GINDANA BUNKERING AND TRADING TERMS AND CONDITIONS
The following terms and conditions shall apply, except if the parties agree otherwise.
The price for delivery of marine fuel shall be agreed upon by Buyer and Seller. Buyer also shall pay all applicable duties, taxes, fees and other costs imposed by governmental authorities and other institutions.
Buyer is responsible for the selection of proper grades. Buyer at its own expense may appoint an independent petroleum inspector to inspect the marine fuel. Any such inspection will take place in the presence of a representative of the seller. Claims about the quality of marine fuel must be based on tests made by independent laboratory from samples taken from the barge or truck from which delivery is made. Such claims must be received no later than 21 days from the date of delivery.
The Seller shall arrange for two (2) identical representative samples of each grade of Bunkers to be drawn or dripping throughout the entire bunkering operation. If practically possible such samples shall be drawn dripping in the presence of both the Sellers and the Buyers or their respective representatives.
The quantity of the fuel delivered will be determined by certificated flow meter mounted on board. Buyer’s representative has the right to be on board during supply and check the counter and other parameters (temperature, density), but determination of quantity shall be made solely by Seller, and will be conclusive.
Payment shall be made by buyer in U.S. dollars according to received invoice within period of time stated on invoice. Payment shall be made by bank transfer to seller’s account. If buyer fails to do payment within agreed time, then buyer shall pay 1.5% fine from the unpaid amount for each delayed day. If at any time seller considers buyer’s financial condition inadequate to meet buyer’s obligation, cash payment in advance be required before delivery.
5) Nomination and Deliveries
The fuel order shall be considered firm when both sides confirm price and quantity to be delivered to the vessel. Buyer will make all connections and disconnections of the delivery hose and will render all other necessary assistance and equipment to receive deliveries. If buyer fails to take delivery, in whole or in part, Buyer shall be responsible for any costs. Also, buyer shall be responsible for any other costs resulting from the Buyer’s failure to take delivery. If Buyer cancels the nomination any charges incurred are for Buyer’s account.
6) Force Majeure
Seller shall not be responsible for any delay or failure to deliver fuel due to circumstances beyond Seller’s control.