GENERAL SALES CONDITIONS
1.00 In the absence of express agreements to the contrary in writing, all sales will be subject to the following conditions:
2.00 WEIGHTS AND MEASURES
2.01 The buyer will accept the supplier's weights and measures. The Chief Engineer or Captain will sign a delivery note, which will bear a statement of the amount of fuel delivered, and this will constitute conclusive evidence. The Chief Engineer, Captain, or other authorized person in charge of the receiving vessel will be free to inspect the quantity to be supplied.
3.00 QUALITY
3.01 The fuels will be of the quality normally offered by our suppliers at the time and place of shipment, as per the grade or grades required by the purchaser. The purchaser will be responsible only for the appropriate choice for use in the vessel to which the delivery will be made.
4.00 SAMPLING
4.01 Representative samples of the fuel supplied will be taken as definitive evidence of the quality of the fuel.
In those ports in which Marinoil Service, S.A. operates as physical supplier, i.e. Santander, Bilbao, Bermeo, and Pasajes, Marinoil Service, S.A , guarantees the delivery of sample bottles to the person in charge of the vessel, while at his own plant it will keep another sample bottle, signed and sealed by the persons in charge of the vessel and of Marinoil Service, S.A., as evidence for use in the event of legal action in respect of the quality of his products.
On the other hand, when Marinoil Service, S.A. supplies only as a trader, the physical supplier's General Sales Conditions shall apply. (If you do not have these, please ask us for copies.)
5.00 NOMINATIONS
5.01 The purchaser will provide complete details (including port, agent, delivery date, quality, approximate quantity, and special notes).
5.02 Nominations must reach Marinoil Service, S.A. no later than two days before the supply. If the nomination reaches us at a later point, Marinoil Service, S.A. will do all it can to supply promptly, but without assuming any responsibility for such delays as may arise.
5.03 Marinoil Service, S.A. will not be under obligation to carry out deliveries of fuel if the nomination has not been accepted in writing, by email, or by fax.
5.04 All nominations accepted by Marinoil Service, S.A. will be kept for seven days and at the end of such period may be cancelled if the fuel has not been supplied.
5.05 The Captain of the vessel, directly or through the shipping agent, will notify the physical supplier of the data regarding supply, quantity, quality, date, time, etc., and will arrange delivery of the fuel.
6.00 RESPONSIBILITY
6.01 The responsibility of Marinoil Service, S.A. will in no case go beyond such damage, indirect or consequential, as may arise, and will in all cases be limited to the value of the product of each delivery made.
For payment of any compensation on the part of Marinoil Service, S.A., it is an essential condition that the client should have paid the invoice in full by its due date.
7.00 SUPPLY
7.01 Marinoil Service, S.A. shall not be under obligation to effect the supply if neither Marinoil Service, S.A. nor the supply company has fuel of the type specially required by the shipowner/purchaser, in the port or at the place where said supply is requested.
7.02 Supplies will normally be effected during business hours. Should it be necessary to supply at other times, Sundays and holidays included, and if the port regulations so allow, supply will be effected on condition that the purchaser/shipowner reimburse Marinoil Service, S.A., or the physical company, in respect of costs thus incurred.
7.03 Orders will be filled strictly in line with the sequence in which they arrive. Marinoil Service, S.A. will accept no responsibility for delays arising from congestion at the installations or in the services, or, should it so happen, from commitments earlier entered into by the barges.
7.04 A vessel that does not put in at port by the date agreed on, even though she may arrive within the feasible flexibility period above indicated, will not be supplied with fuel until fuel has first been delivered to all those vessels that have put in by the date announced in advance in the supply nomination. No claims made by the purchaser in respect of delays will be accepted.
7.05 Personnel on the receiving vessel will be required to connect the supply hoses to its fuel intakes, as well as to carry out disconnection.
7.06 In the event that the purchaser/shipowner should cause delays to Marinoil Service, S.A., or to the supply company, the purchaser/shipowner shall pay the overtime costs and any charges understood to be in force at the port when the supply is effected.
7.07 Once it has passed through the vessel's intake, possession of the fuel, and the risk inherent in its possession, will pass over to the purchaser/shipowner. Ownership, however, will remain with Marinoil Service, S.A. until the fuel has been paid for.
7.08 The fuel will be pumped at the expense and risk of Marinoil Service, S.A., or of the physical company that supplies it, only as far as the vessel's broadside. From that point onward Marinoil Service, S.A. , or the supply company, will bear no responsibility for such damage or loss as may occur.
7.09 Under the terms of this contract, the purchaser/shipowner shall indemnify Marinoil Service, S.A., or the supply company, in respect of damages or liabilities arising from any act or omission on the part of the purchaser/shipowner, of their employees, of the ship's officers, or of the crew members involved in receiving the supply. Hence no claim may be made against Marinoil Service, S.A. in respect of indirect or consequential damage.
7.10 Claims in respect of quality or quantity will be admitted providing Marinoil Service, S.A. is notified in writing not later than fifteen days following delivery date.
8.00 PRICES
8.01 The price will be as stipulated by Marinoil Service, S.A. in the telex or fax confirming the nomination. Taxes, duties, or fees of whatever kind assigned to Marinoil Service, S.A. by whatever authority, relating to or in consequence of the supply, will likewise be included in the price quoted, and shall be paid by the purchaser/shipowner to Marinoil Service, S.A.
9.00 INVOICES AND PAYMENTS
9.01 Payment shall in all cases be due in the currency in which the invoice is expressed. The overall amount shall be paid without deductions in respect of bank charges, differences in exchange rates, etc. to Marinoil Service, S.A. against receipt of the invoice (whether this be conveyed on paper, by fax, or by telex). In respect of payments in arrears there will in all cases be delay interest charges due to Marinoil Service, S.A. at the rate of 1.50% per month or fraction thereof.
9.02 In the event of failure to pay, Marinoil Service, S.A. will be entitled to reimbursement in respect of legal fees and collection expenses.
10.00 FINANCIAL RESPONSIBILITY
10.01 Delivery of the fuel, in accordance with the present contract, will be carried out not only on the basis of the purchaser's credit but also on that of the bond and credit of the vessel receiving the fuel, and it is agreed that Marinoil Service, S.A., or the supply company, will have and exercise all its rights over the vessel and the purchaser and/or shipowner, for the overall price of the supply.
11.00 TRANSFER
11.01 Marinoil Service, S.A. may transfer all or part of the rights and obligations that it has in consequence of the present contract. Any transfer made by the purchaser without the consent of Marinoil Service, S.A. will be invalid.
12.00 ARBITRATION AND REGULATION
12.01 Any dispute arising over the interpretation or execution of the present terms and conditions will be settled through ordinary legal channels, or alternatively by arbitration if the parties agree thereto. In this latter case settlement will be effected in accordance with the established regulations governing arbitration in Spain.
13.00 FORCE MAJEURE
13.01 Marinoil Service, S.A. will accept no responsibility for failing to deliver, or for delivering only in part, in consequence of force majeure, "force majeure" being here understood to include any cause, even if foreseen, such as war, blockade, hostilities, mutiny, civil riot, strike, lockout, labour disputes, epidemic, fire, flood, freeze-over, dangers of the sea, or other circumstance produced by Nature, machine breakdown, or any other cause not under the control of Marinoil Service, S.A. In the event of force majeure, Marinoil Service, S.A. may abrogate the contract without liability for damages or costs.
14.00 ENVIRONMENTAL PROTECTION
14.01 Should spillage occur while fuel is being delivered, the purchaser/shipowner will take responsible and appropriate action, or will have such action taken, so that the spillage may be cleaned up.