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From the Brig

New ISSA

Conditions

ISSA’s legal representative, Bruce Hailey, talks

about the new ISSA Conditions

I
SSA has revised its Conditions of Sale, so that they continue accelerated payment clause, so that where the customer is

to be relevant and useful for the modern day ship supplier in default of credit terms the supplier may withdraw credit
and their customers. The ISSA Conditions of Sale will befor any invoices not due requiring immediate payment and

formally launched at the ISSA Convention in Singapore, clause 12d entitles the supplier to allocate payments as it sees
whereupon they will be made available on the ISSA website for it. Clause 9 requires that goods under claim must be made

use by ISSA members.available for inspection and clause 10 tightens the limitations
The ISSA Conditions provide a clear legal framework for for the supplier’s liability for consequential loss. The interest

contracts for the sale of goods and services by ISSA members provision is simpliied with an interest rate of 1.5% per month.
to their customers.Many of the changes bring the ISSA Conditions into line with

ISSA members should ensure that they take care to state other sectors of the supply industry, for example the bunker and
clearly on quotations, invoices and delivery receipts that the spare parts industries. The recent fall of OW Bunker has shown

ISSA Conditions shall apply. It is suggested that referencethe value and importance of modern terms and conditions which
give suppliers the tools that they require to protect themselves
be explicitly made to the current ISSA Conditions, to ensure
that the latest version of the ISSA Conditions are properly from the unexpected and the unwelcome.

incorporated into contracts. If you display the ISSA Conditions The current dificult market has tested the tools available to
on your website then be sure to replace the old with the new. suppliers to collect payment in the face of what can be determined

Any existing hyperlink to the ISSA website should continue to resistance from some customers. The new ISSA Conditions of Sale
work to direct customers to the new ISSA Conditions. If in any will better equip suppliers facing that challenge.

doubt about how to accomplish proper incorporation please The section dealing with the supply of owners’ goods
contact Bruce Hailey of Salvus Law.(where suppliers are effectively acting as freight forwarders

The most signiicant revision to the ISSA Conditions is the and warehouse keepers) demonstrates ISSA’s willingness to
introduction of a new section dealing with the issues arising from recognise and adapt to new ways of working and provide its

suppliers handling owner’s own goods for delivery to a vessel. membership with the support that is requires.
This is an area of increasing activity for suppliers and it is crucial It is crucial that ISSA members embrace these new ISSA

that the parties’ obligations and liabilities are clearly deined.Conditions, to offer themselves the best protection in

Changes have also been made to the dispute resolution these dificult times. Salvus Law, who assisted
clause, with provision for disputes to be dealt with by ISSA with the revisions, will be happy

arbitration, though at the suppliers’ election and prior to to provide further comment to
arbitration being commenced court proceedings may be ISSA members. u

brought. Contracts will be governed by US law, and there is the
introduction of a maritime lien clause.

Further revisions include deinitions for “Goods”, “Services”
and “Vessel” and an expansion to the “Price” section to

make the contracting process clearer and to
explain that all discounts are conditional

upon payment within the agreed

credit period. Clause 12f
provides for an

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