BP 2007 Products

33.3 Without derogating from the specific time limits set out in Section 6.1.4 and Section
13.2.4 (submission of demurrage claims) and Section 26.3.1 (complaint of deficiency of
quantity or of variation of quality), and any other provisions requiring compliance within a
given period, all of which shall remain in full force and effect, any claim arising under the
Agreement and any dispute under Section 39 shall be commenced within 2 years of the
date on which the Product was delivered or, in the case of a total loss, the date upon
which the Product should have been delivered. Failing which the claim shall be time
barred and any liability or alleged liability of the other party shall be finally extinguished.
Section 34 – Termination or suspension in the event of liquidation, etc.
34.1 Notwithstanding anything to the contrary express or implied elsewhere herein, either
party (without prejudice to its other rights) may at its sole discretion either terminate the
Agreement forthwith or forthwith suspend delivery under the Agreement until further
notice, on notifying the other party either orally (confirming such notification in writing) or
by notice in writing, if a liquidator (other than for the purpose of amalgamation or
reconstruction), trustee in bankruptcy, receiver or receiver and manager is appointed in
respect of the assets and/or undertaking of the other party, or the other party enters into
an arrangement or composition with its creditors, or any similar appointment,
arrangement or composition is made under any applicable law, or if the party in question
has reason to anticipate any such occurrence, appointment, arrangement or composition.
34.2 In the case of multiple shipments under the Agreement, notwithstanding anything to the
contrary express or implied elsewhere herein:
34.2.1 the Seller (without prejudice to its other rights) may at its sole discretion either
terminate the Agreement forthwith or forthwith suspend delivery under the
Agreement until further notice, on notifying the other party either orally
(confirming such notification in writing) or by notice in writing, if the Buyer:
34.2.1.1 fails to make any payment due to the Seller under the Agreement in
full and punctually by the due date; or
34.2.1.2 fails to take delivery in accordance with the quantity or delivery
provisions of the Agreement; and
34.2.2 the Buyer (without prejudice to its other rights) may at its sole discretion either
terminate the Agreement forthwith or forthwith suspend the taking of delivery
under the Agreement until further notice, on notifying the other party either orally
(confirming such notification in writing) or by notice in writing, if the Seller fails
to make delivery in accordance with the quantity or delivery provisions of the
Agreement.
Section 35 – Limitation on assignment
Neither of the parties to the Agreement shall without the previous consent in writing of the other
party (which shall not be unreasonably withheld or delayed) assign the Agreement or any rights
or obligations hereunder. In the event of an assignment in accordance with the terms of this
Section, the assignor shall nevertheless remain responsible for the proper performance of the
Agreement. Any assignment not made in accordance with the terms of this Section shall be
void.
Section 36 – Notices
36.1 Unless otherwise provided elsewhere in the Agreement, any communication by either
party to the other shall be sufficiently made if sent by first class post (by airmail where
airmail is possible), postage paid, or by telex or facsimile transmission or by courier to the
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