1. General Terms
This contract is made subject to our General Terms and Conditions of Sale (“General Terms”) in force at the date hereof. A copy of the General Terms can be read and downloaded by visiting:
👉 https://www.brotherdenizcilik.com.tr/terms
By acknowledging your agreement to this transaction, you confirm and represent that you have read and accepted the General Terms.
2. Quantity and Quality Control
Vessel representatives must ensure the quantity and quality of the product is measured and verified before and after delivery.
The Buyer waives any claim unless submitted in writing within seven (7) days of delivery.
3. Vessel Delay / Cancellation
If the vessel is delayed more than 24 hours, the Seller has the right to cancel the agreement.
If the product has already been loaded onto a barge, all cancellation costs, barge fees, and additional charges shall be the responsibility of the Buyer.
4. Late Arrival – Price Adjustment
If the vessel arrives after the agreed ETA window, the Seller may revise prices in accordance with current market conditions.
5. BDR (Bunker Delivery Receipt)
The Buyer agrees not to insert any endorsement, clause, or comment (e.g. “No-Lien”) on the BDR.
Any such insertions will be invalid and of no legal effect.
6. Late Payment
The Buyer agrees to pay 7% monthly interest on any overdue payment.
7. Waiting Time Charges
For any delay or waiting time exceeding 2 hours, due to the Buyer, vessel, agent, or port, a charge of USD 50 per hour will apply.
8. Anti No-Lien Clause
Any statement attempting to negate the Seller’s maritime lien (e.g. “No-Lien” endorsements) shall be null, void, and unenforceable.
The Seller retains full lien rights on the receiving vessel until full payment is received.
9. Prepayment Requirement for No-Lien
If the Buyer submits any document containing a No-Lien clause or similar restriction, the Seller may require full prepayment at least 3 days before delivery or within 5 hours of notice, whichever comes first.
10. Risk Transfer
Risk and responsibility for the Product transfer to the Buyer once the product passes the flange connection between the barge and the vessel.
11. Force Majeure
Neither party shall be liable for any delay or failure caused by force majeure events, including but not limited to: war, strikes, severe weather, governmental actions, port restrictions, or pandemic-related disruptions. Seller may cancel or postpone delivery without liability in such cases.
12. Governing Law and Jurisdiction
This agreement shall be governed by the laws of Turkey, with disputes subject to arbitration under ISTAC rules, conducted in English in Istanbul.