 nov 08 sep 11 s−korea 101 24 120,0 may 07 mar 10 spain 106,8 19,2 85,0 mar 06 jun 09 norway 102,2 26,8 89,0 the prices for the new buildings above are for complete operational vessels, which means it includes all seismic equipment. each ship is especially designed for a particular purpose and the design and specification for seismic research vessels may vary significantly. the seismic outfitting may differ considerably, which also can be seen in the large difference in the prices above. the list of the new building prices is insofar only to be seen as an indication of the price level and demand in the market. 55 the new building prices for offshore units are furthermore going up since abt. 12 months. this reflects well the current high demand for the type of vessels. there are only a very few sales transactions with second hand seismic research vessels, as the vessel are generally kept by the owners for long period. conversions of cargo vessels into seismic research vessels are seen as a good option compared with or- dering a new building. the conversions are general very comprehensive and commonly furthermore in- cludes extensive repairs and overhaul of the original structure and equipment of the vessel. the commer- cial life span for converted ships is insofar well comparable with the expected life span of new buildings. mv "southern explorer" will, in completed condition, be well suitable for the market. the ship is well built. extensive steel renewal has been made and the structure of the ship is considered to be sound, well preserved and in good condition. the original propulsion system and machineries are of course older but will be completely over- hauled and additional new equipment in the engine room will be installed according to modern re- quirements and expectations. all engine control and monitoring as well as navigation and radio equipment will be renewed and will be of very modern design. accommodation will be of today’s standard. all seismic installation will be made according to today’s standard.
  33. valuation of vessel in current stage of conversion under consideration of the age, the found technical and maintenance condition at the time of survey, the present offshore market situation, the value of the mv ‚southern explor- er‛ in fully converted condition is estimated with us$ 42.000.000,-- (in words: forty two million us-dollars) this valuation does not include the owner’s supply of the remaining seismic equipment, such as strea- mer, controls and monitoring units, etc. this is supply outside the specification. 56 for establishing the value were also considered the purchase price of the original vessel and estimated average conversion cost of roughly us-$ 30-33 mio. the estimation of the conversion costs is an expert opinion and are assessed on the basis of the conver- sion is carried out on a reputable and competent shipyard. the mv “southern explorer” is not yet fully converted. according to our assessment of the outstand- ing works and supply, very roughly 7.000.000,- us$ is required to be invested for equipment and work force in order to complete the conversion. this estimation is made on the basis that the repairs will be carried out in poland and the current general price level for labour costs and shipyard services used as a basis for the estimation. this estimation is including docking, general expenses, class, as well as materials and labour costs. addi- tional items are the expenses for assessment of the equipment after the long period of lay-up. this should be done by service engineers from the manufacturers and repairs / overhaul should be made as required. as previous mentioned, it was not possible to verify the completeness of the supplied items according to exhibit 13 and exhibit aa. the valuation is based upon the assumption that all the listed deliveries have been supplied and are complete. though the major part of the equipment has been delivered, there are still large amount of small items to be supplied, such as live saving appliances, fire fighting, panels, interior in accommodation, etc. the supply of these items is included in the above mentioned estimation of the outstanding works and supply. supplies, installation and commission of owner’s seismic equipment are not included. the status of the class approval is unknown and could not be verified as access to the class records was not provided. the assumption is made that all drawing material is complete and approved and that all conversion works done until now have been approved by the class. based on the above mentioned estimations and assumptions, the current market value of mv “southern explorer” in the present incomplete stage of conversion is estimated with us$ 35.000.000,-- based upon a forced sale, the achievable price of mv “southern explorer” is estimated to be significant- ly lower. a reduction of the price of approximately 20 - 30% can be expected. 57 based on a forced sale and the above mentioned estimations and assumptions, the value of mv “southern explorer” in the present incomplete stage of conversion is estimated to be in the range of us$ 24.500.000 to 28.000.000,-- suppelerende rapport af
