Common use of LOADING CONDITIONS Clause in Contracts

LOADING CONDITIONS. F.1 Buyers shall give Sellers as far in advance as Sellers require full instructions consistent with the loading port regulations regarding the loading of each vessel and the making up and destination of documentation covering the cargo(s). Sellers shall use reasonable endeavours to arrange for such instructions to be carried out but they shall not be obliged to arrange for an instruction to be carried out which is inconsistent with any provision, express or implied, in the agreement. F.2 Buyers shall arrange for each vessel nominated by Buyers to cable or telex to the agent of Sellers and to the agent of the ship owner at the port of loading the vessel's expected time of arrival at the port of loading at least 96 hours prior to that time specifying deadweight, flag, and draught of the tanker, volume of clean and dirty ballast on board. Buyers shall instruct the vessel shall also give to Sellers notice of its estimated time of arrival at the port of loading 48, 24 and 12 hours prior to arrival. F.3 Sellers shall provide or shall cause to be provided, free of charge, a berth or berths which the vessel can safely reach and leave and at which she can lie and load always safely afloat. All port costs, including the expense, if any, of shifting berth at the loading port (unless such shift is for Sellers' purposes), shall be for Buyers' account. F.4 Sellers shall at all material times and at no expense to Buyers provide and maintain or cause to be provided and maintained in good working order all necessary flexible hoses, connections, pipelines, tankage facilities and other accommodation for such loading of the vessel. F.5 The time allowed for loading each cargo under the agreement shall be thirty six (36) running hours (weather permitting and Sundays and holidays included) and shall begin to run at each loading port either:- i. at the expiry of six (6) hours after notice of readiness to load has been received by Sellers, or by any other party nominated by Sellers, from the Master or his representative (which notice of readiness may be tendered only after the vessel has arrived within the customary anchorage or waiting place of the port or, if the vessel moves directly to the berth, when the vessel is securely moored to the loading berth); or ii. if the vessel moves directly to the berth, when the vessel is securely moored at the loading berth, whichever occurs first, except that:- (a) if the vessel arrives before the first day of the agreed loading date range nominated and accepted in accordance with the provisions of Article 7 of Part 1, laytime shall not commence until 06.00 hours on the first day of the agreed loading date range or the time loading commences whichever is the earlier; or (b) if the vessel arrives after the last day of the agreed loading date range nominated and accepted in accordance with the provisions of Article 7 of Part 1, laytime shall commence at the time loading commences. F.6 Laytime shall cease on disconnection of cargo hoses on completion of loading. F.7 Time shall not count against laytime, or, if the vessel is on demurrage, for demurrage when spent or lost:- i. on an inward passage moving from her waiting place to the loading place nominated by Sellers; or ii. whilst the vessel is handling or preparing to handle ballast or bunkers, unless this is carried out concurrent with loading or other normal cargo operations such that no loss of time is involved, or is carried out to comply with shore restrictions; or iii. by any delay due to fault, failure or inefficiency of the vessel; or iv. awaiting tide, tug boats, pilot, daylight, immigration/customs or pratique, unless any or all of these delays are occasioned by shifting berth for Sellers' account as defined in Article F.3 of this Part 2; or v. as a result of strike, lockout, stoppage or restraint of labour. F.8 If the laytime allowance as provided under Article F.5 of this Part 2 is exceeded Sellers shall, except as hereinafter provided in this Clause, pay to Buyers demurrage for all such excess time at the full rate specified in Article F.9 of this Part 2. If however all or part of such demurrage is incurred due to fire or explosion or by breakdown of machinery or equipment at the port of loading in or about the loading terminal or berth (not being first caused by the negligence or the wilful act or omission of Sellers or the terminal operator, their servants or agents), or arises or results from act of God, act of war, riot, civil commotion, or arrest or restraint of princes, rulers or peoples, the rate of demurrage shall be reduced to one half for the period of such demurrage or part thereof. F.9 If in respect of any Nomination, the laytime allowance at the port of loading is exceeded and demurrage incurred, Sellers shall pay demurrage to Buyers at the demurrage rate established by reference to the LTBP award for the particular voyage in question. F.10 If the nominated vessel is loaded by Sellers and other suppliers at the same port, demurrage will be divided in proportion to quantity of goods covered by the bill of lading of each su▇▇▇▇er provided that if any demurrage is caused by only one of the suppliers demurrage will be totally for that party's account. F.11 Any claim for demurrage must be sent