Common use of MEASUREMENT, SAMPLING AND TESTING Clause in Contracts

MEASUREMENT, SAMPLING AND TESTING. a) The quantity of STIL Product discharged and ICI Product loaded shall be that discharged or loaded at the place of delivery and shall be based on North Tees Works port meter measurements in accordance with API MPMS Chapter 5 or in the absence of port meters, the meters of any delivering or receiving vessels. Meters shall be proved on each delivery in accordance with API MPMS Chapter 4, except as set forth below. b) The quantity and quality of products shall be determined at the place of delivery by an independent Inspector instructed in accordance with the Agreement and who is satisfactory to both ICI and STIL. Unless otherwise agreed STIL will appoint and instruct the Inspector and the charges of the Inspector to so act shall be shared equally between ICI and STIL. Any charges of the Inspector for performing duties not specified in the Agreement will be for the account of the party so instructing the Inspector. c) The Inspector shall be instructed to issue and send a telex, cable or facsimile showing the quantity and quality of products discharged and/or loaded to STIL and ICI immediately upon completion of discharge or loading of the products and then issue, sign and send the Certificate of Quantity and Quality showing the quantity and quality of products to ICI and STIL as soon as possible thereafter. The Certificate of Quantity and Quality issued shall state the methodology and show the calculations used to determine the quantity and quality of products. d) The results of measurement, sampling and testing as evidenced by the Inspector's certificate shall, for the purposes of this Agreement, be treated as conclusive as to the quantity and quality of products dis charged or loaded, save for fraud or manifest error. e) ICI shall ensure that both the Inspector and STIL's representative has full access to any part of the products handling or storage facilities deemed necessary by the Inspector or STIL's representative in order to determine the quantity and quality of the products discharged or loaded. The Inspector shall take and retain two sealed, labelled and dated samples from vessel tanks, discharging or loading line and receiving tanks for each grade of products delivered under this Agreement. f) On every occasion the Inspector takes any other samples in accordance with the methodology and procedures described in this Agreement, the Inspector shall take two further samples which shall be sealed, labelled, dated and retained. STIL, ICI or their respective representatives may instruct the Inspector to take and retain other samples. The Inspector shall be instructed to retain samples for at least 90 days from completion of discharge or loading date and may be instructed to retain them for a longer period by ICI or STIL or their respective representatives. g) ICI will give or will procure that STIL's representative and the Inspector are given full access to and copies of the latest records covering the maintenance, calibration and proving of all equipment used to determine the quantity of products discharged or loaded in order to record that such equipment is in the opinion of the Inspector and STIL's representative in a suitable condition to determine accurately the quantity of Products discharged or loaded. h) For products delivered from STIL's vessel directly into static shore tanks (that is shore tanks to or from which no products are being pumped other than the products being delivered under this Agreement) and where metering facilities are not available, or where in the opinion of the Inspector the meter did not perform in accordance with API MPMS Chapter 5, or where the meters were not proven for that delivery in accordance with API MPMS Chapter 4, the quantity of products shall be based on discharge port shore tank gaugings in accordance with API MPMS Chapter 3. For ICI Products delivered to STIL's vessel directly from ICI's static shore tanks (that is shore tanks to or from which no products are being pumped other than the products being delivered under this Agreement) and metering facilities are not available, or where in the opinion of the Inspector the meter did not perform in accordance with API MPMS Chapter 5, or where the meters were not proven for that delivery in accordance with API MPMS Chapter 4, the quantity of products shall be based on loading port shore tank gaugings in accordance with API MPMS Chapter 3. i) For products delivered from STIL's vessel directly into active shore tanks (shore tanks where products are being pumped out of the tank during delivery hereunder) and where no correctly functioning or proven discharge port meters are available in accordance with Clause 10(a) above, the quantity of products shall be that determined at the load part as evidenced by certificates of quantity (or bills of lading where certificates of quantity are