For the purposes of these General Terms and Conditions:-

"The Seller" means AMOIL (PROPRIETARY) LIMITED

"The Buyer" means the buyer of Marine Fuel from the Seller.

"The Supplier" means the manufacturer and/or supplier of Marine Fuels which are sold by the Seller to the Buyer or its nominee.

"Marine Fuel" means Marine Fuel Oil, Intermediate Fuel Oil, Thin Fuel Oil, Marine Diesel Fuel, Light Marine Diesel Fuel, Gas Oil and Marine Lubricants.

Marine Fuels shall be the Supplier's commercial grades of Marine Fuels as generally offered to customers at the time and place of supply.  The Buyer shall be solely responsible for the selection of proper Marine Fuels for use in the vessel being supplied.

The Buyer warrants that it has not relied upon any representation made by or on behalf of the Seller but has relied exclusively on its own knowledge and judgement as to the fitness for its purpose of the Marine Fuel supplied.  Accordingly, all other conditions or warranties in respect of such Marine Fuel relating to merchantability, quality, fitness for purpose or otherwise whether expressed or implied, by statute, common law or otherwise are excluded.

Any dispute as to the quality of Marine Fuel shall be determined exclusively by an independent reputable laboratory, appointed by the Seller, from samples taken by the Supplier at the time of supply.  If the results of the analysis of any sample show that the Marine Fuel falls within the specifications for the Marine Fuel purchased, the costs of the analysis will be for the Buyers account.

The quantities of Marine Fuel delivered shall be measured and calculated in accordance with the ASTMS - IP Petroleum Measurement Tables or the methods of any other recognized standards authority issued from time to time by the Supplier.

The Supplier's weights and measurements shall be accepted as conclusive evidence of the quantities delivered.

If the Buyer causes delays to the Seller or the Supplier in effecting deliveries, the Buyer shall be liable for and shall pay demurrage or such other damages to the Seller and/or the Supplier on the basis of actual costs incurred and shall reimburse the Seller and/or the Supplier for all other expenses arising therefrom.

Delivery shall be made during normal working hours unless required at other times and permitted by port regulations in which event the Buyer shall reimburse the Seller and/or the Supplier, at the rates then applicable for such work, for all additional expenses arising therefrom.  If any Government permission is required for any deliveries of Marine Fuel, no deliveries shall be made until such permission has been obtained and proof thereof provided to the satisfaction of the Seller.

The Buyer or the Buyer's local agents shall give the Supplier at each port where deliveries are required, at least seven (7) days prior notice (unless otherwise agreed in writing), religious and public holidays excluded, of the exact quantity of Marine Fuel required and exact location and time at which delivery is to be effected.  The Buyer shall reimburse the Seller or the Supplier for overtime and/or other additional expenses incurred due to the failure of the Buyer, its servants or local representatives/agents to provide the Supplier with sufficient prior notice of amendments of delivery time, quantity changes or cancellations.  In any event the Seller shall not be responsible for delay and/or loss incurred directly or indirectly by the Buyer consequent upon such failure to advise the Seller timeously.

The Buyer shall make all connections and disconnections between the delivery hose and vessel's intake pipe, and shall render all other necessary assistance and provide sufficient tankage and equipment to promptly receive all deliveries of Marine Fuel made by the Seller.

All deliveries shall be deemed to be complete and title shall pass to the Buyer when the Marine Fuel has reached the flange connecting the delivery facilities provided by the Seller or the Supplier, with the receiving facilities provided by the Buyer.  The Marine Fuel shall be pumped at the risk of the Seller or the Supplier up to such connecting flange only.  At any point thereafter the Seller or the Supplier shall not be responsible for any loss, damage or injury to any property or person or in respect of the conse¬quences or costs arising from any pollution howsoever caused.

The Seller or the Supplier shall not be obliged to deliver Marine Fuels into any of the receiving vessel's tanks which are not regularly used for bunkers and shall not be obliged to deliver any Marine Fuels for export and for which a Government permit is required but has not been obtained.

Unless otherwise specified, prices quoted for Marine Fuels shall exclude barging and will be for supply ex-pipeline at a pipeline berth.  Should supply by barge be required, the booking of such barge will be the responsibility of the Buyer, except in respect of ports for which it is specified that delivery by barge is the only method of delivery available.

In the event of an oil spill, the Buyer shall promptly take such action as is reasonably necessary to remove the oil and mitigate the effects of such spill and shall supply the Seller with all documents and any other information concerning the spill or as required by law or regulation applicable at the supply port.

If at the port or location where delivery is to be made, supplies of Marine Fuel available to the Seller or the Supplier are curtailed, deliveries of Marine Fuel may, at the Seller's discretion, be suspended or cancelled or allocated amongst customers in such a manner as the Seller deems appropriate.  The Seller shall not be required to increase supplies from some other source of supply or to purchase Marine Fuel to replace the supplies so curtailed.  In any such event, the Supplier shall not be liable to the Buyer for any damages or loss sustained by the Buyer.
Notwithstanding anything to the contrary in these Conditions, deliveries at all ports are subject to Marine Fuel stocks being available; if it is necessary to deliver a premium grade of Marine Fuel in lieu of the product ordered, the Buyer shall pay the then current price for the grade actually supplied.

The Seller is not liable for demurrage or loss or damage of whatsoever nature and however caused, including the negligence of the Seller and/or the Supplier or their servants and agents, incurred by the Buyer or any third party, due to or resulting from (but not limited to) delays in availability of bunkering berths, barges, road tankers, weather or late delivery of fuels.

The Seller may assign all or any of its rights and obligations hereunder.

