Common use of NOMINATION OF VESSEL Clause in Contracts

NOMINATION OF VESSEL. Buyer shall give written nomination of vessel to Seller with a minimum 10-day pre-advice. The vessel nomination shall comply with all the following requirements: (i) the minimum nominated quantity must be at least 500 metric tons; (ii) the nominated quantity must always be in multiples of 500 metric tons; (iii) nomination shall state vessel’s ETA date, IMO number, flag, age, ownership, and detention rate (if clause 11.1 is opted) or demurrage rates (if clause 11.2 is opted). Seller has the right to reject nomination of a vessel whenever any or all the requirements and/or information above are not fulfilled (except for Short Shipped Quantities as defined herein, and contracts for total quantity of less than 500mt). Such rejection shall be notified to the Buyer without delay. The Seller shall not be obliged to commence loading before the Loading Obligation Date. The Loading Obligation Date shall be at 8:00am on the 11th day after the vessel nomination date or the first day of the Delivery Period, whichever is later, even if loading actually commences earlier. Within at least 5 days prior to berthing of vessel at loading port, Xxxxx shall declare the vessel’s destination. If last ETA date reported by Master or NOR, as the case may be, exceeds 10 days from ETA date informed at Nomination, the original Loading Obligation date shall, only one time, be extended by 10 days. 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Nomination of vessel is irrevocable unless (i) Buyer can prove that vessel is unable to proceed to loading port due to an event out of Buyer’s control, in which case a new vessel shall be nominated in accordance with this Contract or (ii) Seller agrees to the substitution or (iii) all the following conditions are fulfilled: A. The Buyer must give written notice of the substitution of the vessel to Seller. Such substitution shall fulfil all of the conditions for a vessel nomination and include all of the information required. B. The ETA date of the substituting vessel must be no more than 5 days earlier or 5 days later than the last ETA date reported by Master of the substituted vessel. C. If conditions set out in A. and B. are fulfilled, the Loading Obligation Date will remain the same, provided that the substitution is received by the shipper of the goods at the latest 3 business days prior to the new vessel’s ETA date. D. Maximum of 2 substitutions are allowed under this contract. A third substitution is exceptionally allowed in case of Short Shipped Quantity. E. If the substitution concerns a Short Shipped Quantity, this condition shall apply. A Short Shipped Quantity means the difference between the quantity nominated to be loaded on a vessel under this contract and the quantity actually loaded. If the Buyer nominates a substitute vessel for a Short Shipped Quantity, the Loading Obligation Date of the Short Shipped Quantity will be the date agreed by the parties to the Contract or, failing specific arrangement, at 8:00am on the 16th day after the date of the substitution. The substitution of the Short Shipped Quantity shall be final and irrevocable and shall fulfil the following conditions failing which Seller can reject: (i) The substitution shall fulfil all the conditions set out in A. and B.; (ii) The substitution must be received by the shipper of the goods at the latest 3 business days prior to the new vessel’s ETA date; and (iii) The substitution must be sent following the original string, which must be mentioned in the substitution. In the event that any of the conditions for a substitution are not fulfilled, the Seller shall have the right to reject the substitution without delay. If, however, the Seller does not reject the substitution, the substitution shall be allowed but Seller has the right to consider it as a new vessel nomination and start counting a new Loading Obligation Date.