not available) and in accordance with measurement, sampling and testing used at the load port. The Inspector will be instructed to indicate on the documents showing the quantity of products issued under Clause 10(c) that the products were delivered into active shore tanks. j) For products delivered to STIL's vessel directly from active shore tanks (shore tanks where products are being pumped out of the tank during delivery hereunder) and where no correctly functioning or proven loading part meters are available in accordance with Clause 10(a) above, then the quantity of products shall be that determined at the discharge port as evidenced by certificates of quantity (or bills of lading where certificates of quantity are not available) and in accordance with measurement, sampling and testing used at the discharge port. The Inspector will be instructed to indicate on the documents showing the quantity of products issued under Clause 10(c) that the products were delivered from active shore tanks. k) Temperature measurements shall be taken by manual measurement of shore tanks in accordance with API MPMS Chapter 7. Where metering facilities are used for quantity determination, temperature measurement shall be taken at the metering manifold using integral temperature compensators or by manually integrating temperature over the discharge or loading. The quantity of products shall be adjusted to volume at 60F in accordance with Table Number 6A of ASTM-IP Petroleum Measurement Tables (ASTM designation D-1250. IP designation 200) or such other measure as determined in a definitive agreement.

MEASUREMENT, SAMPLING AND TESTING. a) The quantity of STIL Product discharged and ICI Product loaded shall be that discharged or loaded at the place of delivery and shall be based on North Tees Works port meter measurements in accordance with API MPMS Chapter 5 or in the absence of port meters, the meters of any delivering or receiving vessels. Meters shall be proved on each delivery in accordance with API MPMS Chapter 4, except as set forth below. b) A.1 The quantity and quality of products each delivery of REBCO, Karakuduk Crude Oil or CPC Blend (as the case may be) shall be determined by measurement, sampling and testing in the manner customary at the place loading port and shall include testing that enables a quantity net of delivery by an independent Inspector instructed in accordance with BS&W to be calculated. Sellers shall prepare and sign certificates as to the Agreement quantity and who is satisfactory to both ICI and STIL. Unless otherwise agreed STIL will appoint and instruct the Inspector and the charges quality of the Inspector to so act shall be shared equally between ICI and STIL. Any charges oil loaded upon completion of loading of the Inspector for performing duties not specified in the Agreement will be for the account of the party so instructing the Inspector. c) The Inspector cargo. Sellers shall be instructed to issue and send a advise Buyers by telex, cable or facsimile showing of the quantity and quality of products discharged and/or loaded to STIL and ICI immediately upon completion of discharge or loading of the products and then issue, sign and send the Certificate of Quantity and Quality showing the quantity and quality of products to ICI and STIL recorded on such certificates as soon as possible thereafter. The Certificate after completion of Quantity and Quality issued shall state loading of the methodology and show the calculations used to determine the quantity and quality of productscargo. d) A.2 The results of measurement, sampling and testing as evidenced by the Inspector's certificate shall, for the purposes of this Agreementthe agreement, be treated as conclusive as to the quantity and quality of products dis charged or loaded, save for fraud or manifest errorhowever, the conclusiveness of the results so far as they relate to the quantity and quality loaded may be displaced to the extent that it can be shown that the results are incorrect. e) ICI shall ensure that both A.3 Buyers may appoint a representative acceptable to Sellers to assist in the Inspector supervision of and STIL's to inspect the loading of each cargo. If such representative has full access to any part of the products handling or storage facilities deemed necessary by the Inspector or STIL's representative in order to determine is appointed the quantity and quality of the products discharged REBCO, Karakuduk Crude Oil or loadedCPC Blend (as the case may be) as jointly ascertained by Buyers' representative and Sellers' representative shall be the quantity and quality for the purpose of the certificate(s). If any difference arises between Buyers' representative and Sellers with regard to the loaded quantity and quality, it shall be settled by an expert appointed under Article 16 of Part 1. The Inspector decision of such expert shall take be final and retain two sealedbinding upon both Buyers and