General Terms and Conditions 2018
Preamble
These General Terms and Conditions shall apply to all deliveries contracted for unless the Sellers expressly confirm otherwise in the Confirmation Note. Each delivery shall constitute a separate contract.1
Definitions
1.1
“Bunker Confirmation” means the Seller’s written confirmation.
“Bunker Tanker” means bunker barge or tanker or tank truck supplying Marine Fuels to the Vessel.
“Buyer” means the party or parties contracting to purchase and/or take delivery of the Marine Fuels.
“Contract” means this contract of sale and delivery of Marine Fuels on the terms hereof as agreed by and between the parties.
“Clause” means a clause in these General Terms and Conditions, and “Sub-clause” means a section thereof.
“Confidential Information” means business details and proprietary information of the Parties, including but not limited to pricing and credit terms, not generally available to the public.
“Day” means calendar day, unless otherwise stated.
“Delivery Receipt” means the documents provided by the Bunker Tanker to the Vessel after delivery of the Marine Fuel(s) is complete stating the quantity and grade(s) of Marine Fuel(s) delivered.
“Marine Fuels” means products delivered or to be delivered to the Vessel.
“Month” means 30 calendar days.
“Seller” means the company contracting to sell and deliver Marine Fuels.
“Parties” means the Seller and the Buyer collectively.
“Party” means the Seller or the Buyer.
“Vessel” means the vessel, rig, platform or other installations to which the Marine Fuels are being delivered or in respect of which the Buyer has contracted to buy the Marine Fuels.
2
Grades/Quality
2.1
2.2
2.3
2.4
The Buyer shall be responsible for keeping delivered Marine Fuels segregated from other fuel onboard the vessel. The seller shall be resolved from all liability regarding both quality and quantity of the Marine Fuels as soon as the delivered Marine Fuels are blended with other fuel onboard the Vessel.
3
Quantities/Measurements
3.1
3.2
Subject to the provision of Sub-clause 7.3 and Clause 11, the quantities of Marine Fuels delivered shall be determined from the official gauge or meter of the bunker Tanker effecting delivery, or in case of delivery exwharf, of the shore-meter.
3.3
The Seller shall measure the quantity of the Marine Fuels delivered and the Buyer (or their representative) may at their own expense witness such measurement. All such measurements made by the Seller shall be conclusive and final. The Seller shall record the quantity of fuel delivered on the Delivery Receipt. The Buyer will be charged for the Marine Fuels on the basis of quantity stated on the Delivery Receipt.
4
Sampling
4.1
The Seller shall arrange for two (2) identical representative samples of each grade of Marine Fuels to be drawn throughout the entire delivery. If practically possible such samples shall be drawn in the presence of the Seller’s and the Buyer’s or their respective representatives.
4.2
In case that drip sampling is not available onboard the Barge, the Tank Truck or Shore Tank, samples shall be taken as a composite of each tank divided with 1/3 from each the top/mid/bottom of the tanks.
4.3
The two (2) identical samples referred to in Sub-clause 4.1 shall be securely sealed and provided with labels showing the Vessel’s name, identity of delivery facility, product name, delivery date and place and point of sampling and seal number, authenticated with the Vessel’s stamp and signed by the Seller’s representative and the Master of the Vessel or his authorized representative.
4.4
4.5
4.6
In the event of a dispute relating to the quality of the Marine Fuels delivered, the samples drawn pursuant to
Sub-clause 4.4 shall be deemed to be conclusive and final evidence for the quality of the Marine Fuels
delivered. In case of dispute, one of the samples retained by Seller shall be forwarded to a by both Seller and
buyer agreed independent laboratory for a final and binding analysis. The seal must be breached only in
presence of both parties unless one/both in writing have declared that they will not be present; and both
parties shall have the right to appoints independent person(s) or institutions(s) to witness seal breaking. No
samples subsequently taken shall be allowed as (additional) evidence. If any of the seals have been removed or tampered with by an unauthorized person, such sample(s) shall be deemed to have no value as evidence.
5
Agents and brokers
5.1
The person or entity with whom the Seller is corresponding shall be a Buyer and responsible for payment for the Marine Fuels unless that person specifically declares in writing to the Seller prior to dispatch by the Seller of the Bunker Confirmation that it is not the Buyer and at the same time provides in writing to the Seller the full name and address of the Buyer.