Appears in 2 contracts

Samples: f.o.b. Contract, f.o.b. Contract for Parcels

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NOMINATION OF VESSEL. Buyer shall give written nomination of vessel to Seller with a minimum 1015-day pre-advice. The vessel nomination shall comply with all the following requirements: (i) the minimum nominated quantity must be at least 500 metric tons; (ii) the nominated quantity must always be in multiples of 500 metric tons; (iii) nomination shall state vessel’s ETA dateDate, nominated quantity, IMO number, flag, age, ownership, and detention rate (if clause 11.1 is opted) or despatch/demurrage rates (if clause 11.2 is opted). Seller has the right to reject nomination of a vessel whenever any or all the requirements and/or information above are not fulfilled (except for Short Shipped Quantities as defined herein, and contracts for total quantity of less than 500mt)fulfilled. Such rejection shall be notified to the Buyer without delay. The Seller shall not be obliged to commence loading before the Loading Obligation Date. The Loading Obligation Date shall be at 8:00am on the 11th 16th day after the vessel nomination date or the first day of the Delivery Period, whichever is later, even if loading actually commences earlier. Within at least 5 days prior to berthing of vessel at loading port, Xxxxx Buyer shall declare inform the vessel’s destination. If last ETA date reported by Master or NOR, as the case may be, exceeds 10 days from ETA date informed at Nomination, the original Loading Obligation loading obligation date shall, only one time, be extended by 10 days. 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Nomination of vessel is irrevocable unless (i) Buyer can prove that vessel is unable to proceed to loading port due to an event out of Buyer’s control, in which case a new vessel shall be nominated in accordance with this Contract or (ii) Seller agrees to the substitution or (iii) all the following conditions are fulfilled: A. The Buyer must give written notice of the substitution of the vessel to Seller. Such substitution shall fulfil all of the conditions for a vessel nomination and include all of the information required. B. The ETA date of the substituting vessel must be no more than 5 days earlier or 5 days later than the last ETA date reported by Master of the substituted vessel. C. If conditions set out in A. and B. are fulfilled, the Loading Obligation Date will remain the same, provided that the substitution is received by the shipper of the goods at the latest 3 business days prior to the new vessel’s ETA date. D. Maximum of 2 substitutions are allowed under this contract. A third substitution is exceptionally allowed in case of Short Shipped Quantity. E. If the substitution concerns a Short Shipped Quantity, this condition shall apply. A Short Shipped Quantity means the difference between the quantity nominated to be loaded on a vessel under this contract and the quantity actually loaded. If the Buyer nominates a substitute vessel for a Short Shipped Quantity, the Loading Obligation Date of the Short Shipped Quantity will be the date agreed by the parties to the Contract or, failing specific arrangement, at 8:00am on the 16th day after the date of the substitution. The substitution of the Short Shipped Quantity shall be final and irrevocable and shall fulfil the following conditions failing which Seller can reject: (i) The substitution shall fulfil all the conditions set out in A. and B.; (ii) The substitution must be received by the shipper of the goods at the latest 3 business days prior to the new vessel’s ETA date; and (iii) The substitution must be sent following the original string, which must be mentioned in the substitution. In the event that any of the conditions for a substitution are not fulfilled, the Seller shall have the right to reject the substitution without delay. If, however, the Seller does not reject the substitution, the substitution shall be allowed but Seller has the right to consider it as a new vessel nomination and start counting a new Loading Obligation Date.

Appears in 1 contract

Samples: Fob Contract for Full Cargo

NOMINATION OF VESSEL. Buyer shall give written nomination of vessel to Seller with a minimum 1015-day pre-advice. The vessel nomination shall comply with all the following requirements: (i) the minimum nominated quantity must be at least 500 metric tons; (ii) the nominated quantity must always be in multiples of 500 metric tons; (iii) nomination shall state vessel’s ETA dateDate, nominated quantity, IMO number, flag, age, ownership, and detention rate (if clause 11.1 is opted) or despatch/demurrage rates (if clause 11.2 is opted). Seller has the right to reject nomination of a vessel whenever any or all the requirements and/or information above are not fulfilled (except for Short Shipped Quantities as defined herein, and contracts for total quantity of less than 500mt)fulfilled. Such rejection shall be notified to the Buyer without delay. The Seller shall not be obliged to commence loading before the Loading Obligation Date. The Loading Obligation Date shall be at 8:00am on the 11th 16th day after the vessel nomination date or the first day of the Delivery Period, whichever is later, even if loading actually commences earlier. Within at least 5 days prior to berthing of vessel at loading port, Xxxxx shall declare fumigation company acting on its behalf (if applicable) and the vessel’s destination. If last ETA date reported by Master or NOR, as the case may be, exceeds 10 days from ETA date informed at Nomination, the original Loading Obligation loading obligation date shall, only one time, be extended by 10 days. 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Nomination of vessel is irrevocable unless (i) Buyer can prove that vessel is unable to proceed to loading port due to an event out of Buyer’s control, in which case a new vessel shall be nominated in accordance with this Contract or (ii) Seller agrees to the substitution or (iii) all the following conditions are fulfilled: A. The Buyer must give written notice of the substitution of the vessel to Seller. Such substitution shall fulfil all of the conditions for a vessel nomination and include all of the information required. B. The ETA date of the substituting vessel must be no more than 5 days earlier or 5 days later than the last ETA date reported by Master of the substituted vessel.. 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 C. If conditions set out in A. and B. are fulfilled, the Loading Obligation Date will remain the same, provided that the substitution is received by the shipper of the goods at the latest 3 business days prior to the new vessel’s ETA date. D. Maximum of 2 substitutions are allowed under this contract. A third substitution is exceptionally allowed in case of Short Shipped Quantity. E. If the substitution concerns a Short Shipped Quantity, this condition shall apply. A Short Shipped Quantity means the difference between the quantity nominated to be loaded on a vessel under this contract and the quantity actually loaded. If the Buyer nominates a substitute vessel for a Short Shipped Quantity, the Loading Obligation Date of the Short Shipped Quantity will be the date agreed by the parties to the Contract or, failing specific arrangement, at 8:00am on the 16th day after the date of the substitution. The substitution of the Short Shipped Quantity shall be final and irrevocable and shall fulfil the following conditions failing which Seller can reject: (i) The substitution shall fulfil all the conditions set out in A. and B.; (ii) The substitution must be received by the shipper of the goods at the latest 3 business days prior to the new vessel’s ETA date; and (iii) The substitution must be sent following the original string, which must be mentioned in the substitution. In the event that any of the conditions for a substitution are not fulfilled, the Seller shall have the right to reject the substitution without delay. If, however, the Seller does not reject the substitution, the substitution shall be allowed but Seller has the right to consider it as a new vessel nomination and start counting a new Loading Obligation Date.

