These conditions set out the rights and duties of both ship suppliers and those purchasing from ship suppliers, and are formulated by the SINGAPORE ASSOCIATION OF SHIP SUPPLIERS & SERVICES.
Definitions
“Vendor” shall mean the SASS member contracting to supply Goods or Services;
“Purchaser” shall mean the person placing an order in respect of Goods or Services and where such person acts as agent of or otherwise for a third party (“the Principal”), such person and the Principal and the Vessel to which Goods or Services are provided shall jointly and severally be the Purchaser;
“Goods” shall mean any and all items ordered by the Purchaser and/or supplied by the Vendor for use on board a Vessel or an offshore oil rig or similar, or incidental to the operation of the aforesaid;
“Services” shall mean any and all services ordered by the Purchaser and/or supplied by the Vendor to a Vessel or an offshore oil rig or similar, or incidental to the operation of the aforesaid;
“Vessel” shall mean the vessel or vessels or an offshore oil rig or rigs or similar to which Goods or Services are supplied or intended to be supplied by the Vendor. The Purchaser will declare the name of the Vessel to the Vendor.
“Contract” shall mean any agreement between a Vendor and a Purchaser pursuant to which Goods or Services are supplied or are intended to be supplied to a Vessel or for use on board a Vessel;
General
Unless otherwise expressly agreed in writing the following conditions shall apply to all contracts, orders and deliveries. Any conflicting purchasing conditions (or similar) of the Purchaser shall be deemed to have been rejected by the Vendor unless expressly accepted in writing.
Orders and Deliveries
2a The Purchaser shall communicate as soon as reasonably practicable to the Vendor his order or orders.
2b. Provided the prevailing circumstances reasonably permit, the Vendor shall supply and deliver to the Purchaser or to its order or to the Vessel the Goods or Services as ordered at the time and place stipulated by the Purchaser insofar as the Vendor has agreed to do so and such Goods or Services are available at the agreed port or port-area.
3a. The Vendor’s responsibility for transport of the Goods shall end at the nearest point to the Vessel that the delivery vehicle(s) may, with the necessary authority, reach (“the Point of Delivery”).The cost of transportation of Goods to the Point of Delivery shall be agreed in advance or otherwise charged at cost to the Purchaser.
3b. Should the Vendor expressly agree to transport/handle the Goods beyond the Point of Delivery as defined in Condition 3a the costs of such additional delivery/handling shall be agreed in advance.
3c. If delivery is requested outside the normal hours of the agreed port or port-area or on Saturdays, Sundays or religious or national or legal holidays, expenses incidental to such delivery shall be payable by the Purchaser as additional costs. Transport Costs shall be invoiced and payable by the Purchaser.
3d. The Goods shall be deemed delivered on the arrival of the Goods at the stipulated time at the Point of Delivery. The responsibility, cost and risk of unloading the delivery vehicle(s) and delivering on board are for account of the Purchaser. Risk in the Goods (but not property therein) shall, in all respects, pass to the Purchaser upon delivery at the Point of Delivery.
3e. The Purchaser shall pay to the Vendor any costs or expenses incidental to any waiting period beyond a reasonable time.
3f. All orders and receipt notes will be signed by the master or his authorised representative or authorized agent.
3g. Where the Vendor is requested to deliver Goods other than to the Vessel responsibility rests with the Purchaser to ensure that the person responsible for accepting delivery gives a full and proper receipt for the Goods delivered. Signed receipt by that party shall constitute acceptance of delivery by and to the Purchaser.
Prices
4a. Subject to the following provisions of this Condition 4, in respect of the Goods or Services supplied by the Vendor, the Vendor shall charge to the Purchaser the prices current at the relative port or port-area at the time of delivery.
4b. Where requested to do so the Vendor shall submit a quotation to the Purchaser. Where the Purchaser accepts that quotation, the Vendor shall charge the Purchaser the sum quoted, subject to any necessary adjustment for reasonable variations in the quantities actually delivered.
4c. Where the Purchaser seeks to place an order for only some of the items for which Vendor has quoted, the Vendor shall be at liberty to decline the request to supply.
4d. The Vendor may, if requested by the Purchaser, send to the Purchaser a list stating the prices of Goods and the period for which such prices are to apply. If such a list has expired and not been renewed, Condition 4a shall apply. Goods which cannot be offered at a price fixed in advance shall be clearly so marked on any such list and in this case Condition 4a shall apply.
4e. Where the Vendor gives the benefit of a quantified discount (whether in percentage terms, in a stated sum or otherwise) then the Purchaser’s entitlement to such discount is strictly conditional upon full payment of the Vendor’s invoice within the agreed payment period. Where full payment is not made within the agreed period the Vendors invoices shall be deemed to be adjusted to exclude any such discount.
Quality and Ranking
5. The Goods shall be of standard or prime quality as rated at the time and place of delivery. The Goods shall be supplied in the packing customary at the time and place of delivery. At the time of placing his order, the Purchaser shall inform the Vendor of any special packing requirements in view of the destination of the Vessel and/or Goods. Any additional expenditure incurred in complying with such requirements shall be chargeable to and payable by the Purchaser.
6a. Returnable packing material and containers supplied by the Vendor shall be clearly marked as such on the receipt-note and shall be returned by the Purchaser to the Vendor as soon as reasonably practicable.
6b. Returnable packing material and containers shall be charged separately at the prices current at the time and place of delivery. The amounts so charged shall be refunded by the Vendor to the Purchaser, provided such packing material and containers are returned undamaged within a reasonable period.