  34. oktober 2012
  35. stage of conversion the conversion is well in process. the main part of the steel work is completed. the vessel has been docked and works on hull, propeller, rudder, azimuth, etc. have been done. larger machineries and equipment have been mounted and outfitting started, though for most parts the installation is only in a rather early stage. overhauling of few of the original machineries has been done but the main parts still need to be over- hauled. electrical installation / outfitting is in very early stage. beside insulation in few areas and some installed pipes and ducts, outfitting of the accom- modation has only just started. no tests or commissioning of the installed equipment has started. the overall progress of the work in percentage to the described work in the agreement and specifica- tion is roughly estimated by the attending surveyor to be around 70 - 75%. the estimation is based on the findings of the surveyor and the provided information but below is a breakdown of the estimation: • preparation of vessel for conversion: 100% • material and equipment supply: approx. 75 % (completeness of supply not verified) • steel work of hull: approx. 98 % • coating of tanks: approx. 98 % • outside coating of hull: approx. 80 % • docking: approx. 85 % (re-docking to be made after 3 years) 58 • outfitting: approx. 40 % • class status and acceptance: unknown • tests and commissioning: 0%
  36. quality of work the general quality of the work performed is considered to be good. the standard of the steel work is made according to ample international quality. coating appliance is according to standard and the areas where the final coating has been applied were found in good condition. the areas where only the first coat / primer had been applied were generally still found in an adequate protected condition. some surface corrosion was partly evident but extent was limited. visually, the equipment is in order. the standard of the outfitting works is satisfactory. according to the yard, the large machineries have been preserved with oil for the lay-up period, however after a period of 3 years, the condition needs to be checked by service engineers from the manufacturers and adequate re- pairs / rectifications made if required.
  37. condition of vessel and equipment the overall condition of the vessel is in order. final coating of most outside areas of the vessel has been applied and was found in good condition. the top-deck and parts of the superstructure is only preserved with primer and here some surface corrosion is evident, though still limited. the seen corrosion is only surface corrosion, which gradually has developed. it is unknown when the primer was applied but a primer should last approximately 6 – 12 months, so it is to assume that the surface corrosion has developed since november
  38. the steel is sound and in order. no evident di- minution of material thickness noted. larger machineries on board is claimed to have been preserved with oil. no details of this were however provided during the survey. the engines are not turned and condition of bearings should be checked. risk of corrosion inside the machineries and equipment is also evident, if insufficient preservation has been made. generally it is necessary to check all machineries to verify the condition. 59 based on visual inspection during the survey, the condition of the equipment on board is acceptable, however as stated above, dismantling and checks of the equipment is required in order to verify this. the seen equipment in the warehouses is well stored and kept. no equipment was seen stored outside. the warehouses are dry and equipment with heating. as stated in the survey report, the supplied deck equipment is of high standard and with a good standard of preservation. the equipment is design for harsh conditions and any significant deterioration of the con- dition was not seen. for detailed description of the condition of the vessel and the equipment, reference is made to our valua- tion report w 147/12, dated 04.05.
  40. valuation the valuation of mv “southern explorer” in the current stage of the conversion is estimated in our valu- ation report w 147/12, dated 04.05.
