Bunker Agreement Definition

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1.9. Product refers to marine bunker fuel, oil, lubricants, etc., the precise quality of the fuel and specifications to be agreed separately between the Seller and the Buyer for each delivery. 10.1. The seller`s liability for consecutive damages is excluded. In any event, and notwithstanding the opposite, the seller`s liability cannot in any case exceed the invoiced value of the bunkers delivered to the ship in accordance with the corresponding agreement. For the duration of the unloading of each cargo tank loaded onto the cargo ship, sampling must be taken for the duration of the unloading. Sampling is carried out using the drip process for the duration of loading and unloading petroleum products for which a sampler is installed on the bunker`s dock. The resulting sample is carefully blended in the presence of contractor representatives and the management of the storage container and poured into 3 (three) clean containers with a volume of at least 1 (1) litre, which are then sealed and marked by the customer`s seals. Two specimens of the sample are given for storage to the representative of the administration of the cargo ship.

The third copy of the sample is kept by the holder. The holder is required to keep the samples shown for 30 (30) days and, in the event of a dispute during this period related to the quality of petroleum products received/issued, until the end of its billing period. The reference is three (3) referees. A party wishing to refer a dispute to an arbitral tribunal appoints its arbitrator and sends a written notification to the other party of that appointment, requiring the other party to appoint its own arbitrator within 14 calendar days following that notification and to declare that it will appoint its arbitrator as a sole arbitrator, unless the other party appoints its own arbitrator and indicates that it did so within fourteen (14) days. If the other party does not appoint its own arbitrator and indicates that it has done so in the 14 days given, the party transferring a dispute to an arbitration proceeding may designate its arbitrator as an arbitrator and advise the other party accordingly, without requesting a new prior notification to the other party. The decision of a single arbitrator binds the two parties as if he had been appointed by mutual agreement. There is nothing to prevent parties who agree in writing to amend these provisions to provide for the appointment of an individual arbitrator. seller communicates a communication containing complete information about the possibly defective or defective product, as well as information on the vessel`s position, destination and ETA; The quantity and location of all bunkers on board the vessel, the volume and volume of consumption from delivery and location just prior to consumption; for each of the three pre-ship deliveries quantity, quality and specification of the product delivered, place and date of delivery and supplier name; The International Maritime Organization (IMO), a United Nations organization responsible for preventing pollution from ships, adopted MARPOL`s Annex VI on 1 January 2020 to minimize the environmental impact of cargo bays. [10] 6.3.