by Buyers to Sellers with full supporting documentation within 60 days after the date of the bill of lading (or if al▇ ▇▇cuments are not available to Buyers, Buyers may submit the claim with an estimate of amount), otherwise claims will be deemed to have been waived. F.12 Buyers may deduct and set-off the amount of any demurrage agreed with Sellers or other agreed costs and expenses due to Buyers from any amount due to Sellers from Buyers provided that if no such deduction and set-off is made, such demurrage shall be immediately due and payable and shall be paid forthwith by Sellers to Buyers in Dollars free of charges and without asserting at the time for payment any set-off, counterclaim or right to withhold whatsoever in New York to Buyers' account number 9492604708 with Chase Manhattan Bank, New York . For Further Credit to STASCO USD Receipt Account. SWIFT address CHASUS33 or CHIPS Participan▇ ▇▇▇▇▇r 0002 or Fed Wire Routing Number 021000021 (or to such other ▇▇▇▇ ▇▇▇ount as may be advised by Buyers to Sellers from time to time ) quoting Buyer's invoice number and Sellers' name. F.13 Sellers agree to reimburse Buyers for the cost of any time lost and for any bunkers used on behalf of Buyers to raise the temperature above or reduce the temperature below the temperature at which cargo was loaded in order to meet the temperature range agreed separately between Sellers and Buyers provided that: i. the vessel loading such cargo arrives at the loading port ready to load during the agreed loading date range and failure to meet requirements of the temperature range is not due to fault or failure of the vessel or to suspension of loading for vessel's purposes; or In respect of each claim, Buyers shall furnish Sellers with reasonable evidence of the costs which have been incurred.

LOADING CONDITIONS. F.1 Buyers DEMURRAGE ----------------------------- 22.1 Berthing of Tankers; Commencement of Laytime. -------------------------------------------- 22.1.1 Subject to the provisions of Articles 22.1.2 and 22.1.3, Seller shall give Sellers as far in advance as Sellers require full instructions consistent with provide a safe loading point at the loading port regulations regarding the loading of each vessel and the making up and destination of documentation covering the cargo(s). Sellers shall use reasonable endeavours to arrange for such instructions to be carried out but they shall not be obliged to arrange for an instruction to be carried out which is inconsistent with any provision, express or implied, in the agreement. F.2 Buyers shall arrange Loading Port for each vessel nominated by Buyers to cable or telex to the agent of Sellers and to the agent of the ship owner at the port of loading the vessel's expected time of arrival at the port of loading at least 96 hours prior to that time specifying deadweight, flag, and draught of the tanker, volume of clean and dirty ballast on board. Buyers shall instruct the vessel shall also give to Sellers notice of its estimated time of arrival at the port of loading 48, 24 and 12 hours prior to arrival. F.3 Sellers shall provide or shall cause to be provided, free of charge, a berth or berths which the vessel can safely reach and leave and at which she can lie and load always safely afloat. All port costs, including the expense, if any, of shifting berth at the loading port (unless such shift is for Sellers' purposes), shall be for Buyers' account. F.4 Sellers shall at all material times and at no expense to Buyers provide and maintain or cause to be provided and maintained in good working order all necessary flexible hoses, connections, pipelines, tankage facilities and other accommodation for such loading of the vessel. F.5 The time allowed for loading each cargo under the agreement shall be thirty six (36) running hours (weather permitting and Sundays and holidays included) and shall begin to run at each loading port either:- i. at the expiry of six (6) hours after notice of readiness to load has been received by Sellers, or by any other party nominated by Sellers, from the Master or his representative (which notice of readiness may be tendered only after the vessel has arrived within the customary anchorage or waiting place of the port or, if the vessel moves directly to the berth, when the vessel is securely moored to the loading berth); or ii. if the vessel moves directly to the berth, when the vessel is securely moored at the loading berth, whichever occurs first, except that:- (a) if the vessel arrives before the first day of the agreed loading date range nominated and accepted tanker designated in accordance with the provisions of Article 7 of Part 121, which loading point may be a berth, dock, anchorage, sea terminal, sea-buoy mooring, submarine loading line or other place, including alongside lighters, any floating storage and offloading system or other vessel. In the event that a tanker arrives within its Agreed Laydays, then laytime shall not commence until 06.00 at the earlier of (i) six hours on after notice of readiness is given or (ii) the first day commencement of loading; provided, however, that in the event notice of readiness is given within the last two hours in which the Loading Port is open or during the time the Loading Port is closed, then only half of the agreed loading date range or time from the giving of notice to the time when the Loading Port next opens shall be counted for purposes of (i) above and for purposes of determining Allowed Laytime. 