Conditions of Purchase
Definitions
The Purchaser – K Line LNG Shipping (UK) Ltd
The Supplier – The Person, firm or Company to whom the Purchase/Repair Order is sent
The Contract
The Contract between The Purchaser and The Supplier is for the sale and delivery of the whole goods and/or provisions of services described in the Purchase Order including any specification or drawing.
The Supplier shall not sub-contract any part of the work unless full details of the sub contracted works are submitted in full. Prior notification of sub contracted work is essential as the Supplier reserves the right to disallow any part of the sub contracted works. If the Supplier consents to the sub contracted work The Supplier is still obligated under the terms of the contract
The Supplier prohibits the giving of any bribe or facilitation payments in conjunction with The Contract
Any deviation from or modification to specifications or drawings is subject to The Purchasers written approval. If the Supplier considers there is any omission, inconsistency or inaccuracy in such specifications or drawings or that any modifications should be made. Drawings and specifications supplied to The Supplier are done so in the strictest confidence.
Neither The Supplier nor any of its employees, Servants or Agents, shall, without the written consent of The Purchaser or consent of the Purchaser, publish or otherwise disclose to any third party any information, photographs, manuals or data relating to or arising from the Purchase Order.
Except where specified to the contrary the Supplier shall provide all labour, tools, plant equipment and materials to ensure the proper and workmanlike performance of the contract. All materials should be of the appropriate quality.
The Purchaser shall be entitled at its discretion with reasonable notice to check progress under the contract and/or Purchase/Repair Order, to inspect the goods and any work thereon, and to make such tests as prescribed in the contract and Purchase/Repair Order, during manufacture and before delivery. The Supplier shall afford the Purchaser’s representative every facility for such purpose, including access to the Suppliers for Subcontractors work at all reasonable times.
The Supplier shall be liable for and shall effect and maintain in force insurance for all loss or damage to the Goods and any work thereon and to any other 1materials, either brought to the place of work or supplied by the Purchaser including without limitation, theft, damage by elements by elements and fire and shall, unless the Purchaser otherwise directs in writing, promptly make good all such loss/and or damage to the Purchasers, its servants and agents. The Supplier shall on request by the Purchaser produce documentary evidence of such insurance and of premiums paid.
Where goods are to be transported by road The Supplier shall ensure appropriate packaging and safe for road transportation, and in accordance with local/International transportation regulations. Where goods are to be transported by air all local/international regulations are met particularly with
respect to Dangerous goods.
The supplier shall ensure that the following information is clearly shown on packing lists & invoices for each line item:
HS Codes/Commodity Codes
Description
Country of Origin (COO)
Value
The supplier shall be liable for any loss or damage whether to damage to property or otherwise and for any injury (including death) to persons whether such loss, damage or injury is consequential or otherwise and arising out of or in connection with the supply of goods or provisions of services hereunder, and whether or not such loss, damage or injury shall be suffered by the Purchaser or other persons in the employ of the Purchaser or the Supplier or any sub- contractor or any other person, and shall indemnify the Purchaser against any and all claims arising out of or in connection with such loss, damage or injury by whomsoever brought, except to the extent that the loss, damage or injury is attributable to the negligence of the Purchaser, its servants or agents.
During a period of 12 months after the date of delivery or in the case of pant, after the date of commissioning or completion of the goods and/or services, the Supplier shall with all possible speed and without cost to the Purchaser, replace repair or make good any defective goods or work or any part thereof found to be defective whether due to faulty material, workmanship, design or to any act or omission of the Supplier. In particular the Suppler shall reimburse any transportation and other charges incurred by the Purchaser in effecting such replacement or repair at the point of use. The Purchaser rights hereunder are in addition to and not in substitution for, and express, statutory, or any other rights.
The Supplier shall provide in writing with such information as is necessary to the use of any materials and/or equipment supplied and/or used and its design, testing, use, setting, maintenance.
Health & Safety
When The Supplier is on The Purchaser premises including vessels owned or managed by the Purchaser, the Supplier shall comply with the Purchaser Health & Safety and other statutory regulations including but not limited to the Drug & Alcohol and PPE Policy.
No work is to be started unless the Purchaser gives express permission to do so
Hazardous materials shall be accompanied with appropriate Material Safety Data Sheet written in English 2The Supplier shall provide in writing with such information as is necessary to the use of any materials and/or storage, transportation, dismantling and disposal of.
The Supplier must provide in writing and changes to the process or design of supplied equipment after purchase should there be any concerns arising due to future risk to safety or health.
Environmental
Delivery shall be made in strict compliance with the requirements of the Purchase/repair order, which shall be the essence of the contract. The Supplier shall take all necessary precautions to ensure that all goods and/or materials which are to be delivered under the terms of the contract are packaged in a safe and sufficient manner so as to avoid damage or loss to such goods or materials whilst in transit and until delivered. Additionally the amount of packaging is to be minimised consistent with the requirements to package in a safe and sufficient manner and, where possible, such packaging is to be disposable and environmentally friendly. Specifically, shredded paper and cardboard are to be used in preference to polystyrene and shrink-wrap. Furthermore, wherever possible, goods and or/ materials should be supplied in bulk and consolidated.
Supplier should identify and declare the presence of Hazardous Material, as included in the Annex I and II of the EU SRR (Ship Recycling Regulation) No. 1257/2013, as well as Appendix 1 and 2 of the IMO HKC (Hong Kong Convention, 2009) if it exceeds the threshold values specified in the IMO guidelines and EU legislation. Supplier should provide a Supplier’s Declaration of Conformity – SDoC and Material Declarations – MDs in any case even when no Hazardous Material are contained above the applicable threshold values. SDoC and MD should be prepared and signed in accordance with the IMO guidelines and they should be drawn in the format provided in the IMO guidelines (ref: IMO Res. MEPC.269(68)). Due regard should be given to include a supplement to the IMO/MD form with a reference to the presence (or absence) of the two additional Hazardous Material (Perfluorooctane sulfonic acid (PFOS) and its derivatives and Brominated Flame Retardant (HBCDD) included only in Annexes I and II of the EU SRR regulation.
In addition, according to MSC.1/CIRC.1379, SOLAS REG. II-/3-5 from 1 January 2011, for all ships, new installation of material which contain asbestos shall be prohibited. Therefore, the supplier should provide a signed and stamp Asbestos Free Declaration (AFD / Non-Asbestos) confirming that all products supplied and offered are 100% free from Asbestos, which declaration covers the complete product(s) including any fittings, equipment, cables, gaskets, glands, packing, brake lining, lagging insulation etc. Alternatively, the supplier should provide a Declaration of Asbestos Free Products, listing the purchased products for which confirming that is/are 100% Free from Asbestos including any fittings, equipment, cables, gaskets, glands, packing, brake lining, lagging insulation etc.
Termination
K Line LNG Shipping (UK) Ltd reserves the right without penalty to terminate the Purchase Order in writing to the Supplier if:
The Supplier breaches any of the terms of the Purchase Order, including those stated above
The Supplier breaches any Health and Safety requirements as stated by the Purchaser whilst on The Purchasers premises
The Supplier cannot meet any deadlines agrees leading to the delivery of or installation of the service.