Common use of MEASUREMENT AND TESTING Clause in Contracts

MEASUREMENT AND TESTING. Buyer shall own, operate and maintain at each Metering Point the metering equipment necessary to measure the quantity of Ethylene delivered under this Agreement. All measurements and/or tests shall be made in accordance with the latest standards or guidelines published by the ASTM or other applicable industry standard methods. Seller’s weight and/or other measurements of Ethylene shall be used for billing purposes, unless proved to be in error. Seller’s laboratory analysis and methods shall determine whether Ethylene specifications have been met, unless Buyer proves to Seller’s reasonable satisfaction that Seller’s analysis report is erroneous. No Ethylene quantity claims will be made, including pursuant to Article VII, unless the difference is more than one percent (1%) of the invoiced quantity.

Appears in 3 contracts

Sources: Ethylene Sales Agreement, Ethylene Sales Agreement (Westlake Chemical Partners LP), Ethylene Sales Agreement (Westlake Chemical Partners LP)