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BP 2007 Products

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In the case of Ex Ship sales, all taxes, duties, imposts, fees, charges (including,<br />

without limitation, pilotage, mooring and towage expenses) and dues (including,<br />

without limitation, quay dues) in respect of the Vessel incurred at the Discharge<br />

Port shall be for the Seller’s account.<br />

Section 30 – Payment<br />

30.1 Payment documents<br />

Except as expressly provided elsewhere in the Agreement, payment shall be made by the<br />

Buyer to the Seller against presentation to the Buyer of:<br />

30.1.1 in the case of delivery FOB or CFR:<br />

(a) the Seller's telex or fax commercial invoice (provisional invoice acceptable<br />

where the provisions of Section 30.3.2 apply); and<br />

(b) 3/3 original bills of lading issued or endorsed to the order of the Buyer; and<br />

(c) original certificate(s) of quantity, quality and origin (or equivalent documents<br />

issued at the Loading Terminal).<br />

30.1.2 in the case of delivery CIF:<br />

(a) the Seller's telex or fax commercial invoice (provisional invoice acceptable<br />

where the provisions of Section 30.3.2 apply); and<br />

(b) 3/3 original bills of lading issued or endorsed to the order of the Buyer; and<br />

(c) original certificate(s) of quantity, quality and origin (or equivalent documents<br />

issued at the Loading Terminal); and<br />

(d) original certificate of insurance or insurance company's cover note.<br />

30.1.3 in the case of delivery Ex Ship:<br />

(a) the Seller's telex or fax commercial invoice (provisional invoice acceptable<br />

where the provisions of Section 30.3.2 apply); and<br />

(b) a copy of the certificates of the independent inspector appointed pursuant<br />

to Section 7.2.1.<br />

30.1.4 in the case of delivery by Barge, or delivery Ex Tank, Into Tank, In Situ, FIP, FCA,<br />

CPT, CIP, DDU, DDP: against presentation to the Buyer of the Seller's telex or fax<br />

commercial invoice (provisional invoice acceptable where the provisions of<br />

Section 30.3.2 apply).<br />

30.1.5 in the case of delivery DAF:<br />

(a) The Seller’s telex or fax commercial invoice (provisional invoice acceptable<br />

where the provisions of Section 30.3.2 apply); and<br />

(b) For delivery by rail tank car: a copy of the relevant Railway Bill(s) date<br />

stamped at the border crossing railway station being the place of delivery<br />

provided in the Special Provisions and certified as a true copy by the Seller;<br />

(c) For delivery by road: a copy of the relevant CMR note(s) or other contract<br />

evidencing the carriage of the Product, date stamped at the border crossing<br />

being the place of delivery provided in the Special Provisions and certified<br />

as a true copy by the Seller.<br />

30.2 Seller’s indemnity in lieu of shipping documents<br />

If the documents referred to in Section 30.1 are not available for presentation to the Buyer<br />

on or before the payment due date, the Buyer agrees to pay the Seller upon presentation<br />

to the Buyer of:<br />

page 43

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