23.03.2019 Views

BP 2007 Products

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

of the Product at the Vessel’s permanent hose connection as set out in the certificates of<br />

quantity and quality so issued.<br />

7.5 Part cargo lots delivered CFR or CIF<br />

Where delivery is made as an unsegregated part cargo lot to the Buyer and a third party,<br />

the quantity determined in accordance with the foregoing shall be adjusted so that,<br />

following completion of discharge of the relevant part cargo lots, the Buyer and such third<br />

party shall each be allocated a percentage of the total loaded quantity equal to that<br />

percentage of the total quantity (determined at each Discharge Port in accordance with<br />

the provisions of Section 7.2.3 above) which was discharged at its Discharge Port. The<br />

costs of such independent inspection shall be shared equally between the parties for their<br />

respective Discharge Ports and the inspector's report shall be made available to all parties.<br />

Section 8 – Risk and property<br />

8.1 CFR and CIF deliveries<br />

8.1.1 Notwithstanding any right of the Seller to retain the documents referred to in<br />

Section 30 until payment, the risk in the Product delivered under the Agreement<br />

shall pass to the Buyer as the Product passes the Vessel's permanent hose<br />

connection at the Loading Terminal and property in the Product shall pass:<br />

8.1.1.1 in the case of delivery as a full cargo lot or, in the case of a part cargo<br />

lot, where the grade and/or quantity is separately ascertainable, as the<br />

Product passes the Vessel's permanent hose connection at the<br />

Loading Terminal; or<br />

8.1.1.2 in the case of delivery as a part cargo lot where the Product<br />

deliverable hereunder is not identifiable and ascertainable on board<br />

the Seller’s Vessel separately from the Product which is destined for<br />

receivers other than the Buyer:<br />

(a) as the Product passes the Vessel's permanent hose connection<br />

at the Discharge Port, if such part cargo is not the last part cargo<br />

to be discharged, or<br />

(b) immediately upon completion of discharge of all other Product at<br />

the previous place(s) of discharge, if such part cargo is the last<br />

cargo to be discharged<br />

as the case may be.<br />

8.1.2 If the Vessel has commenced or completed loading prior to being nominated to<br />

the Buyer pursuant to Section 11, then, subject to the provisions of Section<br />

8.1.1.2, notwithstanding any right of the Seller to retain the documents referred<br />

to in Section 30 until payment, the risk in the Product delivered under the<br />

Agreement shall be deemed to have passed to the Buyer as the Product passed<br />

the Vessel’s permanent hose connection at the Loading Terminal and property in<br />

the Product shall pass immediately upon receipt by the Seller of the Buyer’s<br />

acceptance of such nomination.<br />

8.2 Ex Ship deliveries<br />

The risk and property in the Product delivered under the Agreement shall pass to the<br />

Buyer as the Product passes the Vessel's permanent hose connection at the Discharge<br />

Port.<br />

page 18

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!