BP 2007 Products

6.1.5 If the Seller is, due to an impediment reasonably beyond its control, prevented,
delayed or hindered from or in obtaining or bringing to the Loading Terminal the
Product required for the shipment hereunder or any part thereof, or from or in
loading the same, then notwithstanding any terms that might otherwise be
applicable to the supply of the Product by such Loading Terminal any time lost,
whether in the commencement, carrying out or completion of the loading, shall
not be counted or included in calculating the time taken by the Seller to load such
shipment; and any time so lost after the time allowed for loading as hereinbefore
provided shall have expired shall not be counted or included in calculating the
time in respect of which the Seller is liable for demurrage. Any such impediment
shall be an impediment for the purposes of Section 32 (force majeure).
6.2 Demurrage terms
Save when the Loading Terminal has no laytime and demurrage terms applicable to the
supply of the Product when Sections 6.3, 6.4 and 6.5 shall apply, any demurrage shall be
recoverable only in accordance with the usual terms applicable to the supply of the
Product from such Loading Terminal, whether the Seller is the Operator of the Loading
Terminal or otherwise.
6.3 Time allowed
In those cases where the Loading Terminal has no laytime and demurrage terms
applicable to the supply of the Product the time allowed to the Seller for the loading of
the quantity of the Product deliverable hereunder to each Vessel shall be:
(a) in the case of Vessels of 15,000 tons summer deadweight or less, 24 running hours;
or
(b) in all other cases, 36 running hours;
all days and holidays included unless loading on the day or holiday in question is
prohibited by law or regulation at the Loading Terminal.
6.4 Running hours
In those cases where the Loading Terminal has no laytime and demurrage terms
applicable to the supply of the Product, then
6.4.1 Subject as otherwise provided in this Section 6.4 or elsewhere in the Special
Provisions of the Agreement, running hours shall commence Berth or no Berth
6 hours after NOR is given to the Seller or its representative by the master of the
Vessel (or his/her representative) after its arrival at the Loading Terminal, or on
commencement of loading, whichever is the earlier, provided always that (a) the
Buyer has complied with Section 5.1.1, and (b) such NOR is given in accordance
with the provisions of Section 5.1.2.
6.4.2 If NOR is given for the Vessel before the first day of the Laydays, running hours
shall commence at 0600 hours on the first day of the Laydays or on
commencement of loading, whichever is the earlier. If NOR is given for the
Vessel after the last day of the Laydays and is accepted for loading by the Seller
in its sole and absolute discretion, then, without prejudice to any of the Seller’s
other rights, running hours shall commence only on commencement of loading.
6.4.3 For the purposes of calculating running hours, loading shall be deemed to be
completed upon disconnection of loading hoses.
6.4.4 Any delay arising out of or in connection with any of the following situations shall
not be counted or included in calculating the time taken by the Seller to load the
shipment or the time in respect of which the Seller is liable for demurrage
(whether or not the Vessel is already on demurrage):
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