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THE PACIFIC INSPECTION J.

S
COMPANY
ISO 9001 : Head : 71 & 73 Le Quoc Hung Street - District 4 - Hochiminh City -
2000 Office Vietnam
Tel: (84.8) 8.26.27.88 Fax: (84.8) E-mail: pico@ hcm.fpt.vn
8.26.27.99

PRELIMINARY REPORT Date: Sep. 18, 2005

To : SPICA SERVICES
Attn : Capt. RICHARD SKENE
Fax No. : (+84.8) 8 232 530
Your Ref. No. : Pls. advise
Our Ref. No. : 11736M/HCM
From : Pham Minh Nguyen / Pham Nguyen Tho boarding surveyors
Number of page :

Subject: M/T ATORA C/W M/TBINH MINH 01, HCMC on Sep. 17, 2005 at 0724LT

Dear Sir,
Right after receive your instructions, we on Sep. 17, 2005 at 1430 LT - attended onboard
M/T ATORA to carry out a visual inspection, investigation on the incident, and assist the
Master as well.

Beside, a joint survey had been carried out onboard the opponent vessel that named M/T
BINH MINH 01 to determine the extent of damage sustained, interview and investigate on
the collision status.

And we hereby would report as followings:

1. GENERAL INFORMATIONS:

1.1. Ships particulars: (pls. refer to our attachment)

1.2. Outline of incident:

According to declaration and information supplied the Master of ATORA and concerned
parties, we have learnt that:

- M/V ATORA after complete cargo discharge at Nhabe oil terminal, HCMC port
had departed at 0548 LT on Sep.17, 2005. During her maneuvering outbound, after pass
the navigation buoy No. 18, she was collided by M/V BINH MINH 01 that ballast
sailing inbound HCMC port, causing damage to the starboard side after quarter area near
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by the engine room. Fortunately, no oil pollution / no person injury or death was
occurred.

- Upon collision occurrence, both the vessels were requested to drop anchor at Thieng
lieng anchorage to wait for the investigation of HCMC Port Authority and other surveys.

1.3. Survey attendances:

Participants On behalf of Date


Mr. Pham Minh Nguyen
PICO / Spica / American P&I Sep. 17, 2005
Mr. Pham Nguyen Tho
Capt. Voulgaris Antonis Master of M/T ATORA Sep. 17, 2005
Capt. Do Xuan Long Master of BINH MINH 01 Sep. 17, 2005
Mr. Le Ky Nam Owner rep. of BINH MINH 01 Sep. 17, 2005
Mr. Phan Cao An Truong Asiacontrol / PJICO Danang / ASC Sep. 17, 2005

2. RESULTS OF INSPECTION:

2.1. Investigate on the collision status:

2.1.1. Brief description on the collision area:

The involved area is the cross way of Longtau river (as main channel for HCMC port) and
Dua river (as small channel for the coastal or local ship only) and Dongtranh river. Within
this area, there are the navigation buoy No. 18 (red buoy) and light towers Nos. T16 & T23.
For further details, pls. refer to our layout attached.

At this area, the channel is turning rough, and the river band is fully covered with forest all
around the light tower No. T16 with the average height of trees is approx. 15m or more.

At the time of collision, the weather condition at this area was recorded:

- Current: coming down (on Sep. 17, 2005 high tide: 0434LT / low tide: 1018LT)

- Wind: SW 2

- Visibility: good

Vessels condition at that time were recorded:

- M/T Atora: F = 4.8 M, A = 6.6M, T = 1.8M


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- M/T BINH MINH 01: F = 1.2 M, A = 4.0 M, T = 2.8M

2.1.2. According to declarations of concerned parties:

According to statement and verbal information of the Master and boarding pilot, Mr. Pham
Van Minh, we have learnt:

- Upon pass the buoy No. 18 and commence of turning to starboard side in full ahead
speed, the pilot determine a small coastal tanker named Binh minh 01 which was close
to the river band of T16 and heading to the Dua river entrance. Even all communication
aid given in way of VHF, whistling, the contact did not success. To prevent serious
collision in way of heading, the pilot suggest to steer to port side and attempt to keep far
away from the Binh Minh 01.

- Nothing respond was received from Binh minh 01, and than she hit her bow to the
starboard side of Atora on a right cross angle. For further details, pls. refer to
statements attached.

2.1.3. Interview the Master of Binh minh 01:

After boarding the Binh minh 01, we tried our best to interview the Master Capt. Do
Xuan Long and be briefly informed on the collision status as followings:

- M/T Binh minh 01 was on the way sailing inbound the HCMC port on Sep. 17, 2005.
After pass the channel buoy 14, she kept her heading to the entrance of Dua River, and
her movement was close to the river band of T16, in full ahead the engine. Due to high
forest in this river bank, no one determine the Atora sailing outbound from a proper
distance.

- Upon sudden determine Atora turning around T16 light, and recognized that Binh
minh 01 was encroaching the outbound channel of Atora, he decided hardly turn to
starboard side to try coming back to the inbound channel (by steering orders: 10 to
starboard, 20 to starboard, and then all starboard).

