4.11 THE VESSEL’S MASTER SHALL ADVISE THE BUYER AND SHIP OWNER’S AGENT AT THE PORT OF DISCHARGE, THE SHIP’S ETA 120 HOURS BEFORE HER ARRIVAL, HER NAME, TONNAGE, FLAG, DRAUGHTS ON BOARD QUANTITIES, AND ACTUAL TIME OF ARRIVAL 48, 36, 24, AND 12 HOURS BEFORE HER ARRIVAL TO THE DISCHARGE PORT.4.12 THE SELLER’S CHARTERED VESSEL MAY ARRIVE AT THE DESIGNATED LOAD PORT WITH SLOPS IN ONE OR TWO TANKS. IT IS THE SOLE AND EXCLUSIVE OPTION OF THE SELLER TO PERFORM LOT (LOAD ON TOP) PROCEDURE OR KEEP SAID AMOUNT OF SLOPS SEGREGATED FROM THE INCOMING CARGO. IN THE EVENT OF ANY LOT PROCEDURE, SELLER WILL ARRANGE THAT SAID TANKS CONTAINING THE SLOPS WOULD BE SAMPLED SEPARATELY.5 INSPECTION — QUANTITY I QUALITY DETERMINATION5.1 SELLER AND BUYER MUTUALLY AGREE THAT AN INTERNATIONALLY RECOGNIZED FIRST CLASS INDEPENDENT SURVEYOR COMPANY SGS SHALL BE APPOINTED AT BOTH DESIGNATED LOADING AND DISCHARGE PORTS, TO ASSESS THE QUALITY AND QUANTITY OF THE CARGO-ACCORDING FEE, THE INSPECTION COST SHALL BE PAID AT THE LOADING PORT BY THE SELLER AND AT THE DISCHARGE PORT BY THE BUYER.5.2 QUANTITY AND QUALITY ASSESSMENTS, CONDUCTED BY THE APPOINTED SURVEYOR COMPANY, SHALL BE IN ACCORDANCE WITH METHODS AND PROCEDURES USUALLY USED IN THE OIL INDUSTRY PRACTICE, AND HOWEVER, AT ALL TIMES, SHALL STRICTLY COMPLY WITH THE REVISED ASTM/IP INTERNATIONAL STANDARDS AND PROCEDURES ENFORCED AT THE DATE OF COMPLIANCE.5.3 FOR CONVERTING VOLUMES, FROM OBSERVED TO STANDARD TEMPERATURE, AND VOLUMES TO WEIGHT, ASTM TABLES, LATEST REVISED EDITION, HAVE TO BE USED.5.4 THE ASSESSED QUANTITY WILL BE USED FOR COMPUTING THE AMOUNT TO BE PAID TO THE SELLER, APPLYING THE PRICE AS PER THE CONTRACT.5.5 IN THE EVENT OF AN INACCURACY WITH THE DEVICES USED TO MEASURE THE QUANTITY RECEIVED AT THE DISCHARGE PORT (FAILURE OF FLOW METERS, METER BANKS AND / OR OTHER DEVICES) THEN MANUAL SHORE TANK MEASUREMENT SHALL BE APPLIED. IF THE SURVEYOR HAS REASON TO BELIEVE THAT THE SHORE TANKS ARE NOT CALIBRATED IN ACCORDANCE WITH THE ASTM STANDARDS AND PROCEDURES, THEN SHIP’S FIGURES TCV (TOTAL CALCULATED VOLUME); APPLIED WITH A VALID V.E.F. (VESSEL EXPERIENCE FACTOR) SHALL BE USED TO COMPUTE THE DELIVERED QUANTITY OF THE CURRENT BATCH. IN THE EVENT THAT THE SURVEYOR REPORTS FROM THE LOADING PORT DO NOT AGREE WITH THE SURVEYOR FROM THE DISCHARGE PORT, THE BUYER AND SELLER SHALL APPOINT AN INDEPENDENT SURVEYOR AT THE EXPENSE OF THE BUYER AND SELLER.6 INSURANCE6.1 THE SELLER WITH FULL CORPORATE AUTHORITY, UNDER THE PENALTY OF PERJURY, CERTIFIES AND WARRANTS, AND MAKES AN IRREVOCABLE FIRM COMMITMENT TO SELL AND DELIVER THE QUANTITY INDICATED ABOVE DURING THE PERIOD SPECIFIED.6.2 SELLER, AT HIS OWN EXPENSE, SHALL PROCURE A POLICY WITH A FIRST CLASS MARINE INSURANCE INSTITUTE TO COVER THE 110% (ONE HUNDRED AND TEN PERCENT) OF THE VALUE OF THE CARGO. THE INSURANCE POLICY WILL COVER ALL RISKS OF LOSS OR DAMAGES TO SAID CARGO, INCLUDING WAR, HIJACKING, EXPLOSION, AND NON-DELIVERY, ETC. FROM THE TIME THE CARGO HAS PASSED THE SHIP’S MANIFOLD FLANGES AT THE DISCHARGING PORT. A COPY OF THE SAID POLICY TO BE SUBMITTED TO BUYER 10 DAYSIN ADVANCE BEFORE SHIPMENT TAKES PLACE, WITH THE CLAUSE FOR ENHANCEMENT OF VALUE, IN CASE OF NEED BY THE BUYER.6.3 MARINE INSURANCE WILL COVER ALL RISK, OF LOSS OR DAMAGE TO SAID CARGO, INCLUDING WAR, HIJACKING, EXPLOSION AND NON-DELIVERY ETC. UNTIL CARGO COMMENCES TO PASS THE SHIP’S MANIFOLD FLANGES AT THE DISCHARGE PORT.
7 PERFORMANCE BOND (PB) AS PER ANNEX D
7.1 THE SELLER’S BANK, IN ACCORDANCE WITH THE PROVISIONS SET OUT, WILL POST INTO THE BENEFICIARY’S BANK ACCOUNT NOMINATED BY THE BUYER, AN IRREVOCABLE, REVOLVING, TRANSFERABLE, PERFORMANCE BOND TO COVER THE 2 % (TWO PERCENT) OF THE FACE VALUE OF EACH OPENED OPERATIVE DOCUMENTARY LETTER OF CREDIT QUANTITY.
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