Marine
Bunkering.

These General Terms are issued by ACO For Petroleum and Petrochemicals Services Co. Ltd., trading as ACO Energies, Commercial Register 65684, Cairo, Arab Republic of Egypt.

They apply to every use of this website, every enquiry for marine fuels submitted to ACO Energies and every introduction made as a result. An enquiry can only be sent from this website after the client has ticked the acceptance boxes. Ticking those boxes, or instructing ACO Energies in writing in any other form, is acceptance of these terms. No signature is required.

ACO Energies acts solely as broker and introducer. It does not buy, sell, supply, store, carry or take title to marine fuel.

ACO Energies is not an agent of the supplier or of the client and cannot bind either of them on price, terms, availability or delivery. It is not a party to any supply contract.

ACO Energies gives no assurance that a supplier will register a counterparty, issue an offer, or supply at any port or on any date.

Any supply of fuel is contracted directly between the contracting party and the physical supplier, on the supplier's general terms and conditions of sale in force at the time. The supplier issues those terms with its offer, and the client should read them before accepting.

Specification, quality, quantity, delivery, title, risk, payment, claims and the time limits for notifying claims are governed by the supplier's terms and not by these General Terms.

Where ACO Energies supports the client on a delivery, a document or a claim, it does so as assistance only and does not assume any obligation of the supplier.

No firm offer is issued until the contracting party has completed the supplier's counterparty due diligence and, where credit is requested, the supplier's credit review.

The client undertakes to provide documents that are complete, accurate, genuine and current, and to notify ACO Energies promptly of any change in its ownership, control, authorised signatories or sanctions status.

The supplier may decline to register a counterparty, and ACO Energies may decline an enquiry, in each case without giving reasons and without liability.

An enquiry is not an order and creates no obligation on the client, the supplier or ACO Energies.

The person submitting an enquiry confirms that the contracting party is the owner, charterer or operator of the vessel, or a manager or agent acting on that party's written authority, that it controls the bunker decision for the vessel, and that the person has authority to submit the enquiry.

The client is responsible for the accuracy and completeness of the vessel, port, timing, grade, quantity and company information it provides.

Market prices, news, the regional brief, the map, the grade finder, the saving calculator and the onboarding checklist are general information prepared from published sources and from figures the client enters itself. They may be incomplete, delayed or out of date.

They are not an offer, a quotation, a recommendation or technical, legal, insurance or commercial advice, and ACO Energies gives no warranty, express or implied, as to their accuracy, completeness or fitness for any purpose.

The client remains solely responsible for its own decisions, including grade selection, sulphur compliance, routing, timing, security and insurance, and should confirm them with its technical manager, insurers and advisers.

ACO Energies is remunerated by the supplier under a separate agreement. It charges the client nothing and adds nothing to the supplier's price.

ACO Energies never requests, receives or holds payment for fuel. All payments are made by the contracting party directly to the supplier, against the supplier's invoice and to the supplier's bank account.

Any request to pay for fuel to ACO Energies, or to an account other than the supplier's, is not genuine and should be reported to the Marine Bunkering Desk at once. ACO Energies is not liable for any payment made in response to such a request.

ACO Energies does not tolerate bribery or corruption in any form. Neither ACO Energies nor the client will offer, promise, give, request or accept any bribe, kickback, facilitation payment or other improper advantage, directly or through a third party, to or from any person in the public or the private sector, in connection with an enquiry or a supply.

Each party will comply with all anti bribery and anti corruption laws that apply to it, including, where they apply, the United Kingdom Bribery Act 2010 and the United States Foreign Corrupt Practices Act.

Gifts and hospitality are acceptable only where they are modest, transparent and lawful, and create no obligation. No part of the remuneration of ACO Energies is paid to, or shared with, any employee, officer or representative of the client or of any public body.

The client confirms that neither the contracting party, nor its owners or controllers, nor the vessel, its registered owner, operator or manager, is the target of sanctions or restrictive measures of the United Nations, the European Union, the United Kingdom or the United States, or of any other sanctions that apply to the supply.

The client confirms that the fuel is not intended for the benefit of a sanctioned party or for a voyage or trade that applicable sanctions prohibit.