  42. specification of supplied equipment th st survey of the vessel and supplied equipment was held from the 19 to the 21 of december 2011 at the shipyard stocznia marynarki wojenej s.a., gdynia, poland. during the inspection, it was not possible to locate all the supplied items listed in exhibit 13 and exhibit aa. furthermore no information such as specifications, purchase orders, packing lists of the supplied equipment was presented during the survey. reference is made to previous e- mail cor- respondence regarding the missing information. the undersigned surveyor was insofar not able to verify the completeness of all the deliveries or to pre- pare specifications and separate valuation of the supplied items. if this is required additional information need to be provided. skønsrapport af
  43. oktober 2012 question no. 6 below is the list of the summery of works presented in the exhibit 10 (enclosure no. 1 to the supplemen- tary questions). according to the letter from mr. lars rosenberg overby, exhibit 10 contains a summary of works, which according to arrow seismic has not been performed by the yard. the items of exhibit 10 are listed below in comments from undersigned surveyor regarding status of 60 work performed as well as estimation of the costs completing the work. the estimation of the costs is a rough estimation based upon the inspection of the vessel in december
  44. it needs to be kept in mind, that the inspection was an overall survey of the vessel. no equipment was dismantled and thorough in- spection of each item could was not possible. insofar the estimated costs are the undersigned surveyor's opinion and rough estimation based upon the general price level at shipyards in poland (25,- euro per hour for shipyard workers and 1250,- euro for service engineers / specialist). this price level was also used as basis for the estimation of the construction costs in order to complete the vessel (7.000.000 us$). equipment roughly es- roughly esti- additional comments description timated stage mated costs for of completion completion (us$) (%) prorem ( design / exact status is $150,000.00 very limited information of the status engineering) unknown. of the design and engineering has roughly es- been provided. according to approv- timated al status of the class relevant draw- around 80 % ings, there are many drawings, which has been are not yet approved by class. if all completed. drawings have been submitted is un- known. considering the relatively advance stage of the conversion, it is however to assume that a large part of the engineering has been made, though according to verbal informa- tion received during the survey, there are still a bit of the engineering which is not completed. 61 equipment roughly es- roughly esti- additional comments description timated stage mated costs for of completion completion (us$) (%) drawing and 100 $ it is assumed that the yard only have documentation % made the production design for the (yard) conversion. considering the stage of the conversion, this should have been completed by now. bv contract / cer- app. 50 % $30,000.00 status is unknown. considering the tificates provided class status of the drawings, it is roughly estimated that 50% of the drawings has been approved. the sta- tus of inspections, remarks and ap- proval of the conversion is unknown as the surveyor has not had access to the class records. it is assumed that generally the hull surveys are com- pleted but outfitting and machinery survey have not yet commenced. inclining test 0% $15,000.00 inclining test cannot be done until the conversion has been completed and there are no further changes to the lightweight and distribution. still outstanding. fuel for sea trail 0% $25,000.00 sea trail is not yet made. duration of sea trail should be around 1-1,5 days. consumption of the engines is esti- mated to the in the range of 30 - 40 tons. today's fuel prices are in the around 700 us$/t sea trail crew and 0% $30,000.00 sea trail is not yet made. duration of other related ex- sea trail should be around 1-1,5 days. penses items needed cor- this is an undefined item. as the con- rections version is not yet completed, this is considered covered in the estimation of the cost for completion of the ves- sel. 62 equipment roughly esti- roughly esti- additional comments description mated stage of mated costs for completion completion (%) (us$) bv class com- unknown. the undersigned surveyor has no in- ments formation of the comments from class, as review of class records has not been made. insofar it is not possible to make an estimation of the costs for rectified any class remarks. spare parts and unknown. $100,000.00 no spares stored at the yard were special tools (2 presented during the survey in de- years consume) cember
  45. if spares has already been supplied is unknown. equipment from status of supply of the equipment is purchase dep. list unknown. status of supply of the no. 1 items listed in "exhibit 13 (equipment from arrow seismic) and "exhibit aa" (equipment from "exhibit aa" shipyard) could not be verified dur- ing the inspection in december
  46. reference is made to comments in the valuation report. from material be- status of supply of the equipment is fore delivery unknown. status of supply of the list 2 items listed in "exhibit 13 (equipment from arrow seismic) and "exhibit aa" (equipment from "exhibit aa" shipyard) could not be verified dur- ing the inspection in december
  47. reference is made to comments in the valuation report. from materials status of supply of the equipment is ngs stock list 3 unknown. status of supply of the items listed in "exhibit 13 (equipment from a

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