Common use of Delivery/Pick up Clause in Contracts

Delivery/Pick up. Where Goods are required to be delivered into a Customer’s vessel: a. Where such option is available at the Delivery Port, deliveries hereunder shall be made in accordance with instructions given by the Customer or its accredited representative or the Master of the vessel if agreed before commencement of delivery by Viva Energy. b. Delivery will be made during Viva Energy’s normal working hours unless required at other times and permitted by port regulations, in which event the Customer must (if required by Viva Energy) reimburse Viva Energy for all additional expenses incurred by Viva Energy. c. The vessel will be bunkered as promptly as circumstances permit, but Viva Energy shall not be liable for any loss, expense, damage, delay or demurrage whatsoever which may be suffered by the Customer as a result of any delay arising from congestion affecting Viva Energy’s facilities, howsoever caused. d. Viva Energy shall not be required to deliver into any of the vessel’s tanks Goods for the export of which a Government permit is required and has not been obtained by the Customer or the Customer’s accredited representative. e. For delivery into vessels, unless otherwise agreed the Customer shall not be entitled to receive Goods other than into tanks usually used as the fuel/lubricant bunkers of the vessel to which the delivery is to be made. f. The Customer acknowledges that it is the sole responsibility of the Customer or the Customer’s nominated representative to notify Viva Energy of any estimated time of arrival deviations associated with the delivery of the Goods. Any changes to the supply of Goods resulting from a deviation, which was not notified, will incur extra cost to the Customer, and the Customer shall indemnify Viva Energy for and against all costs incurred by Viva Energy as a result of the failure to notify Viva Energy of the deviation in the estimated time of arrival. g. For bulk Goods delivered by barge, the minimum receiving rates must be in accordance with Clause

Delivery/Pick up. Where Goods are required to be delivered into a Customer’s vessel: a. Where such option is available at the Delivery Port, deliveries hereunder shall be made in accordance with instructions given by the Customer or its accredited representative or the Master of the vessel if agreed before commencement of delivery by Viva Energy. b. Delivery will be made during Viva Energy’s normal working hours unless required at other times and permitted by port regulations, in which event the Customer must (if required by Viva Energy) reimburse Viva Energy for all additional expenses incurred by Viva Energy. c. The vessel will be bunkered as promptly as circumstances permit, but Viva Energy shall not be liable for any loss, expense, damage, delay or demurrage whatsoever which may be suffered by the Customer as a result of any delay arising from congestion affecting Viva Energy’s facilities, howsoever caused. d. Viva Energy shall not be required to deliver into any of the vessel’s tanks Goods for the export of which a Government permit is required and has not been obtained by the Customer or the Customer’s accredited representative. e. For delivery into vessels, unless otherwise agreed the Customer shall not be entitled to receive Goods other than into tanks usually used as the fuel/lubricant bunkers of the vessel to which the delivery is to be made. f. The Customer acknowledges that it is the sole responsibility of the Customer or the Customer’s nominated representative to notify Viva Energy of any estimated time of arrival deviations associated with the delivery of the Goods. Any changes to the supply of Goods resulting from a deviation, which was not notified, will incur extra cost to the Customer, and the Customer shall indemnify Viva Energy for and against all costs incurred by Viva Energy as a result of the failure to notify Viva Energy of the deviation in the estimated time of arrival. g. For bulk Goods delivered by barge, the minimum receiving rates rate must be greater than 100MT/hour (for Gas Oil) and greater than 350MT/hour (for Fuel Oil 380/180cst). Without limiting any other rights of Viva Energy under these terms and conditions or at law, where these minimum receiving rates are not met, Viva Energy may: (i) charge the Customer additional charges equivalent to the costs incurred by Viva Energy for the additional time taken in accordance with Clauseexcess of time taken based on the minimum receiving rates; and/or