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Ocean Energy Sam (ID: 6039)
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OUR STORY OCEAN ENERGY is a privately owned and independent company founded in 1985 by experienced people coming from international shipping and oil companies. A company always acting as a P R I N C I P A L in all main world wide bunkering ports, importing products and contracting agreements with most reputable oil suppliers. A group expanding in other directions: cargo trading (petroleum products), chartering (any type of tankers), lubricants, ship chandler, cruise sector, agencies, tour operator and all services related to the marine industry. OCEAN ENERGY is a physical bunker supplier in FRANCE out of the Depots Petroliers de Fos , ARA Range, ITALY, SINGAPORE, and is specially strong in KOREA, RUSSIA, CHINA, CENTRAL AND SOUTH AMERICA and the US GULF. OCEAN ENERGY acts as a bunker trader WORLDWIDE, working with open credit with all the Majors and most independents and supplying first class SHIPOWNERS. Apart from most competitive bunkers, we are always ready to supply marine lubricants, major known brands, also world-wide, spot basis or under contract. We regularly supply under term contracts cruise vessels, ferry boats and others world-wide. Our offices are reachable 24 hours a day, Sundays and Holidays included. A FAMILY CONCERN OCEAN ENERGY S ON GOING EFFORTS FOR EXPANSION REFLECT A STRONG DESIRE FOR CONTINUITY IN EXCELLENCE AND COMPETITIVENESS. Ocean Energy was established in 1985 by Franca Lowen De Luca, a grandmother and mother of three who became an efficient oil-trader, daily involved in bunkering, after graduating from l Ecole des Hautes Etudes d Interpretariat of Geneva. Franca formed her own company after several years of experience as a bunker trader and cargo operator in Monaco Principality. In choosing a name for her company, Franca decided that Ocean reflected her desire to sail the seas and conquer the world; while Energy described her intention to provide a perfect bunker service full of energy with respect to service, quality and prices. Her daughter , Michaela Theux Lowen, joined the company in 1987, after graduating from the University of Washington in Seattle (B.A. with Honors) and New York University (N.Y.U.) in New York City (Master.A.) Her son Nicholas Andrew Lowen, moved by a strong desire to be an active part of the business, joined in 1994 , after completing his studies at the London Guildhall University with the Certificate in Commercial Operations of Shipping . Ocean Energy is fully managed by the Lowen family. It imports and buys oil products on the free market, is active in many ports of the world, and has expanded its interests to include the commercialization of agency service, cargo trading and chartering , ship chandlering and lubricants. As bunkering is one of the most important facets in managing vessels, ship-operators are fully entitled to assume that their vessels are bunkered according to their specific instructions and that they can be assured of the reliability of the service provided. Depending on the vessel s itinerary and the products required, Ocean Energy is able to suggest the most strategic ports regarding bunkerage. The company uses the best products available and the most reliable transportation means, and its experience and knowledge of the market and the fact that it moves over one million tonnes of bunkers every year guarantee the customer satisfaction and fulfilment of all possible expectations in all respects. As cargo traders the company s involvement in buying products and chartering vessels makes them fully aware of all types of difficulties (technical and others) one might encounter in a port, loading or discharging and while at sea. As physical bunker suppliers they deal daily with storage facilities, blending of products, ports and tax regulations, pipelines, barges and road tank wagon companies. Each bunker supply is tailor-made to the total satisfaction of the vessel while complying with the high level of professionalism required to work with the oil conglomerates of the world. In 1993, after the IBIA conference in Orlando, Franca opened an office in Miami, in adherence to American standards, headed by Despina Maria V Berrizbeitia, formerly employed in the trading section of the Monaco office. Shortly after, she opened an office in Piraeus, headed by a sea wolf close to the Lemos Brothers family and an ex-employee of Rethymnis & Kulukundis Co Ltd, London, Captain Johannis K Kanellopoulos. Ocean Energy s ongoing efforts for expansion reflect a strong desire for continuity in excellence and competitiveness , and in spite of casual rough seas and thunderstorms, e la barca va (Federico Fellini). ocean energy ltd GENERAL TERMS AND CONDITIONS OF SALE These terms and conditions are applicable to each and every sale ci marine fuel and or gas oil and or lubricants sold by OCEAN ENERGY LTD, Trust House 112, Bonadie Street, Kingstown, Saint Vincent (hereinafter "Seller') to ali parties purchasing the product (hereinafter "Buyer"). These terms and conditions shall override any other or different terms or conditions stipulated, incorporated or referred to by Buyer, whether in his purchase order or in any negotiation, unless otherwise agreed to in a subsequent writing. 1) DEFINITIONS Marine fuel is defined as a commerciai grade of bunker fuel oil and/or marine gas oil or their mixtures offered ai the time and placo ci delivery by Seller. 