BP 2007 Products

Section 1.1.2(ii) shall always be in accordance with good standard practice at the
Loading Terminal at the time of shipment.
1.2.3 Any certificate of quantity and quality issued by an independent inspector
pursuant to Section 1.1.1(ii) or 1.1.2(i) shall record that the independent inspector
did witness, or himself undertook, the taking of samples and that the
independent inspector did witness, or himself undertook, the analysis of such
samples. For the avoidance of doubt, the parties agree that a certificate of
quantity and quality countersigned by an independent inspector confirming these
matters shall be a certificate of quantity and quality for the purposes of Section
1.2.1 above.
1.2.4 In the event that the independent inspector did not undertake or did not witness
the taking of samples or the analysis of such samples then the certificate of
quantity and quality issued or countersigned by him must expressly reflect this
and it will not, in these circumstances, be a certificate of quantity and quality for
the purposes of Section 1.2.1 but merely evidence of those matters undertaken
or witnessed by the inspector.
1.3. Place of Certification
Should it not be customary practice at the Loading Terminal at the time of shipment for
measurement and sampling pursuant to Section 1.1 to take place at the Vessel’s manifold
immediately prior to loading, or should the parties agree otherwise, then it is a condition
of the Agreement that the Seller shall be obliged to provide the same quantity and quality
of the Product at the Vessel’s permanent hose connection as set out in the certificates of
quantity and quality so issued.
Section 2 – Risk and property
2.1 Notwithstanding any right of the Seller to retain the documents referred to in Section 30
until payment, the risk and property in the Product delivered under the Agreement shall
pass to the Buyer as the Product passes the Vessel's permanent hose connection at the
Loading Terminal. If the Product delivered hereunder forms an unascertained part of a
larger bulk, payment for the Product delivered hereunder shall, solely for the purpose of
enabling property in such Product to pass to the Buyer pursuant to Section 20(A) of the
Sale of Goods Act 1979, be deemed to have been made as such Product passes the
Vessel's permanent hose connection at the Loading Terminal.
2.2 Any loss of or damage to the Product during loading, if caused by the Vessel or its officers
or crew, shall be for the account of the Buyer. Any claim made by Seller’s supplier(s)
against the Seller in respect of damage to any facilities at the Loading Terminal (or in the
event the facilities are operated by the Seller any claim by the Seller or by an Associated
Company of the Seller) caused by the Buyer’s Vessel shall be borne by the Buyer.
Section 3 – Laydays
3.1 The Laydays shall be the day or range of days (in accordance with standard practice at the
Loading Terminal) either:
3.1.1 as specified in the Special Provisions; or
3.1.2 established in accordance with the procedure(s) specified in the Special
Provisions; or
3.1.3 where such Laydays cannot be ascertained by reference to Sections 3.1.1 or
3.1.2, or where the Agreement is for the delivery of more than one shipment, as
notified by the Seller to the Buyer by not later than either:
page 6