BP 2007 Products

of doubt, the Buyer shall be liable for all costs resulting from any delays in loading
the Product hereunder due to failure by the Buyer to supply such information in
a timely manner). The Seller shall have the right to issue its own instructions if
such instructions are not so provided by the Buyer.
All costs (including but not limited to demurrage) arising out of any failure by the Buyer to
comply with the foregoing shall be for the Buyer’s account.
11.4 Substitution of Vessels
In respect of any Vessel named in the nomination, the Seller shall be entitled to substitute
therefore another Vessel provided always that:
11.4.1 the size of the substitute Vessel and the quantity to be loaded shall not, without
the prior written consent of the Buyer, differ materially from the size of the Vessel
previously named and the quantity specified in the nomination; and
11.4.2 the Seller shall give to the Buyer notice in writing of the name of the substitute
Vessel not less than 3 clear days before:
11.4.2.1 in the case of delivery CFR or CIF, the last day of the Loading Terminal
Laydays of the substitute Vessel or the last day of the Loading Terminal
Laydays of the Vessel originally nominated, whichever is the earlier,
provided always that such substitution shall not be allowed after
commencement of loading of the Vessel originally nominated unless
otherwise specifically agreed between the parties; or
11.4.2.2 in the case of delivery Ex Ship, the ETA of the substitute Vessel or the
ETA of the Vessel originally nominated, whichever is the earlier.
11.5 Acceptance of Vessels
11.5.1 Notwithstanding anything to the contrary express or implied elsewhere, the
Buyer shall have the right (which right may only be exercised prior to the passing
of risk and property hereunder) to refuse, on any reasonable ground, to accept
any Vessel named pursuant to Sections 11.2 including any Vessel referred to in
Section 11.2.(g) even though such Vessel is not the performing Vessel under the
Agreement, or 11.4. The Buyer shall not be liable for any loss or damage, direct
or indirect, which the Seller may suffer as a result of the Buyer exercising such
right.
11.5.2 Notwithstanding any prior acceptance of a Vessel (whether named in the Special
Provisions or nominated or substituted pursuant to Sections 11.2 or 11.4), the
Buyer shall have the right (which right may only be exercised prior to the passing
of risk and property hereunder) to reject the Vessel in question on any reasonable
ground if such Vessel is involved in any incident or more recent information
regarding such Vessel becomes available to the Buyer at any time after such prior
acceptance.
11.5.3 If the facilities at the Loading Terminal in question require the Seller’s Vessel to
be loaded from a floating storage facility, lighter or other Vessel by means of shipto-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 the
nominated Vessel.
11.5.4 Without derogating from any other reasonable grounds that may be available to
the Buyer, in those cases where BP is the Buyer it shall be a reasonable ground
for BP to reject or refuse a Vessel pursuant to this Section if the Vessel either at
the time of nomination or subsequently at any time up to the time of loading is
not approved by BP Ship Vetting or alternatively is determined by BP Ship Vetting
page 22