Aviation Fuel means 'Jet A-1', or any other product, which meets the relevant Aviation Fuel Specifications.
Aviation Fuel Specifications means:
(a) in respect of 'Jet A-1', the specifications in respect of quality and cleanliness for 'Jet A-1' set out in the latest version of 'Aviation Fuel Quality Requirements for Jointly Operated Systems' (AFQRJOS) published by JIG, meeting all characteristics of the latest issues of the "ASTM D-1655" or "DEF STAN 91-091"; or
(b) any other specification that SACL or the Operator notifies all users of the Facilities contracted with SACL (including the Supplier) from time to time, provided that:
(i) the specification is in respect of quality for an aviation fuel product published by an internationally-recognised aviation body; and
(ii) SACL or the Operator has given not less than 3 months' notice to, and made reasonable attempts to consult with, each user, prior to any product meeting such specification entering the Facilities. For the avoidance of doubt, nothing in this definition requires SACL or the Operator to obtain further consent or approval from any users regarding such specification.
JIG means Joint Inspection Group Limited, a company incorporated in England with number 04617452 and having its registered office address at PO Box 33044, 6A Foscote Mews, London W9 2YX.
JIG 2 means the Aviation Fuel Quality Control and Operating Procedures for Airport Depots and Hydrants published by the JIG, as amended from time to time. Operator means the agent or contractor of SACL appointed from time to time to operate and maintain the Facilities.
SACL means Sydney Airport Corporation Limited ABN 62 082 578 809.
Storage and Delivery Services
SACL must perform, or procure the performance of, the following services (Storage and Delivery Services) in accordance with the terms of the Agreement:
- receive Aviation Fuel into the Facilities;
- store Aviation Fuel in commingled storage;
- subject to its receipt of product meeting the Aviation Fuel Specifications, maintain the quality of all Aviation Fuel (including the Supplier's) in commingled storage in the Facilities in accordance with the Aviation Fuel Specifications;
- maintain such stock controls and make such accountings and reports as are customary in SACL's or the Operator's routine inventory control procedures;
- make Aviation Fuel available for delivery on time and in the correct quantities to the ITP Service Supplier in accordance with the provisions of the Agreement;
- comply with all requirements of any relevant Authority relating to the Facilities for receiving, storing and making available for delivery the Aviation Fuel; and
- issue invoices to the Supplier for charges under the Agreement.
SACL must supply, or procure the supply of, all personnel, facilities and equipment necessary to provide the Storage and Delivery Services to the Supplier. For the purposes of the Agreement, the Operator is appointed to act solely as SACL's agent for the purposes of administering and performing SACL's powers and duties under the Agreement on SACL's behalf.
SACL must ensure that the Facilities will be operated and maintained in accordance with SACL's or the Operator's customary procedures and standards, but these must not be of a lesser standard than JIG 2. SACL must ensure that the Operator will facilitate that a JIG audit can be conducted by a qualified inspector and that findings are available in accordance with JIG protocols. The Supplier may inspect the Facilities by prior written arrangement with the Operator, provided that any such inspection does not unreasonably interfere with the day to day running of the Facilities.
SACL must perform, or procure the performance of, the Storage and Delivery Services under the Agreement in accordance with the standard of care reasonably to be expected of a competent provider of Storage and Delivery Services.
SACL will be under no obligation whatsoever to give preference to the Supplier in the performance of the Agreement over other users of the Facilities contracted with SACL. In the event of a shortage of storage capacity in the Facilities which may impact on SACL's ability to receive Aviation Fuel delivered by or on behalf of the Supplier, SACL must use reasonable endeavours to apportion the capacity equitably among the users of the Facilities contracted with SACL (including the Supplier) based on the average of each such user's prior month's and current month's forecast total quantity of Aviation Fuel delivered (or to be delivered in the current month) into the Facilities in relation to all other users. However, SACL will have no liability to the Supplier in respect of any such shortage or the consequences of any inability to be able to accept the Supplier's Aviation Fuel into storage at the Facilities, except to the extent that the shortage or inability to accept is due to the Gross Negligence or Wilful Misconduct of SACL or any Delegates of SACL. Nothing in this clause places an obligation on SACL to undertake capital works to increase the capacity of the Facilities.
This is a summary only of certain terms and conditions that will govern the provision of aviation fuel Storage and Delivery Services utilising the Facilities, and is provided for information purposes only. A complete version of the General Terms and Conditions will be made available to applicants as part of the Application Process. Applicants should obtain their own separate independent legal advice in respect of any decision to participate in the Application Process and entry into any agreement or undertakings pursuant to that process.