Terms and Conditions

GENERAL TERMS AND CONDITIONS APRIL 2005 FOR MARINE FUELS PURCHASING AND DELIVERY (GTC- APRIL 2005)

It is agreed on the date shown in Bunker Nomination between the parties named in Bunker Nomination , defined hereunder as „Sellers” and „Buyers”, that the sellers shall sell and deliver to the Vessel nominated and the Buyers shall purchase the Marine Fuels (as defined hereunder) on the following terms and conditions.

I. Definitions
Throughout this Contract, save where the context otherwise requires, the following definitions shall be applied: 1. „ Marine Fuels” - means products, derived from crude oil, delivered or to be delivered to the Vessel.
2. „Sellers” - means the party contracting to sell and deliver Marine Fuels
3. „Buyers” - means the party contracting to purchase, take delivery of and pay for the Marine Fuels.

II. Grades / Quality
1. The Buyers shall have the sole responsibility for the nomination of the grades of Marine Fuels suitable to the Vessel, and shall state the grades required in Nomination.
2. The Sellers warrant that the Marine Fuels shall be of a homogeneous and stable nature, shall comply with the grades nominated by the Buyers and be of satisfactory quality.

III. Quantities
1. The quantities of Marine Fuels nominated to be delivered are those stated in Nomination.
2. In accordance with the Polish Customs Law, any changes of quantities at Master’s option than nominated are not possible.
3. If receiving vessel fails to receive the full ordered quantity loaded, Seller reserves the right to charge Buyer for the loss incurred by having to transport the Marine Fuel back to the storage or by having to sell the Marine Fuel in a degraded form at a price lower than that applicable to the grade originally nominated by Buyer with the rate of 15 % of the value of not received Marine Fuels, without any prejudice to the Seller’s other rights under this agreement for damages or otherwise.

IV. Measurements
1. Quantities of Marine Fuels shall be determined from the official gauge or meter of the bunkering barge or tank truck effecting delivery or of the shore - tank in case of delivery ex wharf.
2. The Buyers and the Sellers shall both have the right to be present or represented when such measurements are taken and shall be given sufficient information and facilities to verify the volume delivered. In case of receiving vessel’s representative fail or decline to so verify quantities of the Marine Fuels, measurement of quantity made by Seller or Seller’s supplier as aforesaid are final and conclusive as to the quantities sold and delivered, and no claims for shortage shall be allowed subsequent to delivery.
3. The Marine Fuels to be delivered under this Contract shall be measured and calculated in accordance with the ASTM-API-IP Petroleum Measurement Tables.

V. Sampling
1. The Sellers shall arrange for two (2) identical representative samples of each grade of Marine Fuels to be drawn throughout the entire bunkering operation in the presence of both the Sellers and the Buyers or their respective representatives.
2. The samples shall be drawn at a point, to be mutually agreed between the Sellers and the Buyers or their respective agents, closest to the Vessel’s bunker manifold.
3. The aforementioned samples shall be securely sealed and provided with labels showing the Vessel’s name, identity of delivery facility, product name, delivery date and place, authenticated with signature of the Sellers` representative and the Master of the Vessel or signature of his authorized representative. 
4. One (1) sample shall be retained by the Sellers for thirty (30) days after delivery of the marine Fuels to the Vessel, the other one (1) sample shall be retained by the Vessel. 

VI. Delivery
1. The Marine Fuels shall be delivered to the Vessel at the port or place stated in Nomination. Subject to the custom of the port, delivery shall be made day and night, Sundays and holidays included.
2. The Vessel’s estimated time of arrival shall be stated in Nomination.
3. The Buyers, or their agents at the port or place of delivery, shall give the Sellers`, or their representatives at the port or place of delivery, 72 and 48 hours approximate (Saturdays, Sundays and holidays excluded) and 24 - hours definite notice (Saturdays, Sundays and holidays excluded) of arrival and exact location and time at which deliveries are required.
4. The Marine Fuels shall be delivered:
a) at the Sellers` terminal; 
b) by tank trucks;
c) by bunkering barge
5. The Sellers shall:
a) be in possession of all permits required to comply with all relevant regulations pertaining to delivery of Marine Fuels at the p