a. general terms and conditions for the sale of marine fuels ... - GAC

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A. GENERAL TERMS AND CONDITIONS FOR THE SALE OF
MARINE FUELS
1. DEFINITIONS
Effective as from 1 January 2007
For the purposes of these General terms and Conditions:
1.1 “The Seller” means GAC Bunker Fuels (South Africa) (Pty) Ltd.
1.2 “The Buyer” means the buyer of Marine Fuel from the Seller.
1.3 “The Supplier” means the manufacturer and/or the supplier of Marine Fuels
which are sold by the Seller to the Buyer of its nominee.
1.4 “Marine Fuel” means Marine Fuel Oil, Intermediate Fuel Oil, Thin Fuel Oil,
Marine Diesel Fuel, Light Marine Diesel, Gas Oil and Marine Lubricants.
1.5 “Notice” shall mean notice given in writing or by facsimile transmission or
by telex unless the parties expressly agree otherwise.
TERMS AND CONDITIONS APPLICABLE TO OFFSHORE
BUNKERING
1
The Supplier shall not be required to deliver product to any vessel’s tanks or any place
except at the place and point of delivery, unless both the Masters mutually agree to an
alternate position of delivery.
2
The Customer shall at his own expense provide the necessary facilities and assistance
required to effect the delivery and the Supplier shall ensure timely delivery provided that
should the weather conditions prevent or delay delivery, then the Supplier shall not be
liable for any demurrage, damages or any costs thereof.
3

The Customer shall make connection between the pipeline or delivery hoses and the
vessel’s intake line and shall ensure safe and satisfactory conditions during delivery.
4
Title shall be deemed to be complete when the oil passes the flange connecting the
Physical Supplier’s delivery facilities with the receiving facilities provided by the
Customer and the Customer shall assure all risks and liabilities at the same time.
5
The Customer shall indemnify the Supplier against all claims and expenses arising out of
delivery whether for loss, damage, delay, contamination or pollution and all other costs
for which the Customer is liable.
6
In the event the supply situation deteriorates and the product is not available from
Supplier’s source or anticipated sources, or if availability is curtailed, or if there is a
general shortage for any reason whatsoever, the Supplier may allocate available product
among its Customers in such a manner as it may on its sole discretion determine. In
case the product is not available at all, the Supplier shall advise the Customer of the
unavailability at the earliest opportunity.
7
The Customer shall give the Supplier at least 15 (fifteen) days prior notice of bunker
requirements, specifying vessel’s name, location, grades and quantities required and
delivery date including name of vessel’s agents if any. Thereafter, the Customer to give
10 days, 7 days and 5 days approximate notices to be followed by 3 days and 21 hours
definite notices. On receipt of 15 days notice, the Supplier to confirm the nomination.
8
Any information in regard to the point of delivery requested by the Customer from the
Supplier shall be obtained but only on the understanding that it is not a contractual
obligation and no responsibility whatsoever shall attach to the Supplier for its accuracy
or veracity.
9
Payment shall be made against facsimile copies of the invoice and delivery receipt and
the original sent to the Customer by first class mail immediately following the fax copies.
10
The Customer agrees and acknowledges that a lien over the vessel is automatically
reated for the price of the product supplied and attendant costs. The Customer, if not
the Owner, warrants that he has the authority of the Owner to pledge the vessel’s credit
and that he has given notice of the provision of this clause to the Owner.
11
The quantity of product delivered hereunder shall be determined at the tanks of the
supplying vessel by one such generally recognised methods of measurements as
appropriate. The quantity so determined shall constitute the invoice quantity. The
Customers or his representative must attend to the delivery to witness and participate in
measurement necessary for quantity determination and obtain at the time information
relating to delivery. The Supplier or his representative shall not be responsible for

establishing compatibility of the product or segregation on board the vessel. It is
expressly understood and agreed that the furnishing by the Supplier of proof of delivery
is not a pre-requisite to payment of the price.
12
In addition to the cost of product, the Customer agrees to pay all other charges ,
expenses incidental to the supply if incurred by the Supplier on behalf of the Customer.
13
The Supplier shall not be liable for any failure to fulfill any term or condition of this
contract if fulfillment has been delayed, hindered or prevented by any circumstances
whatsoever which are not within its immediate control, including but without limiting the
generality of the foregoing, any strike, lockout, labour dispute or reasonable
apprehension thereof, Government order, request or restriction, limitation or interruption
to existing or contemplated sources or supply of product or the means of supply thereof.
14
Except as expressly provided hereunder, the Supplier nor the Customer nor their
respective Insurers shall be liable for consequential, indirect or special losses or special
damages of any kind arising out of or in any way connected with the performance of or
failure to perform this contract.
15
In case delivery of the product is prevented or delayed due to weather conditions or due
to any other reason, the Supplier shall not be responsible for any demurrage, damages
or any consequential losses incurred by the Customer.
16
The vessel(s) will be bunkered as promptly as circumstances permit, but the delivering
company shall not be liable for any loss, damage, delay whatsoever which may be
suffered by the buyer as a result of any congestion affecting the delivering company’s
facilities, howsoever caused.
17
Other terms and conditions as per GAC Bunker Fuels general terms and conditions for
the supply of bunker fuels shall apply to this contract.
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