Terms & Conditions

1. Definitions
"Seller" means Marineoil Bunkering Services Ltd.,
"Buyer" is a party obligated to buy Marine Fuel under this Agreement,
"Delivery Date" is the date on which the Marine Fuel is to be delivered to the vessel by Seller,
"Marine Fuel" means the type/s, quantity/ies and commercial grade/s of bunker fuel oil, Intermediate Fuel Oil ( IFO ), Marine Diesel Oil ( MDO ),
Marine Gas Oil ( MGO ) Lubricants and/or any petroleum products specified which Seller has agreed to sell to Buyer,
"Vessel" is the marine vessel to which Marine Fuel to be delivered,
"Port" is the port at which Marine Fuel to be delivered to the Vessel,
"Supplier" is the party from whom Seller obtains Marine Fuel for resale to Buyer,
"Bunker Supply Confirmation" is the document stating nominated and agreed details.

2. Deliveries of Marine Fuel shall be made during local, normal working hours on normal working days at Port. If Buyer requires delivery or causes delivery to be made at any time/where else, then Buyer shall pay to Seller any additional expenses or cost incurred by Seller or Supplier as result of such delivery.
If a delivery permit is required from any local authority, for any delivery of Marine Fuel hereunder, then Buyer shall be responsible for obtaining same. No deliveries shall be made until such time as Buyer has obtained all required delivery permits.
Buyer shall give Seller written notice at least forty-eight (48) hours prior to the delivery date of the estimated time/s on such date Vessel will be ready to receive Marine Fuel. In such notice, any extraordinary delivery condition requested by Vessel have to be confirmed by Supplier in writing. Additional/extra costs to be covered by Buyer, if any.
Seller and Supplier shall not be liable for special, indirect, punitive or exemplary damages of any kind arising out of or in connection with the performance or non-performance of this agreement

3. It is Buyer’s responsibility to take all essential actions to be confirmed by Seller in writing to eliminate or minimize any costs associated with an off specification Marine Fuel supply. To this end Vessel and Buyer shall co-operate with Seller for the most reasonable solution agreed. In any event Seller’s obligation hereunder shall not exceed direct expenses incurred for removal and replacement of Marine Fuel. And shall not include any consequential or indirect damages, including without limitations any damage to machinery, time loss claims, loss of profit and loss of contract. If Marine Fuel is removed without Seller’s approval than all such costs shall be for Buyer’s account.

4. Title to the product/s supplied pursuant to this contract shall remain with Seller until Seller has been paid in full and Seller shall have a lien on Vessel and any bunkers on board her in respect of its claim for payment for the product/s which are the subject hereof, which claim shall include interest, legal costs and any other ancillary costs attendant upon enforcement of this contract and/or Seller’s lien.
Delivery shall be completed and title to, risk of loss and liability of all Marine Fuel supplied hereunder shall pass from Seller to Buyer as Marine Fuel passes the permanent hose connection on Vessel or, in the case of delivery by drum, as Marine Fuel passes Vessel’s rail.

5. Quantity of Marine Fuel Delivered shall be measured by the Seller or its Supplier and these measurements will be final and binding. It is the Master/Chief Engineer’s responsibility to ensure that all samples have been drawn as per International Bunkering Practice, that is the continuous drip method at the point of supply. Vessel receives a minimum of one bottle. All samples are sealed/countersigned in the presence of representatives of both Vessel and Supplier. Sample detained by the Supplier have to be final and binding. Delivery receipts are signed and stamped by a representative of Vessel.

6. Buyer is warranting that he has the authority to bind Vessel to a maritime lien. It is Buyer’s responsibility to obtain the authority and to advise any other interested party of this information. A disclaimer note placed by a Vessel’s representative on the delivery receipt does not in any way waive Seller’s lien on Vessel and bunkers aboard.

7. Should Marine Fuel be ordered by Vessel’s agent and an agent acting for or on behalf of a Principals (whether such principals be disclosed or undisclosed), as Buyer, then such agent shall be jointly and severally liable with Buyer, as a principal and not as an agent, for the due and proper performance of this agreement.

8. Neither Buyer nor Seller nor Supplier shall be responsible for damages caused by delays, failure to perform in whole or in part any obligation hereunder (other than the payment of money), or noncompliance with any of the terms hereof when such delay, failure or noncompliance is due to or result from causes beyond the reasonable control of the affected party including, without limitation, acts of God, fires, floods, perils of sea, war (declared or un-declared), embargos, accidents, strikes, labour disputes, failure or shortage of vessel or barge service normally available to Seller or Supplier to, breakdown of or damage to, or shortage in facilities used for production, refining or transportation of Marine Fuel, acts in compliance with requests of any governmental authority or person purporting to act thereof, or any other similar causes. Notwithstanding the provision of its Article, Buyer shall not be relieved of any obligation to make payments for all sums due hereunder.

9. Neither Seller nor Supplier shall be liable for any demurrage or loss incurred by Buyer or Vessel caused directly or indirectly by delays due to or resulting from weather, local congestion at Port affecting Seller’s delivery facilities, the prior commitment, nonavailability and/or malfunction of delivery barges, or any event of Force Majeure. Buyer shall be liable for demurrage at rates established by Seller and for losses incurred by Seller as a result of any delay caused directly or indirectly by Buyer or Vessel in the use of delivery or barging facilities or in vacating a berth.