Appears in 1 contract

Samples: f.o.b. Contract for Full Cargo

NOMINATION OF VESSEL. Buyer shall give written nomination of vessel to Seller with a minimum 10-day pre-advice. The vessel nomination shall comply with all the following requirements: (i) the minimum nominated quantity must be at least 500 metric tons; (ii) the nominated quantity must always be in multiples of 500 metric tons; (iii) nomination shall state vessel’s ETA date, IMO number, flag, age, ownership, and detention rate (if clause 11.1 is opted) or demurrage rates (if clause 11.2 is opted). Seller has the right to reject nomination of a vessel whenever any or all the requirements and/or information above are not fulfilled (except for Short Shipped Quantities as defined herein, and contracts for total quantity of less than 500mt). Such rejection shall be notified to the Buyer without delay. The Seller shall not be obliged to commence loading before the Loading Obligation Date. The Loading Obligation Date shall be at 8:00am on the 11th day after the vessel nomination date or the first day of the Delivery Period, whichever is later, even if loading actually commences earlier. Within at least 5 days prior to berthing of vessel at loading port, Xxxxx shall declare the vessel’s destination. If last ETA date reported by Master or NOR, as the case may be, exceeds 10 days from ETA date informed at Nomination, the original Loading Obligation date shall, only one time, be extended by 10 days. 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Nomination of vessel is irrevocable unless (i) Buyer can prove that vessel is unable to proceed to loading port due to an event out of Buyer’s control, in which case a new vessel shall be nominated in accordance with this Contract or (ii) Seller agrees to the substitution or (iii) all the following conditions are fulfilled: A. The Buyer must give written notice of the substitution of the vessel to Seller. Such substitution shall fulfil all of the conditions for a vessel nomination and include all of the information required.. 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 B. The ETA date of the substituting vessel must be no more than 5 days earlier or 5 days later than the last ETA date reported by Master of the substituted vessel. C. If conditions set out in A. and B. are fulfilled, the Loading Obligation Date will remain the same, provided that the substitution is received by the shipper of the goods at the latest 3 business days prior to the new vessel’s ETA date. D. Maximum of 2 substitutions are allowed under this contract. A third substitution is exceptionally allowed in case of Short Shipped Quantity. E. If the substitution concerns a Short Shipped Quantity, this condition shall apply. A Short Shipped Quantity means the difference between the quantity nominated to be loaded on a vessel under this contract and the quantity actually loaded. If the Buyer nominates a substitute vessel for a Short Shipped Quantity, the Loading Obligation Date of the Short Shipped Quantity will be the date agreed by the parties to the Contract or, failing specific arrangement, at 8:00am on the 16th day after the date of the substitution. The substitution of the Short Shipped Quantity shall be final and irrevocable and shall fulfil the following conditions failing which Seller can reject: (i) The substitution shall fulfil all the conditions set out in A. and B.; (ii) The substitution must be received by the shipper of the goods at the latest 3 business days prior to the new vessel’s ETA date; and (iii) The substitution must be sent following the original string, which must be mentioned in the substitution. In the event that any of the conditions for a substitution are not fulfilled, the Seller shall have the right to reject the substitution without delay. If, however, the Seller does not reject the substitution, the substitution shall be allowed but Seller has the right to consider it as a new vessel nomination and start counting a new Loading Obligation Date.

