ARTICLE 1: SCOPE OF SERVICE, GOODS, QUANTITY, QUALITY AND ORDER
1. Scope of service & commodity:
- Party A (SELLER) agrees to supply and Party B (BUYER) agrees to purchase fuel as FO (0.5%S) and DO 0.05%S (hereinafter referred to as “Goods”), as per party B’s needs and requirements to supply for vessels nominated by Party B.
- The quantity of goods purchased as Party B’s option, to be mentioned in the order of Party B and Party A accepts. Party B will inform Party A the quantity, time and place of delivery for each delivery by Purchase Order at least 05 working days before receiving the Goods.
- Fuel quality shall be in accordance with curent Viet Nam standards for marine fuel specification.
4. Purchase Order(s):
- Purchase Order(s) indicate demand of purchase, forms of buying and receiving goods, from time to time, which will be sent from Party B to Party A (the original or a fax, email, ....). Purchase Order form should be in the prescribed form of Party A and it is an integral part of the contract. The time of placing the order shall be determined when the order is confirmed in writing by both parties (the original or a fax, email,...)
ARTICLE 2: PRICE AND METHOD OF PAYMENT
1. The contract unit price:
- The contract unit price will be agreed by two parties and stipulated in the Appendix of this contract.
- Price will include all fees, including VAT, import tax & any other taxes, transportation fee, fee for environment guard, delivery and pumping charges, formalities permission from relevant authorities/organization, service/handling fees and any other charges.
- Above price excludes surveying fee (if any) which to be covered by Party B under his options & appointment.
2 Proper set of documents for payment:
- Legal value-added invoice(s), in original.
- Bunker-Delivery Note (BDN) for each delivery, in original. (With the proper signature of Captain or Chief Engineer of the receiving vessel(s). Name of vessel(s) to be designated by Party B, mentioning in the Purchase Order of each time.
- Surveying record on the quantity made at the scene by independent surveyor which is nominated by Party B or the final receiver.
- Quality certificates issued by the source storage for each shipment, in original or certified copy by the supplier.
- Payment Request, in original.
ARTICLE 3. DELIVERY OF GOODS
1. Method of delivery of Goods
- Party B will inform Party A to request the delivery of Goods, with the information of the quantity to be delivered, delivery time & place, and method of delivery for each delivery by Purchase Order at least 05 working days before receiving the Goods, and there must be a Party A’s confirmation of this Purchase Order within 1 working day from the date of issuing Purchase Order by Party B.
- An independent bunker surveyor will survey both barge of the Supplier and equipment of Party B before and after delivery of the Goods. This survey needs to be witnessed by a representative of both parties and measurements will be agreed and signed prior to calculation of delivered quantities of Goods. Pumping will be started as soon as initial measurements are signed.
- Upon the receipt of Party B's Purchase Order, Party A will proceed to deliver the Goods to Party B as per schedule mentioned in Party B’s purchase order.
- After the completion of the delivery of the Goods and the inspection by the independent bunker surveyor, Party A’s equipment will immediately cast off and leave Party B’s vessel.
- The delivery shall be carried out in the daytime only.
- Party A will be responsible for hose connection to fit with inlet connection of Party B’s equipment.
- The ownership, liability for risk, loss of Goods shall be transferred to Party B at the location of the inlet valve on board of Party B’s equipment. Should there be any incidents, including environmental incidents, during the fueling process, the party at fault shall bear all responsibility.
- Each party is solely responsible for their cargo’s insurance and property from the time of above transferring.
ARTICLE 4. RESPONSIBILITY OF EACH PARTY
1. PARTY A
2. PARTY B
2. PARTY B
ARTICLE 5. COMMON CLAUSE
- Any change or additions to the contract will only the effective, when both parties agree in writing.
- Any content about the buying and selling of the Goods which has not been approved by both parties in the contract will be performed according to regulation of the law.
- During the performance of the contracts, Party B has a right to decide the supply schedule, supplier name and additional conditions, if any... (by Party B’s Purchase Order), according to their will and selection. All Purchase Order(s) confirmed by both sides will be considered as an integral part of the contract.
- Both parties have understood, completely agreed with every article and voluntary signed name.