2) QUALITY AND QUANTITY DETERMINATIONS A) Buyer shall Nave the responsability for the selection and acceptance of marine fuels. The quality of each grade of marine fuel shall be the usual production quality of that grado being sold by Seller ai the time and piace of delivery. The Buyer shall have the responsability for any determination of compatibility of marine fuel purchased from OCEAN ENERGY with marine fuel already on board the vessel. B) The qualitiy and quantity of the marine fuel shall be determined by Seller's personnel, using Seller's equipment according to Seller's official methods, and in any case according to refi nery/deposit's tickets, the custom's certificate and the bunker receipt. Buyer may be present or represented when such quality determinations and quantity measurements are taken, but whether or not Buyer or Buyer's representative accepts or declines such invitation, Seller's determination ci quality and quantity shall prevail and be binding. C) ) Seller shall draw at least two representative sealed samples of each grade of marine fuel delivered. Buyer may attend or be represented during such sample taking in which event he shall counterslgn each sample and may retain one sealed and countersigned sample. The sealed samples shall be deemed conclusive and binding as to the quality of the delivered marine fuel. D) Seller or Sellers agent may inspect Buyers vessel in the event ci any complaint, whether at the request of Buyer or othenwise. Such inspection or any analysis made in connection therewith shall be made entirely without any obligation on behalf of Seller to consider or act upon any claim or complaint by Buyer or otherwise and shall be entirely without prejudice to Sellers position. E) If present at loading, Buyer or Buyer's representative shall fumisti to Seller's personnel such ship's data as available pertaining to the accuracy of the quantity and quality determfnations initially made (E.G. dryness certificate, ship's ullage before and after loading, fuel oils retained on board from tank washing or cleanage or for other reason, vessel experience factors and sample from the cargo tanks). F) Buyer waives ali claims against Seller with respect to any claimed shortage in quantity, unless Buyer or Buyer's representative shall give written notice both to the terminal operator and to the Seller at the time of loading. Seller shall also be notified in writing ci any claimed defect in the quality immediately after such alleged defect is discovered. Each ci the foregoing preliminary notlces shall be followed by a formai written notice of claim to Seller containing ali details necessary to allow evaluation of the claim. If Buyer fails to give any initial notice or if the formai written notice is not received by the Seller within fourteen (14) days after delivery of the marine fuel to vessel, any claim shall be conclusively deemed to have been waived. G) Claims, if any, are to be settled separately from payment of the invoice, which, in ali cases, has to be honored in full without delay. 3) VESSEL'S NOMINATION A) Buyer shall give Seller at least seven (7) days prior written notice ci the scheduled date of arrivai of his vessel specifying the nome of the vessel, vessel's agent, approximate date of arrivai, bunkering port, grade and quantity of marine fuel and Buyer's address for invoicing. B) Buyer shall ensure that either the master of a nominated vessel or vessel's agent gives not less than two (2) working days advance notice to the Seller's local office at each delivery port, which notice shall identify the Buyer and specify the piace where and the time when delivery is required. The master or the vessel's agent shall give immediate notice to Seller of any delays in time of arrivai. In case of failure to arrivo at the scheduled date, Seller will use his best efforts to reschedule Buyers vessel but shall not be responsible for any delays or for any damages resulting therefrom. C) If any nomination is given by an agent for a Buyer hereunder, then such agent shall be independently liable, as if it were the principal, for the performance of ali the obligations hereunder. Should the quantity requested locally exceed by ton percent (10 %) the nominateci quantity in any grado, Buyer shall give Seller fax/teiex authorization to supply such increased quantity. D) Seller does noi warrant nor shall be deemed to warrant the safety of any piace (s) or facility (ies) where Buyers vessel loads and assumes no liability in respect thereof, except for loss or damage demonstrably caused by his failure to exercise reasonable care. 4) PRICE A) Price will be that which has boen agreed between Buyer and Seller at the time of concluding the contract and confirmed in writing by Seller. B) Price excludes any locai government duties or taxes that may be levied. Such duties or taxes, if any, shali be paid in addition to stipulateci price. 5) DELIVERY A) Seller will do his best to bunker the vessels of the Buyer as promptly as possible, but shall bear no liability for any demurrage, detention or any other damage due to any delay beyond his force, including but not limited to delay caused by weather (whether usual or unusual), congestion ai the terminal or prior commitments of available barges or existing facilities, howsoevercaused. B) Buyer shall without charge immediately fumisti clear and safe berth alongside vessel's receiving lines and shali render ali other necessary assistance to the barge effecting delivery on 24 hours per day basis. C) Buyer shall make ali connections and disconnections between the delivery hose and vessel's intake pipe, or furnish steam, if necessary, and provide sufficient tankage equipment to receive promptly ali deliveries. D) Seller shall in no event be liable for any damage, demurrage, detention or delays resulting from causes beyond his contro! or avoidable by due care on the part ci the Buyer or his vessel. E) The delivery shall be made during norma! working hours unless required and available at other times (holidays, Saturdays and Sundays) and permitted by port regulations, in which event Buyer shalll reimburse Seller for any and ali additional expenses incurred in connection therewith, including overtime. F) All deliveries shall be deemed complete and title and risk of loss shall pass to Buyer when the marine fuel has passed the flange connecting the delivery facilities provided by Seller. Thereafter, Seller shall in no event be responsible nor liable for any loss or damage. G) Buyer shall indemnify Seller against any and ali damages and liabilities arising out of or resulting from any act(s) or omission(s) of Buyer, his servants, agents, vessel's officers or vessel's crew in connection with marine fuel delivery. Indemnification shall include ali costs, reasonable attorney's fees and other damages, including, but noi limited to, the cost of compelling Buyer to comply with these terms and conditions. H) li Buyer, his agents, servants, vessel's officers or vessel's crew cause any delay to Sellers facilities in effectuating deliveries ci fuel oils, Buyer shall pay demurrage to Seller at Sellers established rates and reimburse Seller for any and ali other expenses in connection therewith. 