Dispersant Addendum to MRSC Customer Service Agreement
Further to Club Circular 10/11 of August 2011.
On 10 August 2011, MSRC notified its customers of an amendment to its service agreement to include a “dispersant addendum”. This addendum introduced liabilities on the vessel owner which fell outside the scope of club cover. After discussion with the International Group, MSRC has narrowed the scope of the Addendum to only apply when there is an event involving dispersants. On 22 August 2011, MSRC sent a message to its customers requiring them to sign and return the revised Addendum by 9 September. Unfortunately the additional liabilities introduced still mean that the MSRC service agreement no longer conforms to International Group US vessel response plan guidelines (US VRP guidelines) because the liabilities are not reciprocal and the contract requires the owner to waive the right to limit in certain circumstances.
September 7th UPDATE: The circular refers to an Addendum Service Agreement (Dispersants) with footer 22nd August 2011. We understand that some members will have received an Addendum in identical terms but without the footer. MSRC have said that they will not be sending out replacement Addenda to those who have already received them but when they receive the signed versions back, they will check that the version received is the revised Addendum referring only to dispersants and not to claims in relation to exposure to oil. They will then mark the Addenda with 22 August 2011. For the avoidance of doubt the correct Addendum is attached to this note.