Appears in 1 contract

Samples: f.o.b. Contract for Parcels

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NOMINATION OF VESSEL. Buyer shall give written nomination of vessel to Seller with a minimum 1015-day pre-advice. 133 134 The vessel nomination shall comply with all the following requirements: (i) the minimum nominated quantity must be at least 500 metric tons; (ii) the nominated quantity must always be in multiples of 500 metric tons; (iii) nomination shall state vessel’s ETA dateDate, nominated quantity, IMO number, flag, age, ownership, and detention 135 rate (if clause 11.1 is opted) or despatch/demurrage rates (if clause 11.2 is opted). 136 137 Seller has the right to reject nomination of a vessel whenever any or all the requirements and/or information above are 138 not fulfilled (except for Short Shipped Quantities as defined herein, and contracts for total quantity of less than 500mt)fulfilled. 139 Such rejection shall be notified to the Buyer without delay. 140 The Seller shall not be obliged to commence loading before the Loading Obligation Date. The Loading Obligation Date shall 141 be at 8:00am on the 11th 16th day after the vessel nomination date or the first day of the Delivery Period, whichever is later, 142 even if loading actually commences earlier. Within at least 143 144 No later than 5 days prior to berthing of vessel at loading port, Xxxxx Buyer shall declare inform the vessel’s destinationdestination(s). 145 146 If last ETA date reported by Master or NOR, as the case may be, exceeds 10 days from ETA date informed at Nomination, 147 the original Loading Obligation loading obligation date shall, only one time, be extended by 10 days. 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 148 149 Nomination of vessel is irrevocable unless (i) Buyer can prove that vessel is unable to proceed to loading port due to an 150 event out of Buyer’s control, in which case a new vessel shall be nominated in accordance with this Contract or (ii) Seller 151 agrees to the substitution or (iii) all the following conditions are fulfilled:: 152 153 A. The Buyer must give written notice of the substitution of the vessel to Seller. Such substitution shall fulfil all of the 154 conditions for a vessel nomination and include all of the information required. . 155 B. The ETA date of the substituting vessel must be no more than 5 days earlier or 5 days later than the last ETA date 156 reported by Master of the substituted vessel. . 157 C. If conditions set out in A. and B. are fulfilled, the Loading Obligation Date will remain the same, provided that the 158 substitution is received by the shipper of the goods at the latest no later than 3 business days prior to the new vessel’s ETA date. . 159 D. Maximum of 2 substitutions are allowed under this contract. A third substitution is exceptionally allowed in case of Short Shipped Quantity. E. If the substitution concerns a Short Shipped Quantity, this condition shall apply. A Short Shipped Quantity means the difference between the quantity nominated to be loaded on a vessel under this contract and the quantity actually loaded. If the Buyer nominates a substitute vessel for a Short Shipped Quantity, the Loading Obligation Date of the Short Shipped Quantity will be the date agreed by the parties to the Contract or, failing specific arrangement, at 8:00am on the 16th day after the date of the substitution. The substitution of the Short Shipped Quantity shall be final and irrevocable and shall fulfil the following conditions failing which Seller can reject: (i) The substitution shall fulfil all the conditions set out in A. and B.; (ii) The substitution must be received by the shipper of the goods at the latest 3 business days prior to the new vessel’s ETA date; and (iii) The substitution must be sent following the original string, which must be mentioned in the substitution. 160 161 In the event that any of the conditions for a substitution are not fulfilled, the Seller shall have the right to reject the 162 substitution without delay. If, however, the Seller does not reject the substitution, the substitution shall be allowed 163 but Seller has the right to consider it as a new vessel nomination and start counting a new Loading Obligation Date.. 164

Appears in 1 contract

Samples: f.o.b. Contract for Full Cargo

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