BP 2007 Products

5.3 Berth
5.3.1 Subject to compliance by the Buyer and its nominated Vessel with all other
requirements of the Loading Terminal at the time in question, the Seller shall
provide or cause to be provided free of charge to the Buyer (subject to the
provisions of Section 29.5) a Berth to be indicated by the Seller or its
representative at which a Vessel having the characteristics of length overall,
draught and any other dimensions not exceeding the length, draught and any
other dimensional restrictions then in force at the Loading Terminal at the time
in question, can safely reach and leave and where it can always lie Safely Afloat.
Notwithstanding the foregoing, if the Berth in question requires the Buyer’s
Vessel to be loaded from a floating storage facility, lighter or other Vessel by
means of ship-to-ship transfer, such Berth shall be subject to the Buyer’s ship
or Loading Terminal vetting procedures and the Buyer may, on any reasonable
ground and without liability, refuse the use of such facility for the purpose of
loading its nominated Vessel.
5.3.2 If, while the Vessel nominated by the Buyer is approaching, entering or departing
from the Loading Terminal, or is present in the Loading Terminal, the length,
draught or other dimensions of such Vessel shall exceed the length, draught or
other dimensions so ascertained for the Loading Terminal in question for
whatever reason, the Seller shall not be liable for any loss or damage caused as
a result thereof and the Seller shall not be obliged to commence or continue
loading.
5.4 Vacation of Berth
The Buyer's Vessel shall vacate the Berth as soon as loading hoses have been
disconnected, provided that such Vessel’s departure is not delayed awaiting production
of Loading Terminal documents unless such documents can be delivered to the Vessel at
a suitable anchorage or where early departure procedure (“EDP”) is applied. If the Vessel
fails to vacate the Berth, unless for reasons attributable to the Seller, its supplier or the
Loading Terminal operator, any loss or damage suffered by the Seller or its supplier
resulting from such failure shall be paid by the Buyer to the Seller.
5.5 Berth utilisation
Notwithstanding the provisions of Section 6, if at the Loading Terminal the Seller's
supplier or any other agency (whether or not an Associated Company of the Seller)
imposes on the Seller, in respect of the Buyer's Vessel, an excess Berth utilisation charge
in accordance with the Loading Terminal regulations or a contractually agreed or
otherwise established scale for any hours of Berth utilisation in excess of a specified
period of hours (as such scale may be advised by the Seller to the Buyer from time to
time), but does not impose such charge directly on the Buyer's Vessel itself, such charge
shall be for the Buyer's account. For the avoidance of doubt, it is agreed that for the
purposes of this Section any technical failure or breakdown on the part of the Vessel shall
be a cause within the control of the Vessel and the Buyer.
5.6 Shifting and Lightering
5.6.1 The Seller shall have the right to shift the Vessel from one Berth to another. All
costs, including but not limited to damages for delay, shall be for the Seller's
account if such shifting is for the Seller's purposes and otherwise shall be for the
Buyer's account.
5.6.2 The Seller shall have the option to load the Vessel from lighters subject always
to the Buyer’s rights under Section 5.3.1, when the cost of such lighterage
(together with any additional expense reasonably incurred by the Vessel in
respect thereof) shall be for the Seller’s account. Any lightering operations shall
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