The Buyer shall not be entitled to cede or assign any of its rights and obligations hereunder.

No waiver or amendment by either party of any provisions of the contract shall be binding unless made expressly and reduced to writing.  Further, any such waiver or amendment shall relate only to such matter, non-compliance or breach as it expressly relates to and shall not apply to any subsequent or other matter, non-compliance or breach.  Any agreement to waive or amend any provision of these General Terms and Conditions shall only be capable of being concluded with an executive member of the Seller.

The Buyer indemnifies and holds the Seller harmless from any and all expense, claim, loss, damage or liability arising out of the Buyer's receipt, use, storage and transportation of Marine Fuel delivered hereunder, unless due entirely to the Seller's gross negligence.  The Buyer indemnifies the Seller and/or the Supplier against all damage and liabilities arising from any acts or omissions of the Buyer or its servants, agents, sub-contractors, ship's officers or crews in connection with the delivery of Marine Fuel.

Neither the Seller nor the Supplier shall be responsible for any failure to fulfil their respective obligations hereunder if fulfilment has been delayed, hindered, interfered with, curtailed or prevented by:

any circumstances whatsoever which are not within the direct control of the Seller and/or the Supplier including but not limited to govern¬mental intervention, wars, civil commotion, fire, flood, storm or any Act of God; and/or

any shortage, curtailment, failure or cessation of supplies of Marine Fuels or the petroleum from which such Marine Fuels are derived or of any of the Seller's or Supplier's sources of supply; and/or

compliance with any order, demand or request of any international, national, port, transportation, local or other authority or agency or of any body or person purporting to be or to act for such authority or agency; and/or

any strike, lock-out, stayaway, go-slow or labour dispute, whether or not the Seller or the Supplier, as the case may be, is a party thereto or would be able to influence or procure the settlement thereof, and whether or not alternative labour is provided or could have been provided, or the cause is only partial.

Notwithstanding 10.1 above, claims regarding quantity of Marine Fuel supplied shall only be considered if made to the Seller and noted on the delivery receipt or by letter delivered to the Seller on completion of the delivery and before departure of the vessel from the port/alongside.  In the event of the delivery of an incorrect quantity of Marine Fuel where the Buyer gives due notice to the Seller in terms of this clause, the Buyer's only claim shall in all instances be limited to an appropriate adjustment of the purchase price based upon the actual amount of Marine Fuel delivered.

If a delivery of Marine Fuel is contracted for by the Buyer on behalf of a principal or principals, disclosed or undisclosed, or by the Buyer on behalf of itself and as agent on behalf of another principal or principals, disclosed or undisclosed, the Buyer shall in any event be jointly and severally liable as co-principal debtor with such principal or principals, or other principal or principals, as the case may be, for the due and proper performance of the contract.

Marine Fuels are delivered not only on the credit of the Buyer but also on credit of the vessel receiving the Marine Fuels.  The Buyer warrants that the Seller will have and may assert a lien against the receiving vessel for the amount of the purchase price of Marine Fuels supplied to such vessel.

Except as may be expressly provided in a written contract between the Buyer and the Seller, the Seller shall not be liable for consequential, indirect or special losses or special damages of any kind arising out of or in any way connected with the performance of or failure to perform any obligation due to the Buyer in terms of these conditions or otherwise.

Payment in respect of any supply of Marine Fuel will be due and payable immediately on delivery.  Any overdue payments shall bear interest at the rate of twenty (20%) percent per annum calculated daily from the due date for payment until payment is received, inclusive.  Payments shall be made in full, without deduction, by telegraphic transfer, quoting the Seller's invoice number, to the Seller's nominated bank account, nett of any charges.  Any indulgence granted shall be without prejudice to the Seller's rights at any time to take any action deemed necessary for recovery of the amounts due to the Seller.  Any communications (including without limitation invoices) by either party to the other shall, unless otherwise provided herein, be sufficiently made if sent by telex, facsimile transmission, post or telegraph to the address of the other party.

If the buyer has not paid by the due date any amount due to the Seller in respect of any other delivery of Marine Fuel by the Seller to the Buyer the Seller, in addition to and without prejudice to any other rights it may have, shall be entitled:

12.2.1

if the delivery hereunder has been made and not withstanding the applicable credit period, to notify the Buyer that the amount due in respect of the delivery hereunder is immediately due and payable; and

if the delivery hereunder has not been made, to notify the Buyer of the termination, with immediate effect, of any contract for any delivery due by the Seller to the Buyer.

All disputes arising in respect of deliveries at a Port in the Republic of South Africa (other than the payment by a Buyer of the purchase price in respect of any Marine Fuel) shall, at the discretion of the Seller, be adjudicated upon by arbitration which shall be held in Durban, Republic of South Africa, in terms of the arbitration provisions set out in the South African Arbitration Act (as amended) and South African Law shall apply.

All disputes arising in respect of deliveries at any non-South African Port (other than in respect of the payment of the purchase price aforesaid) shall, at the discretion of the Seller, be adjudicated upon by arbitration held in London according to the English Arbitration Act (as amended) and English Law shall apply.

For purposes of the recovery of the purchase price in respect of any Marine Fuel purchased in terms hereof or in any other instance where the Seller elects not to proceed by way of arbitration in respect of any dispute, in terms of 13.1 and 13.2, the Buyer submits to the jurisdiction of the Durban and Coast Local Division of the Supreme Court of South Africa but the Seller may seek appropriate relief in any other competent jurisdiction of his choice.

In the event of the Seller electing to institute action in any competent Court the Seller shall, in addition to any other amounts it may recover from the Buyer, be entitled to recover its legal costs incurred on an attorney and own client basis, from the Buyer.