General Terms & Conditions
(hereinafter called the ”Terms”)
The terms are valid for all offers, sales and deliveries unless otherwise agreed in writing.
The Term apply for all products delivered by NORbunker A/S unless otherwise agreed in writing.
All prices stated by NORbunker A/S exclude VAT and taxes of any kind.
The customer is obliged to accept any changes in prices which are a consequence of documented, increased costs for NORbunker A/S. Such increased costs can be but are not limited to changes in exchangerates, customs, taxes or other charges etc.
Offers fra NORbunker A/S become binding when the customer receives written confirmation from NORbunker A/S.
Until the customer’s accept of the offer reaches NORbunker A/S, NORbunker A/S is entitled to enter into agreements with third parties concerning the offered deliveries and thereby voiding the offer.
In case the customer’s accept does not comply with the terms of NORbunker A/S’ offer, the offer is automatically declined by NORbunker A/S and NORbunker A/S is entitled to enter into agreements with third parties concerning the offered deliveries.
PAYMENT Payment shall be made by the customer in USD or other agreed upon currency.
Payment shall be made on the agreed upon payment date and to the bank nominated by NORbunker A/S. This information is stated in NORbunker A/S’ invoice.
In the event that payment is not effective on the date of payment, the outstanding amount will bear interest from the payment date. The interest rate is 2 percent pro month. The interest will accrue and be added at the 1st of every month.
If NORbunker A/S at any time deems the Customer’s financial situation or legal structure to have changed to the disadvantage of NORbunker A/S, then NORbunker A/S is entitled to require an adequate collateral, prepayment or other security for any present or future orders from customer.
THE TITLE TO THE OIL
The title to the oil remains with the NORbunker A/S until the full purchase sum is received by the NORbunker A/S.
The delivered marine oil is on the account of the vessel receiving the marine oil delivery and the customer agrees that the NORbunker A/S has a lien on the receiving vessel for the invoiced amount for the above mentioned marine oil for the ship’s future operation.
The marine oil is delivered ex-installation, ex-barge or ex-truck as the case may be and according to agreement.
Delivery of the marine oil shall continue, if the Master or the Owners of the vessel so requests, during night hours and religious and secular holidays, unless prohibited by laws and regulations applicable in the port of the delivery.
Delivery and passing of risk are concluded when the oil has been transferred to the receiving vessel.
Pumping in shall take place under supervision from the receiving vessel.
NORbunker A/S is entitled to assign all rights and obligations in reference to the delivery agreement with the customer to a third party.
PRODUCT INFORMATION It will be NORbunker A/S’s usual commercial quality for marine oil that is offered to the customer at the point in time the delivery takes place or according to submitted specification.
NORbunker A/S does not have any responsibility for the customers choice of marine oil to be used in the vessel to which it is delivered.
NORbunker A/S reserves the right to make changes in the contracts specifications, if this can take place without substantial disadvantage to the customer. Such changes can be made without prior notice.
DEFICIENCIES AND COMPLAINTS
With delivery, the customer shall immediately undertake such an examination of the purchased order which good business practice requires.
NORbunker A/S shall take four representative samples of each grade of marine oil delivered.
The customer or the customers accredited representative shall be at liberty to witness the sampling.
Two sealed samples shall be handed to the master of the receiving vessel, one of which being dedicated as the MARPOL sample, and the other two samples retained by NORbunker A/S or their representative for 30 days from the date of delivery in a safe place where they will not deteriorate.
At the end of the 30 days the samples may be discarded unless the customer has made a complaint or claim at this time, in which case the sample will be analysed by a recognised company.
No sampling will take place in connection with purchases from selfserving units or with purchases of lubricating oils.
NORbunker A/S’s weight and measurements shall be conclusive evidence of the quantities delivered. However, without prejudice to the conclusiveness of NORbunker A/S’s weights and the measurements, the customer or his accredited representatives shall be at liberty to witness and check such weights and measurements.
Every complaint in connection with shortage shall be noted on “Bunker Receipt” immediately at the time of delivery. Every complaint from the customer in regards to deficiencies with delivered marine oil from NORbunker A/S must be made without ungrounded delay and no later than 14 days from the reception with all necessary details requested by NORbunker A/S for a satisfactory investigation of the deficiency.
In the event that the customer has discovered or should have discovered the deficiency, and the customer does not complain as stated above, then the customer can not, at a later time, claim damages for the deficiency.
If the customer files a complaint with NORbunker A/S, then NORbunker A/S shall order an analysis of one sample of the delivered product in question to explore whether the complaint is justified or not.
The result of such analysis shall be final and binding for both the customer and NORbunker A/S as to the parameters tested. If it turns out that the complaint is not justified, the customer is obliged to pay to NORbunker A/S any and all costs of this analysis. The customer will receive a copy of the analysis.
Deliveries are not returnable to NORbunker A/S unless a specific agreement in writing is reached prior to returning.
In case the delivered marine oil does not comply with the quality standards that the customer is entitled to expect or the delivery is delayed and this is due to gross negligence on the part of NORbunker A/S, then NORbunker A/S is liable and responsible for direct losses caused thereby.
NORbunker A/S is in no case liable or responsible for any consequential damage or losses, indirect damage or losses, loss of business profits or losses due to waiting time or any other non direct losses.
NORbunker A/S’s liability can in no case exceed a sum of 10 Million DKK.
Product liability is governed by Danish Law and can not be subject to rules of any other jurisdiction.
NORbunker A/S is liable or responsible for any personal injury or property damages that might be caused by the delivered marine oil.
NORbunker A/S’s liability can in no case exceed a sum of 10 Million DKK.
APPLICABLE LAW AND COMPETENT JURISDICTION
Any dispute between the parties shall be settled by the courts of NORbunker A/S’s jurisdiction in Denmark and according to Danish law.
The language to be used in case of litigation shall be Danish.
The United Nations Convention on Contracts for the International Sale of Goods (CIGS) shall not apply to the legal relations of the parties.