Terms and conditions
 
Applicable Law & Jurisdiction
  • General Jurisdiction Clause

    All disputes arising in connection with this Agreement or any related agreement shall be resolved as provided herein, unless the Seller, at its sole discretion, decides otherwise. For the sole benefit of the Seller, it is further agreed that the Seller shall have the unrestricted right to proceed against the Buyer, the Owner, the Vessel, or any third party in any jurisdiction chosen by the Seller, including but not limited to the jurisdiction of the Vessel’s arrest, to secure payment of any outstanding amount. In such cases, the substantive and procedural laws of the jurisdiction selected by the Seller shall govern the proceedings, including the enforcement of maritime liens, attachments, or other security interests.
  • Arbitration in London and U.S. Maritime Lien Enforcement.
  • London Arbitration.

    Any and all disputes and claims arising out of or in connection with this Agreement, including but not limited to its existence, scope, validity, enforceability, or arbitrability, shall be referred to arbitration in London under the Arbitration Act 1996 or any statutory modification or re-enactment thereof. The arbitration shall be conducted in accordance with the London Maritime Arbitrators Association (LMAA) Terms in force at the commencement of the proceedings.

    The seat of arbitration shall be England, even if hearings take place elsewhere.

    The language of the arbitration shall be English.

    If the parties fail to agree on a sole arbitrator, a panel of three arbitrators shall be appointed.
  • U.S. Federal Maritime Lien Act and Lien Enforcement.

    Regardless of the forum in which arbitration or legal proceedings are initiated, the determination of maritime liens, attachments, shall be governed by the United States Federal Maritime Lien Act (46 U.S.C. §§ 31341-31343). The Seller shall retain the unequivocal right to:

    Initiate Rule B attachments and Rule C in rem actions in any U.S. Federal District Court with Admiralty Jurisdiction to secure payment for outstanding bunker invoices.

    Enforce a maritime lien over the Vessel, its earnings, and its resale value, irrespective of any purported restrictions in a charter party or other contractual agreement.

    Pursue claims against any sister vessel or associated ship under applicable U.S. maritime law and relevant international legal doctrines.
  • Maritime Lien and Interest Rate Provisions
  • Foreign Maritime Lien Recognition

    If the flag state of the Vessel recognizes maritime liens for bunker supply, the Seller shall have the right to enforce such liens under flag state law. The Buyer and Owner agree that:

    If the flag state of the Vessel recognizes ma - 5 % monthly compound interest rate (compounded) shall apply for any late payment of bunker invoices.

    -CIMLA will apply in any jurisdiction, and the Buyer/Owner waives any challenge to the enforcement of maritime liens internationally
  • South Africa Associated Ship Arrest

    . Pursuant to Section 3(7)(a) of the Admiralty Jurisdiction Regulation Act 105 of 1983 (AJRA), South Africa, a vessel may be arrested as an associated ship when: It is owned by a company controlled by a person who owned or controlled the primary vessel at the time the maritime claim arose. The associated ship owner agrees that they are bound by the arbitration clause and all other terms of this Agreement, including joint and several liability for outstanding bunker invoices, interest, and legal costs.
  • Arbitrator’s Jurisdiction

    The arbitrator shall have the exclusive authority to rule on its own jurisdiction, including issues related to the existence, validity, or arbitrability of claims. A challenge to the arbitration agreement shall not stay or delay arbitration proceedings. The arbitrator’s power includes the right to determine the existence of a contract independently of any other disputed contractual terms.
  • Interim Measures and Injunctions

    The Tribunal shall have the power to issue interim measures to prevent the sale of the Vessel and to ensure that the Seller’s claims are secured from the proceeds of any judicial ship sale. Additionally, the Tribunal may order an advance payment from the sale proceeds to cover part of the Seller’s claims. The Buyer and Owner agree that all bunker invoices, interest, and legal costs shall be settled from the sale proceeds of the Vessel as a priority claim.
  • Rights of Non-Physical Suppliers

    If the Seller is not the physical supplier but is purchasing bunkers from another provider, the Seller shall be entitled to enforce all rights held by the physical supplier, including the right to enforce a maritime lien against the Vessel and the Owner/Charterer.

    The Seller shall have the same rights as the Physical Supplier under its own sale and purchase terms.
  • Counter Security

    The Buyer hereby expressly and irrevocably waives any and all right to demand counter-security/security for cost from the Seller in response to any claim, counterclaim or otherwise, in any court or arbitration proceeding.

    The Buyer agrees and warrants that They will provide arrange bank guarantee in London covering outstanding bunker invoice, interest and security for cost during arbitration proceeding.
  • Entry Into Force and Availability.

    Entry into force

    . These Conditions enter into force with effect from 03 January 2022 at 00.01 hours (GMT) and shall apply to all Contracts and Order Confirmations agreed on this date and time or hereafter.

    Availability.

    These Conditions are available at the Seller’s website, on which site the Seller may public amendments, alterations, changes or verifications to the Conditions. Such amendments, alterations, changes or verifications are deemed to be part of the entire Conditions once same have been published on the website.
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