10. Any claims as to shortage in quantity, defects in quality, or otherwise shall be made in writing by Seller within fifteen (15) days after the delivery in question, otherwise all such claims shall be deemed to have been waived in their entirety. Any claims, notices, or information written on the delivery receipt or written in form of a memo or letter of protest from Buyer’s Vessel or crew at time of the delivery will not constitute notification of a claim by Buyer, nor will any signatures by Seller’s or Supplier’s delivery crew on any such documents constitute an acceptance or acknowledgment of Buyer’s claim. All claims by Buyer are subject to the limitations set out in the last paragraph of article 2.

11. Seller does not warrant or guarantee that any physical supplier used to make deliveries to buyer is compliant with Marpol 73/78 Annex VI, regulations 14 and 18, as they apply to marine fuel deliveries, nor will seller be responsible for any costs, charges, or damages incurred by buyer from lack or non compliance of Marpol 73/78 Annex VI by either Supplier or Buyer’s Vessel personnel. Should physical supplier provide a certificate pursuant to Marpol Annex 73/78 Annex VI, such certificate does not constitute a general warranty of merchantability or fitness for a particular purpose of Marine Fuel.

12. Payment shall be made in U.S. dollars in full by means of telegraphic transfer to the bank identified in Seller’s invoice. No bank deduction/s, caused by Buyer’s bank and/or intermediate, allowed. Such transfer shall quote Seller’s invoice or order number, Buyer’s name, Vessel supplied. Payment shall be considered past due if not received by Seller within the period, confirmed on the Bunker Supply Confirmation of Marineoil Bunkering Services Ltd., from date delivery commences. Overdue payments shall be subject, at Seller’s sole discretion, to a service charge at the rate of 1.5% per thirty day period or the maximum rate under applicable law, whichever is less. If at any time Seller considers Buyer’s financial condition inadequate to meet Buyer’s obligation hereunder, cash payment in advance or security acceptable to Seller may be required before delivery and Seller may declare any amount then outstanding from Buyer to be immediately due and payable.

If Seller has extended credit to buyer, and if the applicable period expires on a Saturday, Sunday or any other day when Seller’s bank is closed for business, then Buyer shall arrange for the payment in question to be made within such shorter period as will enable the payment to have been made by the last day within the applicable credit period when Seller’s bank was open for business.

13. Environmental Protection
Buyer represents and warrants that,
It and Vessel’s crew are familiar with the health effects related to Marine Fuel supplied hereunder and with appropriate safety and health procedures for handling and for the use of such Marine Fuel. Buyer and Vessel’s crew shall adhere to such safety and health procedures while using or handling Seller’s Marine Fuel. Buyer shall also facilitate the dissemination of such health safety information to all employees, users, and other potentially exposed to Marine Fuel sold hereunder. Buyer shall be responsible for compliance by its employees, agents, and other of such health and safety information to all employees, users, and others potentially exposed to the Marine Fuel sold hereunder. Buyer shall be responsible for compliance by its employees, agents, and other users with all health and safety requirements or recommendations related to Marine Fuel supplied hereunder and shall exert its best efforts to insure that any of its employees or agents, users, and other potentially exposed persons avoid frequent or prolonged contact with or exposure to Marine Fuel both during and subsequent to delivery. Sells and/or Supplier accept no responsibility for any consequences arising from failure by Buyer, its employees or agents, any users, or any other party to comply with such health and safety requirements or recommendations arising from such contact or exposure.
Vessel is properly equipped, maintained and operated so as to avoid the escape, spillage or discharge of oil at the time of all deliveries of Marine Fuel hereunder. If a spill does occur while Marine Fuel is being delivered by Seller or Supplier to Buyer and Vessel, then Buyer shall promptly take such action as is reasonably necessary to remove the oil and mitigate the effects of such spill. However, notwithstanding the cause of such spill, Seller and/or Supplier is hereby authorized, at its/their option, to take such measures and incur such expenses (whether by employing its own resources or by contracting with others) as are reasonably necessary to remove the oil and mitigate the effects of such spill. In the event Seller and/or Supplier has exercised its/their option to remove the oil and mitigate the effect of such spill, Buyer agrees to cooperate and render such assistance as is reasonably required by Seller and/or Supplier. All expenses, damages, costs, fines and penalties arising from a spill or any pollution caused thereby shall by paid by the party that caused such spill by a negligent act or omission. If both parties have acted negligently, all such expenses, damages, costs, fines and penalties shall be divided between the parties in accordance with their respective degree of negligence. Buyer shall furnish to Seller and/or Supplier photocopies of all documents and any other information concerning any spill, or ant program for the prevention thereof, that is reasonably required by Seller and / or Supplier, or required by any regulation application at Port on Delivery Date.
Marine Fuel purchased hereunder is for the operation of the nominated Vessel only.

14. Buyer shall indemnify and hold Seller and Supplier harmless from and against any and all claims, demands, suits or liability for damage to property or for injury or death of any person, or for noncompliance with any requirement of any government arising out of or in any way connected with the fault of Buyer or its agents or servants or other third parties in receiving, using, storing, or transporting Marine Fuel delivered.

15. Buyer may not assign any of its rights or obligations under the agreement without the Seller’s Prior written consent. Seller may, however, assign any of its rights and obligations hereunder without the Buyer’s prior consent.

16. This Agreement shall be governed by and construed in accordance with the laws of the United States of America. Buyer and Seller hereby agree to the jurisdiction of the United States District Courts.

17. Please send your confirmation by return in writing for our records. It is the responsibility of Buyer and/or Buyer’s representative/intermediary to inform vessel’s owner of the contract and Marine Fuel Sale Terms and Conditions that apply to the sale from Seller. If we are not informed immediately, in writing, of owner’s rejection, Marineoil Bunkering Services Ltd. will consider the owner to be aware of and in acceptance of our Marine Fuel Sale Terms and Conditions.