Содержание
In contracts that incorporate FOSFA 54, references to FOSFA HH54 or simply HH54 might appear. What does this signify, and why is it necessary?
Short answer
HH54 is a standard clause extending the shipment period. It’s optional because FOSFA 54 doesn’t inherently include an extension clause. This clause is part of FOSFA’s Optional & Special Clauses, available for purchase here.
Detailed answer
FOSFA 54 is a standard CIF contract (Contract for vegetable and marine oil in bulk CIF delivered weights).
One of the seller’s main obligations under CIF is to ship the goods within the shipment period. The obligation to ship is fulfilled as soon as the cargo is loaded on the vessel. The bill of lading date is the shipment date. The shipment period is a condition (i.e. essential term). If the bill of lading is dated a day after the shipment period, the buyer may reject the goods and claim damages.
There are instances where a CIF seller might not ship the goods on time. Similarly, a FOB buyer might not present a vessel on time at the loading port. Many FOSFA forms account for such scenarios and provide for extension of shipment/delivery clauses. However, there is no extension clause in FOSFA 54. HH54 fills this gap, serving as a standard extension clause, eliminating the need to draft a separate clause in the contract.
Where to find FOSFA HH54?
FOSFA offers a list of Optional & Special Clauses, allowing parties to incorporate any clause they deem fit. HH54 is part of this list.
What else is on the list of Optional & Special Clauses?
Other clauses from the list:
- NN – clause on the difference in delivered and mean quantity for Malaysian palm kernel oil (for use with FOSFA 54);
- AS37 – extension of shipment when buying and selling oil of Malaysian and Indonesian origin (for use with FOSFA 80 proforma);
- AS38 – application of different FOSFA regulations (for use with FOFSA 81, a proforma created jointly by the Palm Oil Refiners Association of Malaysia (PORAM) and the Malayan Edible Oil Manufacturers’ Association (MEOMA));
- AS39 – warranty on the absence of animal proteins and fats in the goods
- AS40 – storage period for pre-shipment and at loading samples (for use with FOSFA 52, 53, 54, 80, 201 and 202);
- AS41– discount for high benzopyrene content in crude coconut oil;
- AS9 – restrictions on previous cargo on a vessel;
- EU1 / EU2 – application of regulation (EU) 579/2014 to previous cargo on a vessel;
- AS42 – provision for a CIF seller’s nomination of a vessel and insurance (for use with FOSFA 2, 3, 5, 9, 11, 11A, 13, 16, 24, 25, 29, 36, 54 and 76);
- AS43 – provisions concerning the description of the goods, applicable standards and specifications, and qualification of analysts (for use with FOSFA 51);
- AS44 – additional pre-sampling provisions (for use with FOFSA 51, 52, 53, 54, 55, 56, 57, 80, 82, 93, 201 and 202);
- AS45 – provisions for documents bypass between the first seller and the last buyer in the string (for use with FOSFA 53).
If you are involved in a FOSFA-based transaction and are unsure whether to include Clause HH54 or any other optional clause — feel free to contact me by email, Telegram, or WhatsApp.