5.2
Without prejudice to the provisions of Sub-clause 5.1 in the person or entity with whom the Seller is corresponding is an agent of the Buyer then such person or entity shall be jointly and severally liable with the Buyer for all obligations of the Buyer under the Contract not with standing that such person or entity purports to contract as an agent.
6
Delivery
6.1
Delivery of the Marine Fuels shall be made day and night, Sundays and holidays included, at the port or place of delivery, subject always to the custom of that port or place.
6.2
The Buyer shall at the time the order is placed designate a date or range of dates for delivery of the Marine Fuels, which dates will be confirmed in the Bunker Confirmation for delivery of the Marine Fuels.
6.3
The Buyer, or their agents at the port or place of delivery, shall give the Seller or its representatives at the port or place of delivery, 72 and 48 hours approximate and 24 hours definite notice of the Vessel’s arrival and the location and time at which deliveries are required.
6.4
The Seller shall be in possession of all permits required to comply with all relevant regulations pertaining to delivery of Marine Fuels at the port or place of delivery and subject to local laws, render all necessary assistance which may be reasonably required to make connections and disconnections between the delivery hose(s) and the Vessel’s bunker manifold.
6.5
The Seller shall have no responsibility for detention or demurrage incurred by Buyer or to Buyer’s Vessel caused by delays in the Bunker Tanker arriving on station due to bad weather, bad visibility, or breakdown.
6.6
The Buyer shall be responsible for making all connections and disconnections between the delivery hose(s) and the Vessel’s bunker manifold and to ensure that the hose(s) are properly connected to the Vessel’s bunker manifold prior to the commencement of delivery; and ensure that the Vessel is in possession of all certificates required to comply with all relevant regulations pertaining to delivery of the Marine Fuels at the port or place of delivery and that the Master of the Vessel shall advise the Seller in writing, prior to delivery, of the maximum allowable pumping rate and pressure and agree on communication and emergency shut-down procedures; notify the Seller in writing prior to delivery, of any special conditions, difficulties, peculiarities, deficiencies or defects in respect of and particular to the Vessel which might adversely affect the delivery of the Marine Fuels; and provide a free side to receive the Marine Fuels and render all necessary assistance which may reasonably be required to moor or unmoor the Bunker Tanker, as applicable.
7
Documentation
7.1
Before commencement of delivery the Seller shall without obligation endeavour to present a bunker requisition form or similar document, duly signed by the Seller or its representative, which shall contain the quantities to be delivered and all information required in accordance with the Bunker Confirmation or any subsequent amendments thereof, including, in particular, the values for:
– viscosity
– density
– sulphur content
– flash point
7.2
If available, similar information may be provided for vanadium, ash content, water content and pour point. Once the delivery is completed and quantities measured, a Delivery Receipt shall be presented to the Master of the Vessel or his authorized representative containing the following information:
– delivered quantity in volume units
– density in kg/m3 at 150 C as per ISO 3675
– flash point
– sulphur content in % m/m as per ISO 8754
– viscosity
The Master or his representative shall sign the Delivery Receipt and return it to the Seller or its representative as acknowledgements of the actual volume only. A duplicate copy shall be retained by the Vessel.
7.3
In the event the Master of the Vessel is not satisfied with the sampling, quality, quantity or any other matter
concerning the Marine Fuels or their delivery, he shall take immediate phone contact to Seller’s 24/7 phone
number stated in the lower right footer of the Bunker Confirmation or to Buyer, whom must take immediate
action on the complaints to solve the issue raised by the Master of the Vessel. Verification of the information
provided under Sub-clause 7.2 may later be obtained by analysis of the Vessel’s retained sample.
7.4
Buyer warrants that they are authorized by the Vessel’s owners/operators to order the Marine Fuels delivered to the Vessel and that they have provided a copy of these terms and conditions to the Vessel’s owner and/or Master.
7.5
Buyer further warrants that by receiving the Marine Fuels and signing the Bunker Delivery Receipt, the Master acknowledges the Vessel is bound by the terms and conditions contained herein.
8
Price
8.1
The price of the Marine Fuels shall be in the amount expressed per unit and in the currency stated in the Bunker Confirmation for each grade of Marine Fuels delivered to the Vessels tanks, free delivered/ex-wharf as applicable and stated in the Bunker Confirmation. In the event the price is quoted in volume units, conversion to standard volume shall be at sixty (60) degrees Fahrenheit or at fifteen (15) degrees Celsius.
