GENERAL TERMS AND CONDITIONS
These Terms and Conditions shall apply to all sales, deliveries and services performed by ENEGEX SHIPPING FUELS, unless otherwise expressly agreed in writing.
By placing an order, the Buyer accepts these Terms and Conditions in full.
ORDERS AND DELIVERIES
a. All orders are accepted subject to availability of product and delivery facilities.
b. ENEGEX SHIPPING FUELS reserves the right to decline any order at its sole discretion.
c. Delivery dates and times are always approximate and subject to change depending on operational, port, customs, weather or other restrictions.
d. The Buyer shall provide full and accurate information regarding the vessel, quantity, grade, delivery point and any other information required for the proper execution of the delivery.
e. If the Buyer fails to take delivery of the full quantity ordered, ENEGEX SHIPPING FUELS reserves the right to charge all related costs, including but not limited to detention, pumping and customs expenses.
f. Any partial delivery shall be considered as a separate transaction.
g. In case of the replenishment tankers’ delay in arrival at bunkering installations, short supply, or any delay of supply by local Supplier or Refinery, ENEGEX SHIPPING FUELS has the right to cancel the stem without responsibility.
h. ENEGEX SHIPPING FUELS undertakes to provide barging service, if any, at port area only within normal harbor / anchorage limits. The vessel shall provide a free side and lines to affect the delivery.
i. The recipient vessel shall be responsible for providing safe reception for the full quantity of oil bunkers ordered without incidental risk to the Supplier.
j. If during any delivery, there is any escape or spillage of Marine Fuels:
(i) The recipient vessel shall promptly take and shall assist and co-operate with the Delivering Company in taking any necessary action to remedy or to mitigate the consequence thereof.
(ii) The vessel shall supply the Delivering Company with all such documents and information concerning the same as are required by law or regulation applicable at the Delivery Port.
(iii) The costs and expenses of remedying or mitigating the consequences of any escape or spillage of Marine Fuels which occurs in the course of any delivery shall, except to the extent that the same is caused by the negligence of the Delivering Company, be borne by the vessel / Buyer, who shall indemnify the Delivering Company against all claims for damages, costs, fines and penalties arising out of or in connection with the same.
DELAYS – FORCE MAJEURE
a. ENEGEX SHIPPING FUELS shall not be liable for any demurrage or loss incurred by the vessel due to congestion affecting delivery facilities, prior commitments of barges, or restrictions imposed by Port, Customs or other government authorities.
b. Allocation of the individual deliveries shall be made to Buyers’ vessels on a first-come first-served basis, subject to ENEGEX SHIPPING FUELS’s final decision.
c. Deliveries are always subject to weather permit.
d. ENEGEX shall not be liable for any demurrage, expense, damage, delay or loss incurred by the vessel as a result of any delay in delivery arising due to delays or any fault in general of storage depots, refinery facilities, machinery and other facilities.
e. ENEGEX shall not be liable for any demurrage, expense, damage, delay or loss incurred by the vessel as a result of any delay due to congestion affecting delivery facilities, prior commitments of barges, or restrictions or delays imposed by Port, Customs and any other Authority, save for the proven gross negligence of the Supplier / its executives or the intentional act thereof. The Supplier’s liability under any circumstances shall not exceed the proven actual running costs of the Vessel for the period of any delay for which the Supplier may be liable.
f. ENEGEX shall not be liable for any demurrage, expense, damage, delay or loss incurred by the vessel as a result of any delay due to Supplier’s / its executives’ liability.
g. If either party is rendered unable by Force Majeure to perform or comply fully or in part with any obligation or condition of the vessel’s supply and/or service, upon such party giving written notice by letter, email or fax to the other party of such force majeure within forty-eight (48) working hours after receiving notice thereof, such performance or compliance shall be suspended during the continuance of the inability so caused, and such party shall be relieved of liability and shall suffer no prejudice for failure to perform the same during such period. If the said period of suspension or performance continues in excess of thirty (30) calendar days, the agreement of supply may be cancelled with mutual agreement without liability of either party.
Force majeure means any unpredictable and emergency situation or event independent from the control of the parties, which prevents one of the parties from fulfilling its obligations pursuant to the contract and which is not due to misconduct or negligence on its behalf or on the subcontractor’s behalf and which was inevitable despite due diligence procedures. As used herein, the term “Force Majeure” shall include, by way of example and not in limitation, fire, wars or deliberate action, riots or commotions, acts of God, heavy storms and high sea, navigational accidents, vessel damage or loss, accidents at or closing of navigation or transportation mechanism, strikes, grievances, or actions by or among workers, lock-outs, or other labor disturbances, explosions or accidents to wells, pipelines, storage depots, refinery facilities, machinery and other facilities, actions of any government or by any person purporting to represent a government, or other causes not reasonably within the control of the respective parties.
