BP 2007 Products

ut not limited to the time required or costs incurred by the
Vessel in taking any action or any special or additional security
measures required by the ISPS code or MTSA.
v) Save where the Vessel has failed to comply with the requirements of
the International Code for the Security of Ships and of Port Facilities
and the relevant amendments to Chapter XI of SOLAS (ISPS Code)
and within the USA and US territories or waters, with the US Maritime
Transportation Security Act 2002 (MTSA), the Buyer shall be
responsible for any demurrage actually incurred by the Seller arising
from delay to the Vessel at the Discharge Port resulting directly from
the Vessel being required by the port facility or any relevant authority
to take any action or any special or additional security measures or
undergo additional inspections.
vi) If the Discharging Terminal is not operated by the Buyer or an
Associated Company of the Buyer, the Buyer’s liability to the Seller
under this agreement for any costs, losses or expenses incurred by
the Vessel, the charterers or the Vessel owners resulting from the
failure of the Discharge Port/terminal/installation to comply with the
ISPS Code or MTSA shall be limited to the payment of demurrage,
costs, losses or expenses that the Buyer is able to recover and does
recover from its supplier or other relevant third party, and then only to
the extent of such recovery. The Buyer shall, however, use reasonable
efforts so to recover from its supplier or other relevant third party.
1.3 CLC
The Vessel shall:
(a) carry on board certificate(s) as required pursuant to the 1992 Civil
Liability Convention for Oil Pollution Damage or any Protocols
thereto (“CLC”); and
(b) if the Product constitutes Persistent Oil, have in place insurance
cover for oil pollution no less in scope and amounts than available
under the rules of P. & I. Clubs entered into the International
Group of P. & I. Clubs (currently standard oil pollution cover of
US$ 1,000 million
1.4 ISM Certificates
The Vessel shall have on board at all times a valid ISM certificate and the owners,
before and during the voyage, comply with the requirements of the ISM Code.
(For the purposes of the Agreement, “ISM” means the International
Management Code for the Safe Operations of Ships and for Pollution
Prevention.)
1.5 ISGOTT, etc.
The Vessel shall be manned, operated and maintained so as to fully comply with
(i) the standards set out in ISGOTT, (ii) appropriate IMO recommendations, and
(iii) the OCIMF Guidelines for the Control of Drugs and Alcohol On-board Ship
(1990), each as amended from time to time. (For the purposes hereof, “ISGOTT”
means the International Safety Guide for Oil Tankers and Terminals, as current
from time to time, and “IMO” means the International Maritime Organisation.)
1.6 Closed loading and/or discharge
Vessels which are loading/discharging a volatile, toxic or noxious cargo must
operate at all times in the Closed Operations mode. Closed Operations refers to
the procedures whereby Vessels conduct cargo transfer and ballasting
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