8.2
In additional to the price stated in the Bunker Confirmation, and unless otherwise expressly agreed in the Bunker Confirmation, the Buyer shall pay any and all additional charges associated with the delivery, including but not limited to: Wharfarge charges, barging charges or other similar charges. Mooring charges or port dues incurred by the Seller which are for Buyer’s account;
9
Payment
9.1
Payment for the Marine Fuels shall be made by the Buyer as per stated in the Bunker Confirmation, after the completion of delivery. In the event payment has been made in advance of delivery, same shall be adjusted on the basis of the actual quantities of Marine Fuels delivered and additional payment and/or refund shall be made within seven (7) Days after the completion of delivery.
9.2
Payment shall be made in full, without set-off, counterclaim, deduction and/or discount, free of bank charges.
9.3
Payment shall be deemed to have been made at the time the funds are credited to the bank account designated by the Seller. If payment falls on a non-business day, then payment shall be made on or before the business day nearest to the due date. If the preceding and succeeding business day are equally near to the due date, then payment shall be made on or before the preceding business day.
9.4
Any delay in payment and/or refund shall entitle either party to interest at the rate of five (5) per cent per Month or any part thereof. Any payments made by Buyer and received by Seller shall be credited first against any interest owed under this section after which the balance of the payment, if any, shall be credited against the principal debt.
9.5
The Seller shall have the right to settle any payment(s) received by the Buyer or its representative against any due invoice(s), regardless of the Buyer’s designation or marking of the payment(s) or communication between the Parties.
9.6
In the event of non-payment, the Seller reserves the right to pursue all legal remedies available to recover the amount owed. The Seller shall have a maritime lien on the Vessel identified by its IMO number until payment and interest has been received by the Seller. The Seller shall not be bound by any attempt by any person to restrict, limit or prohibit its liens attached to the Vessel. ‘No-Lien’ stamps or remarks in any form or wording on the Delivery Receipt(s) or in any document, letters or e-mails received from owners shall be invalid and of no effect and shall in no way impair Seller’s lien or discharge the Vessel’s responsibility for debts under this Contract.
10
Cancellation
10.1
Should Buyer elect to cancel a confirmed request for Marine Fuels or in the event the Vessel fails to take delivery of part or all of the requested Marine Fuels, the Buyer shall pay to the Seller a cancellation fee of five (5) per cent of the order price and any documented costs and/or damages resulting from such cancellation to the extent such damages exceed five (5) per cent of the order price.
11
Claims
11.1
Any dispute as to shortage in quantity must be noted at the time of delivery on the bunker receipt or in a letter of protest. Any claims as to short delivery shall be presented by Buyer’s in writing, fully substantiated, within twenty-four (24) hours from the time of delivery together with all documents supporting Buyer’s claim, failing with any such claim shall be waived and barred.
11.2
The Buyer shall be charged for all proven additional expenses incurred by the Seller in connection with the Buyer’s failure to take delivery of the full quantity of the Marine Fuels ordered by the Buyer.
11.3
Any claim as to the quality of the Marine Fuels must be notified to Seller in writing promptly after the
circumstances giving rise to such claim have been discovered. If the Buyer do not notify the Seller of any such
claim within fifteen (15) Days of the date of delivery, such claim shall be deemed to be waived and barred.
11.4
In the event the Buyer present a timely claim under Sub-clause 11.3, the Buyer shall within three (3) Months of
the date of such claim provide all supporting documentation for such claim. Failing to do so such claim shall be
deemed waived and barred.
11.5
In the event a quality claim is raised pursuant to this Sub-clause, the Parties hereto shall have the quality of
the Marine Fuels analyzed by a mutually-agreed, qualified and independent international recognized
laboratory. The Seller shall designate a minimum of two (2) such laboratories, and Buyer shall choose one
laboratory from those designated for a final and binding test. The Seller shall provide the laboratory with one of
the samples retained by them as per Sub-clause 4.4. The analysis shall be established by tests in accordance
with those specified under ISO Standard 8217(E):2005 or equivalent and only the parameters in dispute shall
be tested. Unless otherwise agreed the expenses of the analysis shall be for the account of the Party whose
claim is found wrong by the analysis.