- After one or two minutes, he recognized its unsuccessful solution, but both the vessel
were in very close condition, he finally ordered to stop and then full astern the engine
before hitting to the starboard side of Atora.

- The communication calling of pilot on the VHF and whistle blast were also received, but
he had to focus into the maneuvering, so could not respond. Beside, he also confirmed
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that the VHF of Binh minh 01 locates far from the steering location, where difficult to
watch out, so he could not respond the VHF communications. From time of determine
Atora to that of collision occurrence was estimated approx. 3 minutes.

- Basing on the declaration of Master of Binh minh 01, we had drawn an incident
sketch, which is almost same as declaration of concerned parties, and attached hereto for
your reference.

2.2. Extent of damage to M/T ATORA:

The damage to her hull was jointly done with opponent surveyor, and mutually recorded:

- The starboard shell plating: at Fr. 57 to 59, it was seriously dent inward of approx. 10cm
depth max in an area of approx. 420cm (L) * 190cm (W). The indent is located on the
shear strake below the main deck level, in way of a void space (combine used as a slop
tank). At the center of this indentation, the shell plate was horizontally torn with an open
hole dimensioned 76cm(L) * 6 cm(W)

- Two side stiffeners and their brackets that corresponding to the above-mentioned indent
were bent and deformed inward (Fr. 57-58, close to the deck level). Some corner girder
flanges at the involved area were deformed also.

- The aft bulkhead of the void space: slightly bent / deformed. The opposite side of this
watertight bulkhead could not be checked, due to its side of a bunker fuel oil tank.

- Starboard side bulwark on main deck level: slightly dent in an area of approx. 100cm(L)
* 40cm(W).

Basing on the extent of damage, we roughly estimated the cost of temporary repair (double a
steel plate dimensioned approx. 320cmL * 180 cmW * 1.8cmT) is approx. US$ 5,000 in
sum, including other expenses such as gas free test, etc. The estimation on cost of permanent
repair (roughly estimated approx. US$ 25,000) will be supplied later in our next report.

2.3. Extent of damage to M/V BINH MINH 01:

Generally, Binh minh 01 was badly damaged on her bow upper part, and results of joint
survey with opponent surveyor were recorded:

- On the forecastle deck, the both side bulwark at bow center were crushed / deformed /
broken in an area of approx. 600cm (L) * 165cm (W) * 0.8cm (T). The bulwark handrail
at corresponding area was collapsed also. The forecastle deck plate at fore center area
was distorted and crushed in an area of approx. 314cm (L) * 125cm(W).
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- On the deck store level, the air escape pipe of FPT, the stem frame of bow, and two side
frames were deformed. The shell plate at bow and around the stem frame upper part
were deformed and crushed.

- Both side fairlead and its bases were badly deformed and distorted.

Basing on the extent of damage, we roughly estimated the cost of permanent repair for
Binh Minh 01 is approx. USD 8,000. The further estimation on this cost of permanent
repair will be supplied later.

2.4. Comment:

Before collision occurrence, M/T Binh minh 01 was encroaching the outboard channel,
and she had only tried to be back the inbound channel after see Atora in a very close
distance. Though that this rough turning of channel as well as restrains on the visibility, we
would note that Binh minh 01 did not receive VHF communications upon determine
Atora on the opposite.

The records of Port authority and pilot statement recorded almost same.

2.5. Further information:

The full style of Owner of Binh minh 01 is as followings:

Aulac JS Co. (ASC)


Address: 112 Ly Chinh Thang Street, District 3, Hochiminh city
Tel: (+84.8) 8465227 / 8465228
Fax: (+84.8) 8465225
Email: ktvt-vtb@hcm.vnn.vn
PIC: Mr. Danny - HP: +(84) 903001590
Mr. Le Ky Nam HP: +(84) 903754205

The H&M, P&I of Binh minh 01 is verbally informed: PJICO Danang branch.

After complete investigation, the port authority request to have a settling agreement
between both the Owners in written, before Atora accepted to sail.

After inspect the damage, the DNV class surveyor had requested to repair the damage
(temporary in way of double the indentation, or permanent repair in way of crop and renew
damaged areas, up to the Owner decision) have to be done before vessel departure.

After complete survey and investigation, the Atora sailed to the Vungtau pilot station to
wait for repair, and Binh minh 01 also sailed to Anphu shipyard of HCMC.
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Beside, we were informed that the Atora Owner ordered for temporary repair at Vungtau
anchorage, and the gas free tested and approved on Sep. 18, 2005 morning time, and the
doubling work might commence at noon, which estimated to complete on Sep. 19, 2005
afternoon time.

We had discussed with Mr. Nam of ASC on the way to settle, but be informed that he could
not decide, and have to wait for his boss discuss with Owner of Atora. In such both to blame
status, we considered that its the best way to arrange LOU of both the Owners / Insurers for
timely sailing of ATORA after repair complete, and wait for the results of investigation
from Port Authority.

Will keep your abreast on the matter development

Best regards,

Pham Minh Nguyen


Surveyor

Enclosure: available documents and photos in two files attached

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