22.1.2 Seller shall not be obligated to provide a loading commences whichever is the earlier; or (b) if the vessel arrives point for any tanker arriving after the last day Day of the agreed loading date range nominated and accepted in accordance with the provisions of Article 7 of Part 1its Agreed Laydays. If such tanker is permitted to berth, laytime shall commence at the time commencement of loading. Regardless of whether such tanker is permitted to berth, Seller shall in no event be liable for demurrage, deadfreight or other charges in connection with the loading commencesthereof. F.6 Laytime 22.1.3 Seller shall cease not be obligated to provide any tanker arriving prior to its Agreed Laydays with a loading point until the first Day of its Agreed Laydays. Notwithstanding the time at which loading begins, if Seller provides such tanker with a loading point prior to the first Day of its Agreed Laydays, laytime shall commence at the earlier of (i) six hours after the Loading Port opens on disconnection the first Day of cargo hoses on completion the Agreed Laydays for such tanker or (ii) the commencement of loading. F.7 Time shall not count against laytime, or, if the vessel is on demurrage, for demurrage when spent or lost:- i. on an inward passage moving from her waiting place to the loading place nominated by Sellers; or ii. whilst the vessel is handling or preparing to handle ballast or bunkers, unless this is carried out concurrent with loading or other normal cargo operations such that no loss of time is involved, or is carried out to comply with shore restrictions; or iii. by any delay due to fault, failure or inefficiency of the vessel; or iv. awaiting tide, tug boats, pilot, daylight, immigration/customs or pratique, unless any or all of these delays are occasioned by shifting berth for Sellers' account as defined in Article F.3 of this Part 2; or v. as a result of strike, lockout, stoppage or restraint of labour. F.8 If the laytime allowance as provided under Article F.5 of this Part 2 is exceeded Sellers shall, except as hereinafter provided in this Clause, pay to Buyers demurrage for all such excess time at the full rate specified in Article F.9 of this Part 2. If however all or part of such demurrage is incurred due to fire or explosion or by breakdown of machinery or equipment at the port of loading in or about the loading terminal or berth (not being first caused by the negligence or the wilful act or omission of Sellers or the terminal operator, their servants or agents), or arises or results from act of God, act of war, riot, civil commotion, or arrest or restraint of princes, rulers or peoples, the rate of demurrage shall be reduced to one half for the period of such demurrage or part thereof. F.9 If in respect of any Nomination, the laytime allowance at the port of loading is exceeded and demurrage incurred, Sellers shall pay demurrage to Buyers at the demurrage rate established by reference to the LTBP award for the particular voyage in question. F.10 If the nominated vessel is loaded by Sellers and other suppliers at the same port, demurrage will be divided in proportion to quantity of goods covered by the bill of lading of each su▇▇▇▇er provided that if any demurrage is caused by only one of the suppliers demurrage will be totally for that party's account. F.11 Any claim for demurrage must be sent by Buyers to Sellers with full supporting documentation within 60 days after the date of the bill of lading (or if al▇ ▇▇cuments are not available to Buyers, Buyers may submit the claim with an estimate of amount), otherwise claims will be deemed to have been waived. F.12 Buyers may deduct and set-off the amount of any demurrage agreed with Sellers or other agreed costs and expenses due to Buyers from any amount due to Sellers from Buyers provided that if no such deduction and set-off is made, such demurrage shall be immediately due and payable and shall be paid forthwith by Sellers to Buyers in Dollars free of charges and without asserting at the time for payment any set-off, counterclaim or right to withhold whatsoever in New York to Buyers' account number 9492604708 with Chase Manhattan Bank, New York . For Further Credit to STASCO USD Receipt Account. SWIFT address CHASUS33 or CHIPS Participan▇ ▇▇▇▇▇r 0002 or Fed Wire Routing Number 021000021 (or to such other ▇▇▇▇ ▇▇▇ount as may be advised by Buyers to Sellers from time to time ) quoting Buyer's invoice number and Sellers' name. F.13 Sellers agree to reimburse Buyers for the cost of any time lost and for any bunkers used on behalf of Buyers to raise the temperature above or reduce the temperature below the temperature at which cargo was loaded in order to meet the temperature range agreed separately between Sellers and Buyers provided that: i. the vessel loading such cargo arrives at the loading port ready to load during the agreed loading date range and failure to meet requirements of the temperature range is not due to fault or failure of the vessel or to suspension of loading for vessel's purposes; or In respect of each claim, Buyers shall furnish Sellers with reasonable evidence of the costs which have been incurred.