11.6
Any notice of a claim regarding delay must be given to the Seller no later than fifteen (15) Days of the date of
delivery, together with all documents supporting Buyer’s claim, failing which any such claim shall be waived
and barred.
11.7
In the event of any delay resulting from the Buyer’s failure to give proper notices and/or to comply with the
notices given pursuant to Sub-clause 6.3 and/or the Buyer’s Vessel failing to receive Marine Fuels at the
pumping rate referred to in Sub-clause 6.6 or the Seller’s failure to commence delivery of the Marine Fuels
promptly in accordance with the Buyer’s required delivery time as notified pursuant to Sub-clause 6.3, except
as provided in Clause 6.5, and/or the Seller’s failure to deliver the Marine Fuels in accordance with the
minimum hourly pumping rate as advised prior to delivery, then the Party suffering such delay shall be entitled
to compensation from the other Party for such delay.
11.8
In the event the Buyer fails to take delivery within the date or range of dates for delivery confirmed in the
Bunker Confirmation, the Seller can choose to deliver to the Buyer on a date of the Seller’s choice at the price
stated in the Bunker Confirmation plus any additional costs incurred by the Seller in delivering on a date other
than the date or range of dates confirmed in the Bunker Confirmation, hereunder any additional costs due to
an increase in the relevant Platt’s publications or similar quotation, which may be obtained from the Seller
upon request accept a new date or range of dates for delivery of the Marine Fuels as the basis of a new
contract for which a new price can be agreed upon with the Buyer, or terminate the
Contract and the Buyer shall pay to the Seller any costs resulting from such
cancellation.
12
Liability
12.1
The Seller’s total liability to the Buyer for any and all categories of loss and/or damages of whatsoever kind
and type shall not exceed the total purchase price of the provision of the Marine Fuel that is the subject of the
claim. This limitation of the Seller’s liability to the Buyer shall apply regardless of whether that liability arises in
contract, tort or any other way whatsoever and shall be in addition to any other exclusions or limitations
available to Seller under law.
12.2
The Seller shall have no liability under this Clause 12 unless and until the Seller has received full payment
from the Buyer of all sums due under this Contract.
12.3
Neither party hereto shall be liable, whether in contract, tort or any way whatsoever, for any indirect, special,
punitive, exemplary, incidental or consequential losses, damages or expenses of any kind.
12.4
In addition, and for clarification, the Seller shall not be liable for any of the following; loss of actual, projected
and/or prospective profits, anticipated costs savings, loss of other contracts or financial or economic loss;
and/or except as provided in Clause 11.3, any demurrage, detention and/or off-hire.
12.5
Seller and Buyer recognize the risks inherent in ship to ship operations and that the decision to proceed with
such operations is in the sound discretion of the Masters of the vessels involved. It therefore is agreed that;
Buyer assume all liability for any loss or damage to Buyer’s Vessel or injury to the crew thereon caused by any
condition of the Bunker Tanker or any fault of the Master or crew of the Bunker Tanker and Buyer shall
indemnify and defend Seller against all such liability.
12.6
Seller assumes all liability for any loss or damage to the Bunker Tanker or injury to the crew thereon caused by
any condition of Buyer’s Vessel or any fault of the Master or crew of Buyer’s Vessel and Seller shall indemnify
and defend Buyer against all such liability.
12.7
Where claims arise under any other Clause of this Contract, compensation payable shall be deducted from
sums payable under this Clause 12.
13
Risk/Title
13.1
Risk of loss and all responsibility for any damage caused by or to the Marine Fuels shall pass to the Buyer
once the Marine Fuels have passed the Seller’s flange connecting the Vessel’s bunker manifold to the delivery
facilities provided by the Seller.
13.2
Title to the Marine Fuels shall pass to the Buyer upon payment for the value of the Marine Fuels delivered,
pursuant to the terms of Clause 9 hereof. Until such time as payment is made, on behalf of themselves and the
Vessel, the Buyer agree that they are in possession of the Marine Fuels solely as Bailee for the Seller, and
shall not be entitled to use the Marine Fuels delivered other than for the propulsion of the Vessel, nor mix,
blend, sell, encumber, pledge, alienate, or surrender the Marine Fuels to any third party or other Vessel. The
Seller shall have a lien on the Marine Fuels to secure the purchase price, and the Buyer agree that upon
demand the Seller may remove the Marine Fuels from the Vessel without judicial intervention if the purchase
price is not timely paid.
