Drafting pro-forma disbursement accounts
- Date: 31/08/2006
ITIC has recently received a number of enquiries from ship agents who have experienced problems with principals not settling disbursement accounts in full because they are different from the pro forma disbursement account originally provided by the agent.
ITIC would therefore suggest placing the following wording on all pro-forma disbursement accounts so that your principal is well aware that the pro-forma document is simply an estimate and is liable to change.
"Please note that this is a pro-forma disbursement account only. It is intended to be an estimate of the actual disbursement account and is for guidance purposes only. Whilst [the Agent] does take every care to ensure that the figures and information contained in the pro-forma disbursement account are as accurate as possible, the actual disbursement account may, and often does, for various reasons beyond our control, vary from the pro-forma disbursement account. You are required and are liable to pay upon demand, the full amount described and shown in the actual disbursement account. This duty exists regardless of any difference between the figures in this pro-forma disbursement account and the actual disbursement account. For the avoidance of doubt, this pro-forma disbursement account is not a contractual document."