Sellers; but pending such decision, labelled the quantity and dated samples from vessel tanksquality as ascertained by Sellers' representative shall be used for the purpose of the telex, discharging cable or facsimile referred to in Article A.1 of this Part 2. Unless otherwise specifically agreed, all costs incurred by Buyers in respect of their representative shall be borne by Buyers and any delays occasioned by such inspection resulting in demurrage at the loading line and receiving tanks port shall be for each grade the sole account of products delivered under this AgreementBuyers. f) On every occasion A.4 A sufficient quantity of the Inspector takes any other relevant representative samples shall be correctly taken at each loading port and kept in accordance with the internationally recognised methodology and procedures described in this Agreement, the Inspector shall take two further samples which shall be sealed, labelled, dated and retained. STIL, ICI or their respective representatives may instruct the Inspector to take and retain other samples. The Inspector shall be instructed to retain samples for at least 90 days from completion of discharge or loading date and may be instructed to retain them for a longer period by ICI or STIL or their respective representativespractice. g) ICI will give or will procure that STIL's representative and the Inspector are given full access to and copies of the latest records covering the maintenance, calibration and proving of all equipment used to determine the quantity of products discharged or loaded in order to record that such equipment is in the opinion of the Inspector and STIL's representative in a suitable condition to determine accurately the quantity of Products discharged or loaded. h) For products delivered from STIL's vessel directly into static shore tanks (that is shore tanks to or from which no products are being pumped other than the products being delivered under this Agreement) and where metering facilities are not available, or where in the opinion of the Inspector the meter did not perform in accordance with API MPMS Chapter 5, or where the meters were not proven for that delivery in accordance with API MPMS Chapter 4, the quantity of products shall be based on discharge port shore tank gaugings in accordance with API MPMS Chapter 3. For ICI Products delivered to STIL's vessel directly from ICI's static shore tanks (that is shore tanks to or from which no products are being pumped other than the products being delivered under this Agreement) and metering facilities are not available, or where in the opinion of the Inspector the meter did not perform in accordance with API MPMS Chapter 5, or where the meters were not proven for that delivery in accordance with API MPMS Chapter 4, the quantity of products shall be based on loading port shore tank gaugings in accordance with API MPMS Chapter 3. i) For products delivered from STIL's vessel directly into active shore tanks (shore tanks where products are being pumped out of the tank during delivery hereunder) and where no correctly functioning or proven discharge port meters are available in accordance with Clause 10(a) above, the quantity of products shall be that determined at the load part as evidenced by certificates of quantity (or bills of lading where certificates of quantity are not available) and in accordance with measurement, sampling and testing used at the load port. The Inspector will be instructed to indicate on the documents showing the quantity of products issued under Clause 10(c) that the products were delivered into active shore tanks. j) For products delivered to STIL's vessel directly from active shore tanks (shore tanks where products are being pumped out of the tank during delivery hereunder) and where no correctly functioning or proven loading part meters are available in accordance with Clause 10(a) above, then the quantity of products shall be that determined at the discharge port as evidenced by certificates of quantity (or bills of lading where certificates of quantity are not available) and in accordance with measurement, sampling and testing used at the discharge port. The Inspector will be instructed to indicate on the documents showing the quantity of products issued under Clause 10(c) that the products were delivered from active shore tanks. k) Temperature measurements shall be taken by manual measurement of shore tanks in accordance with API MPMS Chapter 7. Where metering facilities are used for quantity determination, temperature measurement shall be taken at the metering manifold using integral temperature compensators or by manually integrating temperature over the discharge or loading. The quantity of products shall be adjusted to volume at 60F in accordance with Table Number 6A of ASTM-IP Petroleum Measurement Tables (ASTM designation D-1250. IP designation 200) or such other measure as determined in a definitive agreement.