13.3
The Seller’s right to remove the Marine Fuels set forth in Clause 13.2 is not an exclusive remedy and is in
addition to any other legal rights the Seller may have under this Contract.
14
Termination
14.1
Without prejudice to accrued rights hereunder, the Seller shall be entitled to terminate this Contract in the
event of any application being made, or any proceedings being commenced, or any order or judgement being
given by any court, for the liquidation, winding up, bankruptcy, insolvency, dissolution, administration or reorganization or similar, or the appointment of a receiver, liquidator, trustee, administrator, administrative
receiver or similar functionary of the Buyer of all or a substantial part of its assets
(otherwise than for the purpose of a reconstruction or amalgamation).
14.2
The Buyer or any of their affiliates failing to pay their debts as they become due or suspending payment of
their financial obligations, ceasing to carry on business, or compounding or making any special arrangement
with their creditors or any act being done or event occurring which, under the applicable law thereof, has a
substantially similar effect to any of the said acts or events described above
15
Anti-bribery & Corruption
15.1
The Seller and Buyer warrant and undertake that in connection with the sale and purchase of Marine Fuels
under this Contract they will each respectively comply with all applicable laws, regulations, rules, decrees
and/or official government orders and requirements of the United States, the United Kingdom, Denmark, and
any other relevant jurisdiction relating to anti-money laundering and anti-bribery.
16
Force Majeure
16.1
Except in relation to payment obligations under this Contract, neither Party shall be responsible to the other for
any loss, damage, delay or failure in performance of obligations required of them under this Contract, resulting
from an Act of God, war, civil commotion, riot, quarantine, strike, stoppage, lock-out or labour dispute, arrest,
restraint of princes, rulers and people, piracy, acts of terrorism, trade restrictions, fire and explosion, accident,
any government or lawful authority requisition, control, intervention, requirement, order or interference or any
other event whatsoever which is beyond the control of Parties and cannot be avoided or guarded against by
the exercise of due diligence.
16.2
In addition, the Seller shall not be liable for loss, damage, delay or failure by it to perform all or any part of its
obligations under this Contract resulting from:
16.2.1
delay of the Bunker Tanker en-route from the load port to the delivery location due to breakdown or bad
weather and/or visibility; or
16.2.2
shortage or delay in the delivery of the Marine Fuels to the Bunker Tanker at the load port due to the
producing, manufacturing and/or blending of the Marine Fuels outside the load port or the transportation of the
Marine Fuels to the load port which is beyond the control of the Seller.
17
Safety and the Environment
17.1
In the event of any spillage (which for the purpose of this Clause shall mean any leakage, escape, spillage or
overflow of the Marine Fuels) causing or likely to cause pollution occurring at any stage of the Marine Fuels
supply operation, the Buyer and the Seller shall jointly, and regardless as to whether the Buyer or the Seller
are responsible, immediately take such actions as are reasonably necessary to abate the spill and effect clean
up and which shall always be conducted in accordance with such local laws and regulations which may
compulsorily apply.
17.2
Where it is a compulsory requirement of the law of the port or place of delivery of the Marine Fuels that the
Seller shall have in place their own oil spill contingency plans, the Seller shall ensure that valid oil spill
contingency plans approved by the relevant authorities are in effect to the extent that is so required.
17.3
The Seller hereby guarantees payment of and/or agrees to indemnify and hold the Buyer harmless for any
claims, losses, damages, expenses, penalties or other liabilities incurred by the Buyer under the United States
Oil Pollution Act of 1990, or other state, national or international oil pollution legislation, as a result of any
spillage occurring before risk of loss and responsibility for the Marine Fuels passes to the Buyer under Subclause 13.1, except to the extent that such spillage is caused or contributed to by any fault on the part of the
Buyer. The Buyer shall similarly indemnify the Seller where any such spillage occurs once risk in the Marine
Fuels has passed to the Buyer
17.4
The Seller shall use its best endeavors to ensure that the bunker supplying company is fully insured for oil spill
liabilities as required by statutory rules or regulations. Proof and conditions of such coverage established by
the bunker supplying company shall be made available to the Buyer at their request,
as soon as practically possible.
17.5
The Buyer warrant that the Vessel is entered with a P&I Club and insured for pollution liability risks.
