Holds Survey

The Surveyor will inspect condition of the holds upon vessel’s arrival at the loading port. Before loading,
the vessel’s holds should be cleaned, and dried and free-smell to the Surveyor’s satisfaction. In the event
of the Surveyor determining that the holds are not sufficiently cleaned, and dried and free of smell, the
Seller will inform the Buyer immediately and Buyer will undertake to remedy the situation so as to
ensure that vessel’s holds are duly cleaned and dried. Moreover, Surveyor shall also anticipate and
check whether or not there will be a potential problem within the vessel.

Loading Terms and Conditions

Notice of estimated time of arrival (hereinafter referred to as “ETA”) shall be given by the Buyer by
telex, fax, email or any other means at 5/4/3/2/1 days before vessels expected time of arrival at the
loading port. Seller shall notice Super holiday to buyer in advance 30 days before first day of laycan.

At Loading port, vessel’s NOR (Notice of Readiness) to load shall be tendered by radio cable, fax or email
to the receivers of their agent ATDNSHINC WWWW and laytime will start 12 hours, excluding only for
the time from quarantine inspection commencement/ Pho on-board till free pratique granted. Time
used in moving from the place of waiting to the loading berth shall not count as laytime. Opening and
closing of hatches to remain for ship owners time and expenses.

NOR at load and discharge ports will be ATDNSHINC and laytime to commence 12 hours TT.

Once on demurrage always in demurrage to apply bends

Laytime non-reversible between load port and discharge port

Laytime non-reversible between two or more discharge port(s) if any.

Laytime to cease to count upon completion of loading/discharging.

Demurrage and despatch would also be calculated separately.

Master to reject any cargo which may prevent issuance of clean mate receipts/bills of lading and must
immediately put supplier on notice and inform agents/charterers and request shippers to replace
unclean cargo with sound cargo at supplier’s/shipper’s time and expense.

In case of strong wind (causing loading/discharging operation), swell, rain, snow or any other weather
event making it impossible to load and/or discharge, the laytime shall not count. These periods will be
included in the statement of facts and/or in any other official documents.

Hold Cleaning

In the event master/owners ship failed 3 rd party surveyor hold inspection, master/owners ship to vacant
the berth immediately to outer anchorage for cleaning etc. Master/Ship will lose the berthing priority
immediately and ship to wait regular turn for next vacant berth. All waiting time, cost, liabilities due to
owners/master failure to provide clean holds will be on owners account. Laytime to start count upon
commencement of loading.
Lashing, Securing and Dunnaging

Lashing, Securing and dunnaging materials to be for supplier’s/shipper’s account and arrangement,
dunnaging for the structures of the hold walls together with additional dunnaging needed to lay on the
tank top are for supplier’s account and arrangement. Supplier/shipper will ensure that storage of cargo
is secure enough that there is no escape from the behavior of the seas and the wind once they show
their rage.

Loading rate:

Demurrage/Dispatch

Demurrage / Dispatch amount shall be calculated and settled according to NOR, Timesheet and
Statement of Fact duly signed by the master of Vessel, Agent and the Seller at the port of shipment. The
Supplier/ Seller/ Shipper shall submit laytime calculation to the Buyer, within 30 days after completion
of loading. Within 10 days after the receipt, the Supplier/ Seller/ Shipper shall provide the Buyer with its
approval or comments, if any.

In the event of cargo operations/berthing and / or unberthing due to insufficient / incomplete

im-/export or cargo documentation or if supplier / seller unable to deliver cargo alongside vessel and /
or if the buyer unable to accept cargo delivery on whatsoever reason, supplier / seller to pay detention
at USD ___________ per day prorate for all time lost therefrom. All cargoes to be in port and ready for
loading upon vessel’s arrival. In case vessel cannot berth and clear for custom once arrived in
destination port which is due to super holiday period, this shall not count as detention.

Stevedore Damage

Any stevedore damage to the vessel caused by stevedore’s operations at port of loading shall be settled
directly between Ship owner and Stevedore as much as possible and whenever possible. Master shall
notify Seller or their agents in writing of such damage within 48 hours after occurrence. Seller shall assist
Buyer/Shipowner in obtaining compensation within thirty (30) days of presentation of claim for the
direct and indirect proven costs of repair of any damages to any part of the vessel at the port of loading
caused by Stevedore hired by Seller.

