BP 2007 Products

equirements in the Agreement, require confirmation in writing (telex acceptable)
from the Buyer stating that “the Product deliverable under the Agreement will be
used as feedstock only”.
3. Movements between EU States
3.1 Notwithstanding the provisions of Section 29:
3.1.1 the Seller shall provide the Buyer with the relevant original
document(s) (e.g. an AAD or an INF3) showing that the Product is EU
qualified and therefore in free circulation within the EU and import
duty is therefore not due on such Product;
3.1.2 the Buyer shall submit such original document(s) to the relevant and
local customs authorities and only if such customs authorities accept
such document(s) shall Product be deemed as free from import duty;
3.1.3 if the relevant document(s) is/are not available for presentation to the
Buyer or its representative by 1200 hours (London time) on the
banking day in New York prior to the payment due date, or if the
customs authorities refuse to accept and/or verify such document(s),
the provisions of paragraphs 1.3 and 1.4 of this Schedule shall apply
mutatis mutandis.
3.2 Without prejudice to the provisions of Section 29, in order for any delivery of
Product hereunder for transfer/transportation within the EU to be zero Intra
Community Dispatch rated for VAT, the Buyer is required to provide the Seller,
prior to commencement of loading/transfer, with a written (telex) declaration
stating “(a) a valid VAT registration number of the Buyer in an EU state other than
the EU state in which the loading terminal is located, and that (b) an Intra
Community Acquisition of the Product will be reported in the country of
destination”.
4. Dyed Product for transportation to Belgium
If the Product deliverable under the Agreement which is to be transported to Belgium is
dyed, the Buyer shall, prior to commencement of loading/discharge/transfer of the
Product, supply to the Seller either (i) a written confirmation from the Buyer (telex
acceptable) stating that “the Product delivered under the Agreement will be delivered in
Belgium to a recipient which has a licence permitting it to take delivery within Belgium of
dyed Product”; or (ii) a copy of the relevant licence.
If the Buyer fails to provide either of the above documents prior to the commencement
of loading/discharge/transfer of the Product, the Seller shall be entitled to load/
discharge/transfer, and the Buyer shall be required to accept, undyed Product in full
satisfaction and performance of the delivery obligations under the Agreement. Any costs
involved in obtaining the above documentation and any costs arising from delay in
loading/discharge/transfer whilst awaiting the arrival of the relevant documents including,
without prejudice to the generality of the foregoing, any demurrage attributable thereto,
shall be for the Buyer's account.
If the recipient of the Product does not have a valid licence to take delivery within Belgium
of dyed Product, the Buyer agrees to indemnify and keep indemnified the Seller against
all costs, charges, expenses and liability including, without prejudice to the generality of
the foregoing, liability in respect of Excise Duty and Mineral Oil Tax, incurred by the Seller
as a result of (a) supplying dyed Product to the Buyer, and/or (b) the recipient of the
Product in Belgium not having a valid licence as referred to above.
5. For domestic movements within The Netherlands
Without prejudice to the provisions of Section 12 of these Conditions of Sale in order for
any delivery of Product hereunder for transfer/transportation within The Netherlands to be
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