ACO Energies screens every counterparty and vessel before nomination. It may suspend or withdraw from an enquiry at any time, without liability, where it or the supplier identifies a sanctions concern. The client will notify ACO Energies at once of any change that affects these confirmations.

The client confirms that the funds used to pay for fuel are of lawful origin and that payment will be made from a bank account held in the name of the contracting party.

ACO Energies does not handle cash and takes no part in the movement of funds between the client and the supplier.

The client will provide on request the information reasonably needed to identify the contracting party, its beneficial owners and the source of its funds. ACO Energies and the supplier may make any report that the law requires of them.

ACO Energies discloses that it is remunerated by the supplier and by nobody else in respect of a supply.

ACO Energies deals only with the party that controls the bunker decision, or with one disclosed introducer acting for that party. It does not pass enquiries into a chain of resellers.

Any conflict of interest that arises on an account is disclosed to the parties affected.

ACO Energies treats fleet data, trading patterns, volumes, prices and onboarding documents as confidential. It discloses them only to the physical supplier and to the supplier's compliance and credit functions for the purpose of the enquiry, or where the law requires.

The client keeps confidential the identity of the supplier, the terms offered and all commercial information received through ACO Energies.

Personal data contained in enquiries and onboarding documents is used only for handling the enquiry and for counterparty due diligence, is handled in accordance with the data protection law that applies, and is kept no longer than that purpose requires.

For twelve months from the date of an introduction, the client will not, directly or through another broker or trader, take steps intended to remove ACO Energies from an account it has introduced or to deprive it of its remuneration on that account.

This clause does not apply where the client can show that it held an active account with the supplier before the introduction.

ACO Energies is not liable for: the acts, omissions, performance, non performance or solvency of the supplier or any other third party; the quality, quantity, specification or timing of any delivery; availability at any port; movements in price; delay, deviation, off hire, demurrage or port costs; security incidents, piracy, hostilities, weather, port or canal closures, or government or sanctions action; or any loss caused by inaccurate or incomplete information supplied by the client.

To the fullest extent the law permits, the total aggregate liability of ACO Energies arising from or in connection with this website, an enquiry, an introduction or these terms, whether in contract or otherwise, is limited to the remuneration ACO Energies has actually received from the supplier on the stem concerned.

ACO Energies is in no case liable for loss of profit, revenue, business, charter or opportunity, or for any indirect, special or consequential loss.

Nothing in these terms excludes or limits any liability that cannot be excluded or limited under the applicable law, including liability for fraud or gross fault.

The client shall indemnify ACO Energies, its directors and officers against all claims, losses, damages, fines, costs and expenses, including reasonable legal fees, arising from: any breach of these terms by the client; any inaccurate, incomplete, misleading or forged information or document supplied by the client; any breach by the client of sanctions, anti bribery or anti money laundering laws; and any dispute between the client and the supplier or any third party concerning a supply.

ACO Energies is not liable for any failure or delay in performing any of its undertakings caused by events beyond its reasonable control, including war, hostilities, terrorism, piracy, attacks on shipping, the closure or restriction of any canal, strait or port, sanctions or other government action, strikes, epidemics, severe weather, and failures of communication or information systems.

These General Terms and any dispute arising from them are governed by the laws of the Arab Republic of Egypt and are subject to the jurisdiction of the courts of Cairo, unless agreed otherwise in writing.

Disputes concerning the fuel or its delivery are between the contracting party and the supplier and are resolved under the supplier's terms of sale.

Acceptance of these terms is recorded in the enquiry, together with its reference, date and time, and that record is evidence of acceptance. The edition of these terms in force on the date of an enquiry applies to that enquiry.

Where these terms and the supplier's terms of sale both apply, the supplier's terms govern the supply and these terms govern the relationship with ACO Energies.

If any provision is found to be unenforceable, the remaining provisions continue to apply, and the provision concerned applies to the fullest extent the law allows. Nothing in these terms creates a partnership, joint venture, agency or employment relationship. Where these terms are translated, the English text prevails.

The code of business conduct and the health, safety and environment policy of ACO Energies are available to counterparties on request.