17.6
The Buyer warrant that they enforce a company drug and alcohol policy on board their vessels, whereby the
Seller’s personnel must not be intoxicated at any time on board. It is understood and agreed that the selling,
possession, distribution, use or being under the influence of any controlled substance or dangerous drugs
other than those medically prescribed is prohibited.
17.7
The Seller hereby advises the Buyer that it enforces a company drug and alcohol policy in its facilities and on
board its vessels, which the Buyer’s personnel must comply with while in such facilities or on board such
vessels. It is understood and agreed that the selling, possession, distribution, use or being under the influence
of alcohol or any controlled substance or dangerous drugs other than those medically prescribed is prohibited.
18
Confidentiality
18.1
Neither Party shall disclose to third parties any Confidential Information learned during pre-contractual
discussions except with the prior written consent of the other Party, or to the extent required by law or
regulation or by request of a government or agency thereof, or to the extent the disclosure is made in
connection with an arbitration between the Parties or an action to enforce or vacate an arbitration award.
18.2
The Parties shall take reasonable precautions to ensure that no unauthorized disclosure of Confidential
Information takes place.
18.3
If a Party is uncertain to whether information is confidential, that Party shall consult with the other Party.
18.4
Should either Party be required by law to disclose Confidential Information, the disclosing Party will notify the
other party and shall disclose only the minimum Confidential Information required to satisfy legal requirements
18.5
Information is not confidential for the purposes of this Clause if it was in the possession of the Party prior to
receipt from the other Party; becomes public available other than as a result of a breach of this Contract by
one of the Parties; or is lawfully received from a third party.
18.6
This Clause shall survive termination of this Contract.
19
Partial Validity
19.1
If any provision of this Contract is or becomes or is held to be illegal, invalid or unenforceable in any respect
under any law or jurisdiction, the provision shall be deemed to be amended to the extent necessary to avoid
such illegality, invalidity or unenforceability, or, if such amendment is not possible the provision shall be
deemed to be deleted from this Contract to the extent of such illegality, invalidity or unenforceability, and the
remaining provisions shall continue in full force and effect and shall not in any way be affected or impaired
thereby.
20
Dispute Resolution
20.1
This Contract shall be governed by and construed in accordance with the Maritime Law of the United States,
Title 9 of the United States Code, and the Uniform Commercial Code as applied in New York. Any dispute
arising out of or in connection with this Contract shall be referred to arbitration before three persons at New
York, one to be appointed by each of the parties hereto, and the third by the two so chosen; their decision or
that of any two of them shall be final, and for the purposes of enforcing any award, judgement may be entered
on an award by any court of competent jurisdiction. The proceedings shall be conducted in accordance with
the rules of the Society of Maritime Arbitrators, Inc. In cases where neither the claim nor any counterclaim
exceeds the sum of US$75,000 (or such other sum as the parties may agree) the arbitration shall be
conducted in accordance with the Shortened Arbitration Procedure of the Society of Maritime Arbitrators, Inc.
current at the time when the arbitration proceedings are commenced. The arbitrators shall be commercial men
and/or familiar with shipping matters.
20.2
This agreement to arbitrate is without prejudice to Seller’s right to use any and all legal
process to obtain security for its claims in the United States and/or anywhere in the
world pending resolution of the merits of its claim in arbitration.
20.3
This agreement to arbitrate shall not limit the right of the Seller to commence any proceedings against the
Buyer in any other jurisdiction, hereunder to commence proceedings on the merits in the jurisdiction pending
an arrest of the Vessels and/or other property.
20.4
The Parties hereby agree that any arbitration award issued by the Society of Maritime Arbitrators, Inc. shall be
confidential and may not be published by the Society of Maritime Arbitrators, Inc. or disclosed in any way
unless expressly agreed and authorized by the Parties in a signed writing.
21
Notice
21.1
Any Party giving notice under this Contract shall ensure that it is effectively given. Notice shall be considered
as received by a Party on the date it is received by that Party during normal working hours. If notice is received
after normal working hours, it shall be considered as received on the recipients’ next working day. Notice to the
Buyer is effective if sent by email, fax, and/or regular mail to the Party ordering the Marine Fuels. Notice to the
Seller is effective if sent by email, fax, and/or regular mail to the Ozgaz entity named on the Bunker
Confirmation.
These General Terms and Conditions shall remain applicable to any transaction between the Seller and the Buyer –
including their fleet of vessels whether disponed, managed, chartered or owned.