MARINE FUELS QUALITY
a. Specifications and quality of such products are dependent on the Suppliers’ Refinery, which specifications may vary from time to time to meet the production requirements.
b. ENEGEX SHIPPING FUELS therefore can only deliver the quality and specification as received from the replenishment tankers of the Refineries, which specifications may vary upon the replenishment received and without prior notice.
c. Any quality doubts / disputes will be resolved by an analysis of the retained, sealed and signed sample taken during delivery by an official independent laboratory locally at the place / country where the vessel was supplied, and the certificates of analysis sent to the parties concerned, with results binding for all parties. Such samples shall be exclusive evidence of the oil bunkers delivered. Two (2) samples for each product of bunkers supplied will be taken from installation and/or barge manifold by the drip method, will be sealed, marked, signed, and one will be landed to the Buyers receiving vessel Master / Chief Engineer, the other kept by the Delivering Company, and only this sample shall be the final and conclusive evidence of the quality and composition of the goods delivered.
d. The sampling procedure should be witnessed from both sides and all samples should be taken mutually and undersigned by both vessels’ Master and/or Chief Engineer and installation representative / barge Master, and no quality claim shall be entertained and no action against the Delivering Company shall be taken unless notice in writing is given to the Delivering Company within a period not exceeding twenty-one (21) days from the completion of delivery.
Seller shall not be responsible for any claim arising from fuel delivered by carrier with other fuel aboard Buyers’ vessel.
MEASUREMENT OF QUANTITY – COMPLAINTS
a. The Delivering Company’s measurement shall be accepted as conclusive and the Representative from the vessel is at liberty to attend at the measuring. Any complaint shall be noted by a letter of protest during completion of the delivery and before departure of the vessel from the port / alongside.
b. Buyer at his own expense shall have the right to appoint an approved official Petroleum inspector to inspect the Marine Fuels to be delivered.
c. Weights valid subject to Customs’ Certificates are binding for all parties.
Barges are loaded basis shore tank figures and sealed by Customs. Once barge sealed, product is considered sold for export and cannot be returned. In case receiving vessel cannot receive the full loaded / ordered grades and quantity, all barge detention, depumping and Customs expenses will be charged to the Buyer.
RISK AND PROPERTY
Delivery shall be deemed completed and title and risk for product shall pass to Buyer at the permanent intake connection of Buyer’s nominated vessel.
PAYMENTS
Interest shall be charged at 2.00% per month or pro-rata on the delayed days, until the final and full settlement of the invoice. ENEGEX SHIPPING FUELS shall receive the full invoice value. Bank or other charges are unacceptable.
Payment for the supply, including other charges, shall be made in full, without any set-off or counterclaim whatsoever, according to the payment instructions on ENEGEX SHIPPING FUELS fax or otherwise sent Invoice.
LIABILITY FOR OBLIGATIONS
a. If the bunkering is contracted by an agent of the Buyer on behalf of a principal or principals disclosed or undisclosed, or by the Buyer on behalf of himself and as agent on behalf of another principal or principals, such agent or the Buyer, as the case may be, shall be jointly and severally liable with such principal or other principals, as the case may be, for the due and proper performance of the contract.
b. Marine Fuels are supplied under a bunkering commitment of the faith and credit of the vessel to which they are supplied as well as on the faith and credit of the Buyer.
c. It is explicitly accepted by all parties concerned that the supplied vessel and/or her Owners are responsible and liable for any article / item of the present Terms and Conditions.
d. It is strictly prohibited for the invoice and relevant amount due to be assigned, endorsed or otherwise transferred to any third party without previous written consent of ENEGEX SHIPPING FUELS.
Master and Local Agents should liaise with the Supplier and keep them updated about vessel’s ETA and time of supply.
e. ENEGEX incurs no liability against the Buyer for:
i. Loss of actual or expected profit,
ii. Losses caused by the termination of the business activities,
iii. Indirect losses by loan / financing servicing charges,
iv. Loss of goodwill or reputation, or
v. Any indirect, special or subsequent cost, expense, loss or damage, even if such cost, expense, loss or damage could reasonably be foreseen or could have reasonably been examined by ENEGEX if it arose due to breach of contract, tort, negligence, breach of law or otherwise.
Under no circumstances shall the Supplier or its employees or subcontractors and/or agents be responsible for any physical injury or damage unless it is due to their gross negligence or deliberate act.
Similarly, the company incurs no liability against the Buyer in case the product ordered and provided is for any reason entirely appropriate or inappropriate for use on the vessel or is not compatible with other products already existing on the vessel. The products are solely intended for marine use by the vessel.
PERSONAL DATA
The Buyer accepts that the Supplier will use his data, by keeping them in databases pursuant to the current and applicable law on personal data, as amended and in force, including without limitation Law 4624/2019 on the protection of the individual from the processing of personal data and the General Data Protection Regulation (EU) 2016/679, to inform him via telephone, email or text messages (SMS) about its products and services.
In case the Buyer wishes the amendment or erasure in whole or in part of his data from the database of the Supplying Company in the future, as well as if he wishes the withdrawal of his consent, he may at any time and at no extra charge inform the Company in writing by sending the relevant substantiated message at info@enegex.gr.
Moreover, in the event that the Buyer wishes to exercise his legal rights in accordance with the current and applicable law, including without limitation the right of access, rectification, erasure, restriction of processing, portability and objection, he may at any time and at no extra charge inform the Supplying Company in writing and with justification at info@enegex.gr.
LAW AND ARBITRATION
The provisions hereof, the performance of the contract and the resolution of any dispute arising therefrom shall be governed by Greek law, whereas the competent courts shall be the Courts of Piraeus, Greece.
The present document may be changed in accordance with the Supplier’s decision without any previous notice.
Piraeus, Greece
1/1/2019