6) PAYMENT A) Buyer shall effect payment (without any deduction, discount or setoff whatsoever) in U.S. Dollars to Seller's account at a bank designated by Seller. Payment shall be deemed to have been effected on the date when full amount ci Seller's invoice is credited to Seller's account. Buyer may noi at any time or for any reason whatsoever assert a setoff or invoke any counterclaim or other right as a basis for withholding payment. B) When marine fuel is supplied on a credit basis, full payment shali be received by the due date specified in Sellers fax/telex invoice. If the established credit period expires on a Saturday, the Buyer shall arrange payment on a Friday, if the established credit expires on a Sunday or a holiday, the Buyer shall arrange for payment to be made on a Monday or on the immediatly following day when banks are open. Seller will in due course provide Buyer by ordinary mail with a commerciai invoice and a copy of the bunker receipt. C) Seller's fax/telex invoice shall be based on advice as to the quantity delivered and of other charges and surcharges if incurred and payment made pursuant to (A) above shall be subject to such subsequent adjustment as may be necessary on receipt by the Seller of further delivery details. D) If marine fuel is supplied on a credit basis and full payment is noi received by the due date as per Seller's invoice, Buycr shall immediately be in default. A service charge of 2 pct prorata rronth will be assessed on ali late payments and shall be payable as subsequently directed by Seller. This shall be in addition to arn; other remedies which Seller may take by reason of such default. E) If Buyer is in default of full payment, il his financial condition in the Sellers opinion becomes impaired, or if proceedings in bankruptcy or insolvency are institutad by and or against Buyer, or in the case of liquidation or dissolution of Buyer, any and ali postponed or deferred payments including interest thereon, sh^.II become immediately due and payable and Seller reserves the right to offset some against debts to Buyer or his affiliates. Vessel's Owners are the fina) responsibie for payment in case ol default by Buyers. F) Ownership of bunkers. li is well understood that OCEAN ENERGY remain the sole owners ci bunkers supplied until payment of the relevant bunker invoice is fully received by their bankers. 7) ENVIRONMENTAL PROTECTION If a spii! occurs while marine fuels are being delivered, Buyer shall promptly take such action as it is reasonably necessary to remove the spilled marine fuels and to mitigate the effects of such spills. Buyer shall cooperate and render such assistance as is required by Seller in the course of such action. Ali expenses, claims, losses, damages, liabilities and penalties shall be divided between the parties in accordance with the comparative degree of negligence. The burden ci proof to show Seller's negligence shall be on the Buyer. Buyer shall give Sellei ali document and other information concerning any spill, or any program for the prevention thereof, that are required by Seller or required by law or regulation applicatile at the time and piace of delivery. 8) NOTICES Uniess ctherwise provided, ali notices, statements and other communications, including invoices to be given, submitted or made hereunder by either party to the other, shall be sufficiently given in writing and sent by post or by telegraph, fax/telex or cablo to the address designated by Buyer for invoicing or to the address designated by Seller. Either party may change its designateci address by giving fifteen (15) days prior written notice of its address to the other party. 9) FORCE MAJEURE No failure or omission by the Seller or the Buyer to carry out or observe any ci these conditions shall give the right to rise any clairns against that party or be deemed to be a breach of these conditions if the same shall arise out of causes noi reasonably within the contro! of that party, whether or not forseen, including (but not limited to) such causes as labour disputes, strikes, govemmental intervention, the Seller's responso to the insistence or request ci any governmental body or person purporting therefore, war, civil commotion, fire, flood, accident, storm, earthquake or any act of God. This provision however does not excuse the Buyer from his obligation to make payment for ali amounts due to the Seller on account of marine fuel previously delivered hereunder. 10) GOVERNING LAW AND SETTLEMENT OF DISPUTES A) These generai terms and conditions, the contract, its performance and enforcement, except as otherwise expressly agreec to in writing, shall be governed by English law, English juridiction to apply. Buyer waives any claim for security for costs in case ci legai proceedings. English law and English jurisdiction applicabie. B) These generai terms and conditions contain the entire agreement of the parties with respect to the subject matter hereof and there are not other promises, representations or warranties affecting it and shall not be modified or amended in any way except in writing by parties. Edition jan. 1999 A group expanding in other directions: cargo trading (petroleum products), chartering (any type of tankers), lubricants. Ocean Energy Sam