BP 2007 Products

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(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 . page 38
27,3 The Buyer shall provide its employees with appropriate information and training to enable them to handle and use the Product delivered hereunder in a manner which does not endanger their health or safety. 27.4 To the extent permissible by law, the Seller shall not be responsible in any respect whatsoever for any loss, damage or injury resulting from any hazards inherent in the nature of the Product delivered hereunder. Section 28 – Destination 28.1 It is a condition of the Agreement, that the Product delivered under the Agreement shall not be imported (by the Buyer or others), directly or indirectly and irrespective of means, to any destination which is at the time of such import either prohibited under the laws of the country in which such Product was produced or contrary to any regulation, rule, directive or guideline applied by the government of that country or any relevant agency thereof. The Buyer shall keep itself informed as to such laws, regulations, rules, directives or guidelines and shall ensure that they are complied with. Without diminution of such obligation on the Buyer, the Seller undertakes to inform the Buyer as soon as practicable of any changes in such laws, regulations, rules, directives or guidelines which become known to the Seller. The Buyer acknowledges that at the date hereof it is informed of all such laws, regulations, rules, directives and guidelines relevant to its undertakings under this Section. 28.2 The Buyer undertakes that the Product deliverable hereunder shall not: 28.2.1 be exported to any Restricted Jurisdiction; or 28.2.2 be sold or supplied to any natural or legal person in any Restricted Jurisdiction; or 28.2.3 be sold or supplied to any natural or legal person for the purposes of any commercial activity carried out in or from any such Restricted Jurisdiction. For the purposes of this sub-section, “Restricted Jurisdiction” shall mean any country, state, territory or region against which there are sanctions imposed by the United Nations or any other sanctions specified in the Special Provisions which prohibit the shipment thereto of crude oil and/or petroleum products. 28.3 The Buyer shall, if the Seller so requires, provide the Seller with appropriate documentation for the purposes of verifying the final destination of any delivery hereunder. Such documentation shall be so provided within 30 days of the date of discharge of the shipment or within such lesser period as will enable the Seller or its supplier to comply with any requirement or request of the government or authority in question and shall include the name of the port(s) of discharge, the date(s) of discharge and the grade and quantity discharged. The obligations of the Buyer to comply with such requirement shall not be affected by any sale or disposal of the Product in question by the Buyer. 28.4 Without prejudice to the foregoing provisions of this Section 28, in the event of any failure to comply with such undertakings or if the Seller has reasonable grounds for believing that such undertakings will not be complied with the Seller may (without prejudice to its other rights) at its sole discretion terminate the Agreement forthwith or forthwith suspend delivery under the Agreement until further notice or decline to commence or complete loading hereunder on notifying the Buyer either in writing or orally (with written confirmation to follow). page 39
Page 1: BP Oil International Limited Genera
Page 4 and 5: CONTENTS PART ONE In respect of FOB
Page 6 and 7: page 4
Page 8 and 9: Section 1.1.2(ii) shall always be i
Page 10 and 11: 4.3 Substitution of Vessels In resp
Page 12 and 13: 5.3 Berth 5.3.1 Subject to complian
Page 14 and 15: 6.1.5 If the Seller is, due to an i
Page 16 and 17: 6.6.2 If the delivery hereunder is
Page 18 and 19: of quantity and quality (or such ot
Page 20 and 21: of the Product at the Vessel’s pe
Page 22 and 23: waters which, in the Seller's reaso
Page 24 and 25: of doubt, the Buyer shall be liable
Page 26 and 27: Section 12 - Arrival of Vessel, Ber
Page 28 and 29: (c) preparing for and handling or s
Page 30 and 31: PART THREE In respect of deliveries
Page 32 and 33: Section 17 - Laytime According to T
Page 34 and 35: PART FIVE In respect of deliveries
Page 36 and 37: PART SIX Applicable to each of Part
Page 38 and 39: 25.1.25 “LPG” means “Butane
Page 42 and 43: Section 29 - VAT, MOT and other tax
Page 44 and 45: 29.4 For the purposes this Section:
Page 46 and 47: (a) the Seller's telex or fax comme
Page 48 and 49: 30.10.2 The provisions hereof for s
Page 50 and 51: 32.3 The party seeking relief (“t
Page 52 and 53: address of the other party specifie
Page 54 and 55: In the event the Buyer is the claim
Page 56 and 57: 40.12 Trade marks Nothing in the Ag
Page 58 and 59: Signed by: ..................... Ti
Page 60 and 61: 3.5 the illegality, invalidity or u
Page 62 and 63: SCHEDULE C Letter of Credit format
Page 64 and 65: SCHEDULE D Standby Letter of Credit
Page 66 and 67: equirements in the Agreement, requi
Page 68 and 69: SCHEDULE F Requirements in respect
Page 70 and 71: ut not limited to the time required
Page 72 and 73: SCHEDULE G BP Casualty Procedure In
Page 74: SCHEDULE H Supplement in respect of

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