The following expressions, where mentioned in these GTCS or in the Contract, shall have the meanings as shown below and unless the GTCS otherwise require, any words denoting the singular shall include the plural and vice-versa:
1. (a“Affiliate”meansacompany,partnership,orotherlegalentitywhichcontrols,iscontrolledby,orisundertheindirectownership
of fifty per cent (50%) or more of the issued share capital or any kind of voting rights in a company, partnership, or legal entity,
and “controls”, “controlled” and “under common control” shall be construed accordingly
2. (b “Agent” means the entity acting on behalf of the Buyer, or the Vessel and/or both.
3. (c “Arrival Notice” means the notice sent from the Buyer to the Seller that shall contain the following information which)
may be.
updated as: (necessary 1 (Call sign, 2 (Vessel’s Name, 3 (Owners, 4 (Flag, 5 ( Agents, 6 ( Length Overall, 7 (Gross tonnage, 8 ( Net
Tonnage, 9 (Deadweight, 10 (Ex-Names, 11 (Expected time of arrival, 12 (Lloyds Register Number, 13 (Requirements.
4. (d “Bunker Delivery Receipt or BDR” means a document issued by the Seller or the Seller’s agent at the point of delivery describing
the quantities and specification of the Marine Fuel delivered to a Vessel, whether or not signed on behalf of the Vessel.
5. (e “Buyer” means the entities or persons identified on the Order Confirmation who have contracted with the Seller to buy Products,
which shall include its assignees or successors, Managers (the entity that is operationally or technically or commercially managing the Vessel), Operators (the entity that may be commercially operating the Vessel), Trader (the entity that is buying the Products from the Buyer and selling such to the Owner/Managers/Operator), Owner (the owner of the vessel).
6. (f “Contract” means the Contract between the Seller and the Buyer which consists of these GTCS and the Order Confirmation that is issued by the Seller for each supply of Products.
7. (g “Designated Bank Account” means the bank account identified in the invoice related to the Contract as the account designated by the Seller for receipt of payment.
8. (h “Independent Surveyor” means an independent survey Company or a surveyor appointed from time to time by the Seller in its sole discretion or jointly appointed by the Seller and the Buyer, as the case may be.
9. (i “Lubricants or related products” means all Products supplied by the Seller which are not Marine Fuel
10. (j “Marine Fuel” means oil products supplied for use in a Vessel’s engines and generators;
11. (k “Order Confirmation” means a written confirmation issued by the Seller to the Buyer setting out the details of the supply of
Products including i.e. Supply Place, supply date, volume and grade of the Products and the agreed price.
12. (l “Price” means (i) the price stated in the Order Confirmation for the Products; and (ii) any applicable taxes, VAT or other duties
whether or not identified in the Order Confirmation; and (iii) any delivery costs including any charges for delivery outside normal
working hours at the Supply Place or for rescheduled delivery whether or not identified in the Order Confirmation;
13. (m “Products”meanstheMarineFuel,Lubricantsorrelatedproductstobedeliveredorthathavebeendelivered.
14. (n “Sanctions Laws” means the various export controls and economic sanctions regulations, including but not limited to, those
maintained by various European Governments and the EU, Switzerland, the US Government as enforced by the US Office of a Contract Foreign Assets Control, the US Department of State, and the US Department of Commerce, and various UN sanctions as implemented into local laws.
15. (o “Seller” means the entity that appears as the Seller in the Contract.
16. (p “Supply Place” means the location where the supply operation takes place or is intended to take place.
17. (q “Supply Equipment” or “SE” means the Seller’s or the physical supplier’s barges, tankers, trucks, pipes and pumps as the case
may be used to supply the Vessel.
18. (r “Vessel” means the Vessel to which the Products are being delivered to, or for which the Buyer has contracted to buy the Products.
