BP 2007 Products

or warranty that such typical quality or attribute will be present in the Product
supplied;
25.1.38 “Vessel” means a tankship or other vessel which is wholly or mainly constructed
or is adapted for the carriage of Product and shall, except where otherwise
provided, be deemed to include Barges;
25.1.39 “Worldscale” means the New Worldwide Tanker Nominal Freight Scale as
current on the day of commencement of loading of the Vessel in question.
25.2 Time of the essence
Time is of the essence for the Agreement and every provision hereof in which time of
performance is expressed to be a factor.
25.3 Interpretation
Clause, Section and sub-section headings contained in the Agreement are for
convenience of reference only and shall not affect the interpretation thereof. Any
reference to any Act of Parliament or to legislation of any sovereign state shall be deemed
to include any amendment, replacement or re-enactment thereof for the time being in
force and to include any bylaws, licences, statutory instruments, rules, regulations,
orders, notices, directions, consents or permissions made thereunder and any condition
attaching thereto. Except where the context otherwise requires, words denoting the
singular include the plural and vice versa; words denoting any gender include all genders;
and words denoting persons include firms and corporations and vice versa.
Section 26 – Quality and claims in respect of quality/quantity
26.1 Quality
26.1.1 Unless otherwise stated in the Special Provisions, the quality of the Product
delivered hereunder shall be not inferior to the specification set out in the Special
Provisions. Whether set out in these General Terms and Conditions or in the
Special Provisions neither typicals nor any stipulation as to time of delivery shall
form part of the Product’s description, quality or fitness. THIS SUB-SECTION
CONSTITUTES THE WHOLE OF THE SELLER'S OBLIGATIONS WITH RESPECT
TO THE DESCRIPTION, QUALITY AND FITNESS FOR PURPOSE OF THE
PRODUCT TO BE DELIVERED AND (SAVE TO THE EXTENT THAT EXCLUSION
THEREOF IS NOT PERMITTED OR IS INEFFECTIVE BY OPERATION OF LAW)
ALL STATUTORY OR OTHER CONDITIONS OR WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE DESCRIPTION OR SATISFACTORY QUALITY
OF THE PRODUCT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE OR
OTHERWISE ARE HEREBY EXCLUDED.
26.1.2 Any individual listed quality or characteristic of the Product delivered expressed
numerically must (save if the Special Provisions provide otherwise) be correct to
two significant figures.
26.2 On board blending, dyeing and addition of additives
Unless expressly stated to the contrary in the Special Provisions, the Seller may:
(a) blend Product, and/or (b) add or inject dye, and/or (c) add additives to the Product on
board the Vessel during and/or after loading but always prior to sailing, provided
always that:
(i) any delay arising out of or connection with such activity shall be for the
Seller’s account;
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