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. Tuzla Customs Requirements
Shipyard supplies (especially in the Tuzla region) are always subject to final customs approval.
The Seller reserves the right to adjust quantity and/or cancel the supply if the customs authority does not confirm the supply on time.
As per Tuzla Customs Office regulations (effective June 2024), all pre-supply documents must be delivered as wet-signed physical copies to the customs house by the supplier.
Therefore, shipowners are strongly advised to instruct their agents to expedite formalities in close coordination with the supplier.
The Seller shall hold the Buyer fully responsible for any delays caused by the agent’s failure to complete customs procedures on time on behalf of the supplying vessel.
3. Quantity and Quality Check
Vessel representatives must measure and control both quantity and quality of the product before and after delivery.
The Buyer waives any claim related to the quantity or quality of the Products unless a written claim is submitted to the Seller within seven (7) days from the date of delivery.
4. Vessel Delay / Cancellation
If the vessel is delayed more than 24 hours, the Seller shall have the right to cancel the agreement.
If the product has already been loaded on a truck, all cancellation fees, truck expenses, and extras will be charged to the Buyer.
5. Late Arrival – Price Revision
If the vessel arrives later than the agreed delivery window, the Seller reserves the right to adjust prices based on current market conditions.
6. Waiting Time Charges
If there is a delay/waiting time of more than 2 hours due to the Buyer, vessel, agent, shipyard, or port, a fee of USD 50 per hour per truck will be charged.
7. Access & Permits
The Buyer is responsible for ensuring port/shipyard access and necessary permits are obtained.
If entry is not permitted, cancellation and extra costs will be billed to the Buyer.
8. BDR (Bunker Delivery Receipt)
The Buyer shall not insert any remark (including but not limited to “No-Lien”) on the BDR.
Any such insertion shall be considered invalid and of no legal effect.
9. Late Payment
7% interest per month shall be applied to any delayed payments.
10. Risk Transfer
Risk and responsibility shall transfer to the Buyer at the moment the product passes the delivery flange between the hose and vessel’s intake.
11. Anti No-Lien Clause
Any “No-Lien” clause, stamp, or reference on any document shall be null, void, and without legal effect.
The Seller retains its right to impose a maritime lien on the Vessel for the unpaid amount.
12. Prepayment Trigger for No-Lien Use
If any document includes No-Lien language, the Seller may demand full prepayment within 5 hours of notification, or at least 3 days prior to delivery.
13. Force Majeure
Neither party shall be held liable for delays or failures in performance caused by circumstances beyond their control, including but not limited to: acts of God, strikes, port closures, war, or government restrictions. The Seller may cancel or reschedule the delivery accordingly.
14. Governing Law and Jurisdiction
This contract shall be governed by the laws of Turkey, and any dispute shall be resolved under the arbitration rules of ISTAC (Istanbul Arbitration Center) in English.