However, Seller will remain ultimately responsible for any Stevedore damage and settle directly with
Buyer, if Stevedore fails to settle with Ship owner or their Agents.

Risks and Title

Title to and ownership of the Risk of loss and/or damage to the Commodity shall pass from the Shipper
to Seller as the commodity progressively passes the vessel’s rail at the loading port.

Hardship
 In case of material change in the present or future export or import duties, taxes, changes or fees
imposed by any governmental authority or agency, or in case of abnormal and extreme unforeseeable
changes in the present economic conditions, involving extreme economic harm to either party to fulfill
the terms and conditions of this contract, the party affected shall have the right to request renegotiating
of the contract in order to neutralize any drawback caused by the new economic situation on an
equitable basis to ensure that neither party suffers excessive prejudice.

Force Majeure Clause

Subject to the terms of this clause, neither supplier nor buyer shall be liable to the other for loss,
damage or delay or failure in their performance caused by a force majeure event as hereinafter defined.
While such force majeure events are in operation the obligation of the party claiming force majeure to
perform this contract (other than accrued obligation to pay monies accrued before the occurrence of
the force majeure event) shall be suspended.

Following the end of the force majeure event, the parties shall consult in good faith to make such
adjustments as may be appropriate to the shipment schedule under this contract.

Force majeure event is an event or state of affairs which meets all the following criteria:
1. It is outside the immediate control of the party giving the force majeure notice;
2. It prevents the loading of the cargo at the loading port and/or the discharge of the cargo at the
discharging port;
3. It is caused by one or more of acts of God, extreme weather conditions, war, lockout, strikes or
other labor disturbances, explosions, fire invasion, insurrection, blockade, embargo, riot, flood,
earthquake, including all accidents to piers, ship loaders, and/or mills, factories, barge or
machinery, railway and canal stoppage by ice or frost, any rules or regulations of governments
or any interference or acts or directions of governments, the restraint of princes, restrictions on
monetary transfers and exchange;
4. An exemption to Force Majeure is the global epidemic, COVID 19. Such pandemic shall not prevent both
parties from their obligations

A party wishing to claim force majeure in respect of a force majeure event must give the other party a
force majeure notice within 48 hours (Saturdays, Sundays and Holidays excepted) of becoming aware of
the force majeure event. Such force majeure notice shall be a notice in writing in which:
1. Sets out or attaches details of the force majeure event, and
2. States that the party giving the force majeure notice wishes to claim force majeure in respect of
such force majeure event.

A party which fails to give a force majeure notice upon the occurrence of a force majeure event in
accordance with the above clause, shall not be permitted to claim force majeure in respect of such force
majeure event.

Without prejudice to the generality of this force majeure clause, time lost while waiting for berth at or
off the loading port or discharge port and/or time lost while at berth at the loading port or discharge
port by reason of a force majeure event or one or more of the port authority imposing restrictions in
relation to safe navigation in the port, the restraint of princes, strikes, riots, lockouts of men, accidents,
vessel being inoperative or rendered inoperative due to the terms and conditions of employments of the
officers and crew, shall not count as laytime or time on demurrage.

Parties shall use their best efforts to mitigate the effects and damages of the force majeure event and to
cooperate best possible.

Successors and Assigns

This Contract shall be binding upon the Parties hereto and their respective successors and assigns.
Notwithstanding, neither Party may assign its interests, rights or obligations under this Contract without
the prior written consent of the other Party.

Confidentiality

All information contained or related to this Contract, or obtained in performing this Contract shall be
kept strictly confidential and shall not be divulged by the Seller or the Buyer / receiver to any third party.

Both parties agree to such confidentiality. Disclosure of Confidential Information shallbe held liable
under the governing law, RA 10173, otherwise known as the Data Privacy Act of 2012, for breach of this
Agreement.

Additional Condition

Any extension or amendments shall be mutually agreed and make Appendix(es) in writing duly
confirmed by signature of the two parties which are the integral part of this contract. This contract
signed by e-mail or fax will have the same effectiveness as the hard copy.