BP 2007 Products

(ii) risk and property in such Product shall remain with the Seller until on
completion of any relevant quality tests required to ensure that the Product
meets the specification set out in the Special Provisions and shall pass to
the Buyer either:
(a) when the Product is certified by the independent inspectors as
meeting the specification set out in the Special Provisions, or
(b) if no such independent inspectors have been appointed, when
the Product is certified by the Loading Terminal operator as
meeting the specification set out in the Special Provisions, as the
case may be; and
(iii) for the avoidance of doubt, such on board blending, dyeing or addition or
injection of additives shall not constitute a breach of the Agreement by the
Seller in any respect whatsoever.
26.3 Claims in respect of quality and/or quantity
26.3.1 Any complaint of deficiency of quantity or of variation of quality shall be
admissible only if notified in writing to the Seller within 45 days of the completion
of discharge date and accompanied by evidence fully supporting the complaint.
Any term as to quantity in an Agreement, including in the Special Provisions, shall
be an innominate term. Notwithstanding the foregoing, no claim shall be
admitted in respect of any deficiency of quantity where the difference between
the loaded and discharged quantity is 0.5% of the loaded quantity or less.
26.3.2 In the case of delivery Ex Ship, notwithstanding the provisions of Section 7, the
Seller shall have the right to submit a claim to the Buyer where there is a
difference between the quantity loaded and discharged by the Seller's Vessel and
where, in the Seller's reasonable opinion, the most likely cause of such
difference is due to events at, or the nature of, or operations at the Discharge
Port during the discharge of the Product. If the Buyer disagrees with the Sellers
claim and if the claim is not settled within 60 days of the date of the Seller's
claim, then the claim shall be referred to a referee in accordance with the
provisions of Section 39.1.
Section 27 – Health, safety and environment
27.1 The Buyer shall provide its employees, agents, contractors, customers and other persons
to whom it supplies the Product delivered hereunder with either:
a) a copy of a current Material Safety Data Sheet (“MSDS”) and any other information
relating to health, safety and environmental data in connection with the Product
delivered hereunder; or
b) comparable other information relating to health, safety and environmental data in
connection with the Product delivered hereunder where performance of the
obligations under the Special Provisions is outside the European Union (“Other
Information”).
The Buyer shall be responsible for any consequences that result from the use of a MSDS
or Other Information. For the purposes of this Section 27.1, “supplies” shall have the
same meaning as “supply” set out in Section 46 of the Consumer Protection Act, 1987.
27.2 The Buyer shall provide persons responsible for the management of health, safety and
environment matters within its own organisation with a copy of the MSDS or Other
Information .
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