N.B : Kindly note that Terms and Conditions 2014 had been changed , please read it carefully .
Quality, quantity and sampling
(a) The quality and quantity of Marine Fuels nominated to be delivered are those stated in the Sale Contract. The tonnage requested by the Vessel shall not fall short or exceed by more than 10 pct the tonnage so stated without the prior agreement of Seller. The Seller shall measure the quantity and take samples of the Marine Fuels delivered. The Seller shall take three samples in accordance with his normal sampling procedures at the port in question. Two samples shall be retained by the Seller and one sample shall be passed to the Buyer (or his representative) for his retention. The Buyer (or his representative) may witness such measurement and sampling. The Seller's measurements of volume and calculations of quantity shall, subject to the provisions of sub- clause (b), be conclusive of the volume and quantity of Marine Fuels delivered. The results of the analysis of the Seller's samples shall be conclusive of the quality of the Marine Fuels delivered.Our Barge or Truck certified flowmeter is final and binding for the volume delivered to the ship.
(b) The Buyer shall not be entitled to complain of an incorrect measurement of the volume of Marine Fuels delivered unless the Buyer or his representative has witnessed such measurement and has made the complaint in writing at the time of delivery.
(c) The Seller shall not be liable for any defects in the quality of Marine Fuels unless the Seller receives notice in writing of a complaint within 14 days of
delivery and receives full details of the claim with supporting evidence within 30 days of delivery.
Anything herein contained to the contrary notwithstanding, Seller's obligation to make any delivery hereunder is subject to the availability to Seller or Supplier at the port at which delivery is requested, of the particular grade of Marine Fuel requested by Buyer.