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25.1.13 “CPT”, “CIP”, “DAF”, “DDP”, “DDU” and “FCA” shall each have the meaning<br />

ascribed thereto in Incoterms 2000 (as amended from time to time), except as<br />

modified by the Agreement; further, if there is any inconsistency or conflict<br />

between Incoterms and the Agreement, the Agreement shall prevail;<br />

25.1.14 “... days' notice” shall be construed according to the convention that 5 days'<br />

notice means that a notice given on the 1st day of the month shall be effective<br />

on the 6th day of the month. For the avoidance of doubt, where the last day for<br />

any notice to be given under the Agreement falls on a day which is not a banking<br />

day in London, such notice shall be given (by not later than the specified time,<br />

where applicable) on the last preceding banking day in London;<br />

25.1.15 “delivery” means placing or procuring to place the Product at the disposal of the<br />

Buyer at the time and place agreed upon. “deliver” includes “procure to be<br />

delivered” and the term “delivery” shall be construed Accordingly, and<br />

“deliverable” and “delivered” shall be similarly construed;<br />

25.1.16 “Discharge Port” means the Berth at which the Product to be delivered<br />

hereunder is to be discharged;<br />

25.1.17 “ETA”, in the case of FOB deliveries, means the estimated time and/or date or<br />

range of days of arrival of the Vessel at the Loading Terminal and, in the case of<br />

CFR, CIF and Ex Ship deliveries means the estimated time and/or date or range<br />

of days of arrival of the Vessel at the Discharge Port. Any ETA at the Discharge<br />

Port given hereunder shall not place the Seller under any obligation to meet such<br />

date (other than to use its reasonable endeavours to ensure that the contract of<br />

carriage can facilitate the meeting of such date) and, for the avoidance of doubt,<br />

in the case of a CFR or CIF Agreement, shall not be construed as changing the<br />

nature of the Agreement;<br />

25.1.18 “EU qualified” means that the Product is or will be in free circulation within the<br />

EU and not subject to any import duties; “non-EU qualified” means Product that<br />

does not fall within the meaning of EU qualified;<br />

25.1.19 “Ex Ship” shall have the meaning ascribed to the term DES in Incoterms 2000<br />

(as amended from time to time), except as modified by the Agreement; further,<br />

if there is any inconsistency or conflict between Incoterms and the Agreement,<br />

the Agreement shall prevail;<br />

25.1.20 “Ex Tank”, “FIP”, “In Situ” and “Into Tank” shall each have the meaning<br />

ascribed thereto in Part Four;<br />

25.1.21 “FOB” shall have the meaning ascribed thereto in Incoterms 2000 (as amended<br />

from time to time), except as modified by the Agreement; further, if there is any<br />

inconsistency or conflict between Incoterms and the Agreement, the Agreement<br />

shall prevail;<br />

25.1.22 “Laydays” in the case of FOB deliveries shall have the meaning ascribed to it in<br />

Section 3, and in the case of CFR, CIF or Ex Ship deliveries shall mean the date<br />

range accepted by the Loading Terminal operator for the presentation of the<br />

Vessel for loading at such Loading Terminal;<br />

25.1.23 “Laytime” means the time allowed to the Seller for loading (determined pursuant<br />

to Section 6) or the time allowed to the Buyer for discharge (determined pursuant<br />

to Section 13), as the case may be;<br />

25.1.24“Loading Terminal” means the Berth at which the Product to be delivered<br />

hereunder is or will be loaded;<br />

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