the port of destination. Furthermore the Captain is to cable to
Sellers as well as to the shipowners at the port of loading the
day of the forthcoming arrival of the tanker at that port 4 days
before her arrival. Untimely receipt of one of the above
telegraphic or telex notification or untimely arrival of the
tanker at the port of loading entitles Sellers accordingly to
postpone the delivery of that lot of the goods which to be
shipped by the tanker.
Should the tanker fail to arrive at the port of loading for
more 20 days over the time her arrival advised by Buyers, Sellers
have the right to refuse to deliver corresponding quantity of the
goods for the shipment of which the tanker did not arrive in
In all case of delay in delivery of the goods and demurrage
of the tanker in connection with the ulmimely receipt of one of
the above notifications as well as delay in arrival of the
tanker, Seller are released from responsibility for delay in
delivery of the goods, and no demages incurred by Buyers in
connection with it can be claimed from Sellers.
b) On arrival of the tanker at the port of loading the
Captain is to give Sellers` representative at this port written
notice of readiness of the tanker for loading The Captain is
entitle to hand in the above notice at any time of the day.
c) Lay days to commence 6 hours after such notice is handed
in by Captain, berth or no berth. Sundays and Holidays are not to
be included into lay time whether used or not, and time of stormy
weather preventing loading as well as time during which shipment
could not be executed qwing to technical and other conditions
depending on the tanker, is not to be included into the lay time.
d) Time allowed for tanker's loading is fixed at 50 % of the
time stipulated in the Charter Party (or loading and unloading.
The time allowed for loading, however is not to be less than
e) Demmurage is to be paid the rate stipulated in the
Charter Party per day and pro rata for any part of the running
day but not more than
However, Sellers are not to pay any demurrage if the total
hours for tanker's actual loading and unloading do not exeed the
total hours provided for in the Charter Party.
Sellers guarantee reception of tanker with draught not more
In case of non-conformity of the qualify of the goods
actually delivered by Sellers with the contract specification,
any claim concerning quality of the goods may be presented within
two months from the date of delivery.
No claim shall be accepted by Sellers after expiration of
the above period.
No claim submitted for one lot of the goods shall be
regarded by Buyers as a reason for rejecting any other lot or
lots the goods to be delivered the present contract.
Should any circumstances arise which the complete or partial
fulfilment by any of the parties of their respective obligations
under this contract, namely: fire, ice conditions of any other
acts of the elements, war, military operations of any character,
blockade, prohibition of export or import or any other
circumstances beyond the control of the parties, the time
stipulated for the fulfilment of the obligations shall be
extended for a period equal to that during which such
If the above circumstances last for more than 20 days any
delivery or deliveries which are to be performed under the
contract within that period may be cancelled on the declaration
of any of the parties, and if the above circumstances last more
40 days each party shall have the right to discontinue any
further fulfilment of their obligations the contract in the whole
and in such cases neither of the parties shall have the right to
make a demand upon other party for compensation of any possible
The party for whom it became impossible to meet its
obligations the contract, shall immediately advise the other
party as regards the beginning and termination of the
circumstances preventing the fulfilment of its obligations.
Certificates issued by the respective chamber of commerce of
the Sellers' or Buyers' country shall be sufficient proof of such
circumstances and their duration.
Any dispute or difference which may arise out of the present
contract or in connection with it shall be settled with the
exception of submission to the law courts, by the in accordance
with the rules of the said Commission.
Decisions of this Arbitration to be considered final and
binding upon both parties.
11. Other Conditions
a) Neither party is entitled to transfer their rights and
obligations under the present contract to a third party without
the other party's previous written consent.
Besides, Buyers are not entitled to resell or in any other
way alienate the goods bought under this contract to any third
country without the other party's previous written consent.
b) After the signing of the present contract all previous
negotiations and correspondence between the parties in connection
with it shall be considered null and void.
c) All amendments and additions to the present contract are
valid only if they are made out in writing and signed by both
d) All taxes, custom and other dues, connected with the
conclusion and execution of the present - contract, levied within
- expect expenses connected with the Letter of Credit, to be paid
by Sellers, and those levied outside to be paid by Buyers.
12. Juridical Addresses