General Terms & Conditions
Validity
These Terms apply to all offers, sales, and deliveries unless otherwise agreed upon in writing.
They are applicable to all products supplied by Dynamic Energy Supply, unless otherwise agreed in writing.
Ownership of the oil
Ownership of the oil remains with Dynamic Energy Supply until full payment has been received.
Maritime lien
The marine oil delivered is charged to the account of the receiving vessel.
The customer acknowledges that Dynamic Energy Supply holds a lien on the receiving vessel for the invoiced amount relating to the marine oil, which is essential for the vessel’s ongoing operation.
Delivery
Marine oil is delivered ex-installation, ex-barge, or ex-truck as agreed.
Delivery may occur during nighttime hours and on holidays at the vessel owner’s or master’s request, unless prohibited by local laws or regulations.
Transfer of risk occurs once the oil is offloaded into the receiving vessel.
Pumping operations must take place under the supervision of the receiving vessel.
Assignment
Dynamic Energy Supply retains the right to transfer all rights and obligations related to the delivery agreement with the customer to a third party.
Product information
Dynamic Energy Supply will provide marine oil that meets its usual commercial quality standards at the time of delivery or as otherwise specified.
The company accepts no responsibility for the customer’s selection of oil intended for the vessel.
Dynamic Energy Supply reserves the right to amend contract specifications if such changes do not substantially disadvantage the customer.
Such modifications may occur without prior notice.
Deficiencies and complaints
Before delivery, the seller will, without obligation, seek to present a bunker requisition form or similar document signed by its representative.
This will include delivery quantities and required information such as viscosity, density, sulphur, and flash point.
After delivery, a Delivery delivery note (BDN) must be presented to the vessel’s master or authorized representative, showing:
- Quantity delivered
- Density (kg/L or kg/m³ at 15°C, per ISO 3675)
- Flash point
- Sulphur content (% m/m, per ISO 8754)
- Viscosity
The master or representative must sign and return the Delivery Receipt.
A copy remains with the vessel.
Sampling:
Four representative samples of each grade of marine oil will be taken.
The customer may witness the sampling process.
- Two sealed samples are provided to the vessel’s master (one designated as the MARPOL sample).
- Two are retained by Dynamic Energy Supply for 14 days in secure storage.
After 14 days, samples may be discarded unless a complaint has been made.
In that case, a recognized laboratory will analyze the sample.
No sampling occurs for self-service or lubricating oil purchases.
Dynamic Energy Supply’s measurements are conclusive evidence of quantity, though customers may witness verification.
Complaints:
- Must be documented on the Bunker Receipt at the time of delivery.
- Must be made within 14 days of receipt.
- Must include all details requested for proper investigation.
Failure to complain within this period forfeits the right to claim damages.
If a complaint is received, Dynamic Energy Supply will have one sample analyzed.
The result is final and binding for both parties.
If the complaint is unfounded, the customer bears all analysis costs.
A copy of the analysis is provided to the customer.
Returns
Deliveries are non-returnable unless a specific prior written agreement exists.
Liability
If delivered marine oil fails to meet expected quality or delivery is delayed due to gross negligence by Dynamic Energy Supply, the company is liable for direct losses only.
No liability applies for:
- Indirect or consequential losses
- Loss of business or profits
- Waiting time or other incidental costs
Total liability is capped at 5 million DKK.
Product liability
Product liability is governed by Danish Law only.
Dynamic Energy Supply is liable for personal injury or property damage caused by delivered marine oil.
Liability is limited to the order size and cannot exceed 5 million DKK.
Environment & safety
In case of any spillage (leakage, escape, or overflow of marine fuels) causing or likely to cause pollution, both Buyer and Seller must immediately take reasonable actions to contain and clean up the spill, in accordance with applicable local laws.
If local law requires the Seller to have an oil spill contingency plan, the Seller will maintain such approved plans.
Responsibility for loss, damage, or pollution lies with the party responsible for the incident.
The Seller will ensure that the supplying company is fully insured for oil spill liabilities as required by law. Proof of coverage will be made available upon request.
The Buyer warrants that:
- The vessel is insured with a P&I Club for pollution liability.
- A drug and alcohol policy is enforced onboard; personnel must not be intoxicated or under the influence of controlled substances.
The Seller enforces similar policies for its facilities and bunker tankers.
Termination
The Seller may terminate the contract if:
- The Buyer becomes insolvent, bankrupt, or enters liquidation;
- The Buyer fails to pay debts when due or suspends payments;
- The Buyer ceases business or makes special arrangements with creditors.
Termination does not affect any accrued rights.
Applicable law and jurisdiction
Any disputes will be resolved under Danish law in the courts where Dynamic Energy Supply is domiciled.
The litigation language shall be Danish.
The United Nations convention on contracts for the international sale of goods (CISG) does not apply.