Credit to the Vessel. 3.1 Bunker delivered hereunder is sold and delivered on the financial credit of the Vessel, as well as on the promise of the Buyer to pay. Buyer agrees and warrants that Seller shall have the right to assert a maritime lien, attachment or claim against the Vessel to which Bunker is delivered for the purchase price, any extra charges incurred in accordance herewith, any taxes billed on the delivery of Bunker or otherwise, any interest due thereon including on overdue payments and all associated recovery costs should Buyer fail to pay for Bunker on time. Such remedy shall be in addition to, and not in limitation of, any other remedies available to Seller whether under law, contract or equity.
3.2 Buyer shall provide the full contact details of owners, managers and the Master of the Vessel (the “Vessel Interests”), to which Bunkers are to be supplied before the issuance of a Confirmation Agreement and/or Nomination by Seller. Buyer authorizes Seller to contact Vessel Interests at Seller’s sole option, in advance of delivery of Bunkers to put the Vessel on notice that the sale and delivery is made on the basis of the financial credit of the Vessel as well as Buyer and on the terms and conditions of the Contract and these Conditions. Even if Seller fails to contact the Vessel Interests, Seller’s rights shall not be limited. Should the Vessel Interests give notice to Seller that financial credit of the Vessel is denied before delivery of Marine Fuels to the Vessel is made, no credit can be granted to Buyer and the Marine Fuels shall be paid for in cash or equivalent by buyer prior to delivery.
3.3 Any notice by Buyer that a maritime lien on the Vessel may not be created because of the existence in Buyer’s charter party of a Prohibition Of Lien clause or similar clause, or for any other reason, must be given to Seller in the initial order for Bunkers (hereinafter defined as the Nomination). In the event Buyer provides notice of such restriction, no credit can be granted to Buyer and the Bunkers shall be paid for in cash or equivalent prior to delivery. Any notice of such restriction given by Buyer, its agents, Vessel Interest, the Vessel’s personnel or other person later than in the Confirmation Agreement and/or Nomination shall not modify the terms of sale except that any granting of credit by Seller is rescinded on receipt of the notice, with full payment due forthwith from Buyer.
Credit to the Vessel. 3.1. Xxxxxx delivered hereunder is sold and delivered on the financial credit of the Vessel, as well as on the promise of the Buyer to pay. Xxxxx agrees and warrants that Seller shall have the right to assert a maritime lien, attachment or claim against the Vessel to which Xxxxxx is delivered for the purchase price, any extra charges incurred in accordance herewith, any taxes billed on the delivery of Bunker or otherwise, any interest due thereon including on overdue payments and all associated recovery costs should Buyer fail to pay for Bunker on time.
3.2. Any notice by Buyer that a maritime lien on the Vessel may not be created because of the existence in Buyer’s charter party of a Prohibition Of Lien clause or similar clause, or for any other reason, must be given to Seller in the initial order for Bunkers (hereinafter defined as the Nomination). In the event Buyer provides notice of such restriction, no credit can be granted to Buyer and the Bunkers shall be paid for in cash or equivalent prior to delivery. Any notice of such restriction given by Buyer, its agents, Vessel Interest, the Vessel’s personnel or other person later than in the Confirmation Agreement and/or Nomination shall not modify the terms of sale except that any granting of credit by Seller is rescinded on receipt of the notice, with full payment due forthwith from Buyer.
