Terms and conditions
 
Nomination
  • All information regarding the delivery of the Products (i.e. vessel’s name, agents, E.T.A. proposed by the Buyer or otherwise agreed between Med Petroleum and the Buyer, delivery port, specifications and quantities of the Products, grade etc) will be notified by the Buyer to Med Petroleum in writing. Any amendment in the above will be notified in writing by the Buyer to Med Petroleum in due time prior to the delivery of the Products.
  • The Buyer shall inform in writing Med Petroleum directly or through the Buyer’s Agent, at least 48 hours prior (excluding weekends and holidays), of the vessel’s readiness to receive delivery and the exact required quantity of the Products. Such notice shall be deemed cancelled if the Vessel has not arrived within 2 days after the Vessel’s earliest estimated lifting date, as per the Nomination. In such a case, Med Petroleum reserves the right to refuse delivery of the Products, as already nominated or to renegotiate the prices/quantities.
  • If the Buyer cancels the Nomination for any reason whatsoever any charges incurred by Med Petroleum are for the Buyer’s account.
  • The Buyer shall indemnify and hold harmless Med Petroleum against all damage and liabilities arising from any acts or omissions of the Buyer or its servants, ship’s officers or crew in connection with the delivery of the fuel under this agreement.
  • Each sale of the Products shall be confirmed by the Confirmation which shall incorporate the Terms and Conditions by reference.
  • DIRECTOR / CONTROLLER PERSONAL LIABILITY, GUARANTEE, AND INDEMNITY
  • Parties Jointly and Severally Liable. If a trader, agent, or manager contracts for the purchase of Marine Bunkers on behalf of the registered owner of the Vessel (the “Owner”), such trader, agent, or manager, together with the Buyer, the Owner, and each director of the Buyer and/or of such trader/agent/manager who signs, authorises, approves, ratifies or otherwise permits the Order (including by email or electronic platform), shall be jointly and severally liable to pay the Physical Supplier/Seller (the “Seller”) the full Invoice amount together with contractual interest, costs, expenses, and attorneys’ fees, as stipulated in the Seller’s General Terms and Conditions (“GTC”), to the maximum extent permitted by applicable law.
  • Personal Liability Trigger. Without limiting the generality of Clause 3.5, any director who (i) executes the bunker confirmation or delivery receipt, (ii) issues or authorises the purchase order, (iii) communicates acceptance of the Seller’s GTC, or (iv) otherwise knowingly procures or permits delivery to the Vessel, assumes joint and several liability with the Buyer and Owner for all sums due under the Invoice and these GTC.
  • Joint and several liability. If Marine Bunkers are ordered or a Contract is concluded by or through any trader, agent or manager for or on behalf of the Owner/Buyer, then each such trader, agent or manager and each of their Controllers shall, to the fullest extent permitted by applicable law, be jointly and severally liable with the Owner/Buyer to pay all sums due to the Physical Supplier/Seller (the “Seller”) under the Contract and these GTCs, including the Invoice price, interest, further costs, expenses and enforcement costs.
  • Each Controller irrevocably and unconditionally guarantees, as a principal obligor and not merely as surety, the due and punctual payment and performance of all present and future obligations of the Buyer under the Contract (the “Guaranteed Obligations”), and agrees to pay on first written demand any amount not paid when due without set-off or counterclaim and free and clear of any deduction or withholding (gross-up so that the Seller receives the full amount).
  • Without limitation, Controller liability shall be deemed established where any of the following occurs: (a) the order is placed without actual authority or in excess of authority; (b) false or misleading statements are made regarding ownership/agency/credit; (c) the Controller procures or permits delivery/consumption of Bunkers knowing the Buyer cannot or will not pay when due; (d) the Controller diverts the Bunkers, the Vessel or voyage proceeds to defeat payment; (e) the order is placed on behalf of a defunct, dissolved, shell or asset-less entity; (f) the Buyer places an order for Bunkers notwithstanding that it is insolvent, undercapitalised, or otherwise lacks a reasonable ability to pay the invoice when due (including where payment capacity is known or ought reasonably to be known to be insufficient); (g) the Buyer fails to pay any bunker invoice in full when due (time for payment being of the essence), in which case the Controller’s liability arises automatically without further notice or demand.
  • The Controller is and agrees to be a party to these GTCs and shall be bound by all terms herein to the fullest extent permitted by applicable law.
  • If the bunker supply is confirmed by any employee, officer, or agent of the Controller’s company (including by email or by signing any delivery receipt/BDR), such confirmation shall be deemed given with the Controller’s authority and on its behalf. The Controller shall be deemed to have knowledge of the supply and to have accepted and be bound by these GTCs, irrespective of any internal approval formalities. Such confirmation shall constitute conclusive evidence of acceptance
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