BP 2007 Products

(d) Product and approximate/actual quality(ies);
(e) Barge chartering company's name and address;
16.2 The Buyer’s nomination
The Buyer shall, within one banking day in London after receipt of the Seller's nomination
made pursuant to 16.1 above, notify the Seller of:
16.2.1
(a) the Buyer's VAT number and country of such VAT registration;
(b) consignee's name, address, valid EU VAT and MOT number and fiscal agent
(if applicable); and
(c) fiscal and end destination (if it differs from the consignee); and
16.2.2 the Discharge Port, if not already specified in the Special Provisions. No change
to the Discharge Port so nominated or specified shall be made without the
Seller's prior written acceptance which shall not be unreasonably withheld and
provided always that:
(a) such alternative discharge port is allowable pursuant to the charterparty; and
(b) the provisions of Section 11.8 shall apply; and
16.2.3 full written instructions regarding the particulars and destination of any bills of
lading and/or such other customary loading terminal documentation which may
be required (and, for the avoidance of doubt, the Buyer shall be liable for all costs
resulting from any delays in loading 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.
16.2.4 In addition, if the Loading Terminal is located in The Netherlands and the
destination is Germany/Rhine, the Buyer shall provide the Seller with the
following:
(a) confirmation or otherwise that the export will be via Emmerich;
(b) if via Emmerich, confirmation or otherwise that Geschwister Stevens
GmbH, or similar organisation, will be appointed for document clearance
(the “clearing agent”);
(c) if appointed, ensure the Seller receives confirmation from the clearing
agent by telex or fax of its appointment and receipt of both:
(A) the order from an authorised German Licence Holder to clear the
documents for the Product on the nominated Barge, and
(B) the Erlaubnisschein/Steuerlagergenehmigung of the German
Licence Holder.
16.3 Indemnity
Notwithstanding and without prejudice to the foregoing provisions of this Section 16, in
consideration of the Seller agreeing at the Buyer’s specific request to issue, or to procure
the issue by the consignor of, an AAD specifying Geschwister Stevens GmbH, or similar
organisation, as consignee, the Buyer shall indemnify and hold harmless the Seller and
shall keep the Seller indemnified and held harmless from and against all liability for excise
duty and mineral oil tax incurred by the Seller and/or reimbursement of amounts
equivalent to such duty or tax incurred by the Seller, including but not limited to interest,
penalties and costs in respect thereof.
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