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Bunker purchase conditions

 
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Bunker purchase conditions


 

The quoted prices for delivery of bunkers must always meet the requirements of ISO 8217:2005 with the following additional herning shipping requirements. The below mentioned terms and conditions apply to all offers, quotations, orders, agreements, services and all subsequent contracts of whatever nature, except where seller has offered alternative specs/conditions. In these cases the agreed specs/conditions must be confirmed in writing by the seller; and subsequently accepted in writing by herning shipping.

Quality and Specification
Gasoil Oil must always appear clear and bright by visual inspection, max specific gravity 0,86 and maximum Sulphur content 0,2% - respectively 0,1% if the Gasoil is ordered, purchased and intended for use within the EU territorial waters, ports and inland.

Marine Diesel Oil must always appear clear and bright by visual inspection.

The content of Sulphur for any kind of Fueloil must be maximum 3,5% - however when low sulphur bunker for use within the SOx Emission Control Areas is ordered the Sulphur content must be maximum 1,0% of mass and otherwise any delivery must be fully in line with the regulations mentioned in the Marpol Annex VI regulations.

Quantity
If herning shipping have ordered the bunker with a spread, the exact quantity is in herning shipping option, i.e. the Master onboard our vessel is entitle to ask for the minimum quantity, respectively the maximum quantity is so needed. On request herning shipping will be able to confirm final quantity eg. in order to load the bunker barge accordingly.

On barge deliveries, seller is obligated to invite the receiving vessel on board the bunkerbarge to participate the soundings of the barge's tanks prior to and after bunkering takes place (on request of receiving vessel all the barge's tanks can be sounded). The flowmeter on the seller's barge/pipe/truck must be placed and located direct and as close as possible to the flexible hose connected to the receiving vessel.

Sampling
The physical supplier is to participate and withness a joint sampling of board our vessel. Dripsamples is to be taken from the dedicated sample tap, and three (3) identical representative samples of each grade of Bunkers to be drawn throughout the entire bunkering operation.

All the samples shall be securely sealed and provided with labels showing the Vessel's name, product name, delivery date and place as well as seal number. The labels are to be signed by both parties, i.e. the seller and the buyer. Two samples to be retained onboard the herning shipping vessel, and the remaining samples to be handed over to the suppliers. The samples are to be retained by the sellers for at least 90 days - however, herning shipping reserves the right to object in writing to the quality or specification of the delivered oil within 14 days after delivery.

In the event of a dispute in regard to the quality of the Bunkers delivered, the samples drawn shall be deemed to be conclusive and final evidence for the quality of the product delivered. In case of disputes one of the samples retained by herning shipping shall be forwarded to a by both Sellers and Buyers agreed independent laboratory for final and binding analyses. 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 appoint independent person(s) or institute(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. Sampling must in all cases follow IMO Resolution MEPC.96(47).

Material Safety Data Sheet (MSDS)
Prior to commencement of the bunkering operation the Seller and/or the physical Suppliers will deliver and hand over a Material Safety Data Sheet (MSDS) to the receiving vessel's Chief Engineer. The MSDS is to provide specified details of the safety aspects relating to the oil fuel together with handling and environmental information.

In case that the suppliers fail to supply and hand over the MSDS prior to commencement of the bunkering, herning shipping a.s. may chose to cancel the order and deverly withtout any penalty.

Delivery note
The seal numbers shall be noted on the Bunker Delivery Note. The Bunker Delivery Note must contain at least, but not limited to, the following information’s:

  • Port and date of delivery
  • Name of the suppliers and “barge”
  • Specific Gravity at 15 degrees Celsius
  • Viscosity
  • Flash Point
  • Sulphur
  • Pourpoint
  • Type of bunkers
  • Water content
  • Sample numbers
  • Quantity in tons and litres at 15 degrees Celsius
  • Time for commencement and completion of bunkering including “hose connected and hose disconnected”

Cancellation
herning shipping have the option to cancel the delivery without any penalty, if the intended voyage has been cancelled or that the voyage will be performed by another vessel; giving minimum 48 hours notice. If the order is cancelled less than 48 hours prior to delivery and if seller can provide proper documentation for cancellation costs, herning shipping will cover these costs to seller.

ISPS
If the delivery is performed by barge, the barge must be ISPS approved. 

Applicable law and competent jurisdiction
Terms shall be governed and construed in accordance with Danish law, and any disputes between the parties shall be settled by the courts of the buyer’s jurisdiction in Denmark. Therefore all disputes between the parties shall be finally settled by arbitration in Herning and/or Copenhagen. The language to be used in case of litigation shall be Danish.

Payment
Payment shall be made to the seller 30 days from the date of delivery.

Overtime and other charges must be included in the price quotation and per metric tons delivered.

Only electronic invoices are accepted in accordance with our standard instructions. It is of the utmost importance that the final invoice is only send via e-mail: invoice@herning-shipping.com - or fax no: +45 96264681.

Other
Terms and conditions are available on this website and herning shipping a.s. may amend these terms without any notification to the seller. Verification is deemed to be valid and a part of the entire terms and condition for the purchase once same have been advised on this website. Herning shipping a.s. will however seek to that reference is made to these terms when quotation is passed on.

All quoted prices must be delivered FOB the herning shipping vessel. No other terms to apply. Further all suppliers in general must be aware, that herning shipping a.s. strives to meet environmental friendly operation. Please refer to herning shipping a.s.'s policies on this web page.

Herning, 01.12-2010 – Edition no.: 9

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herning shipping a.s., Phone: +45 96266666, Fax: +45 96266699, E-mail: chartering@herning-shipping.com
herning shipping france s.a.r.l., Phone: +33 497218520, Fax: +33 497218525, E-mail: chartering@herning-shipping.com
herning shipping asia pte. ltd., Phone: +65 68873707, Fax: +65 68870566 , E-mail: sin@herning-shipping.com