Quality Determination. 6.1 The weighting and sampling during unloading is shall be carried out by the buyer respective on receipt at a different unloading berth by the warehouse keeper.
Quality Determination. 10.1 Where the commodity has been sold delivered to the BUYER's nominated store, basis DAP or DDP, and fails on an immediate inspection conducted by the Receiver to meet the quality as specified herein, the Receiver shall not unload the commodity, and shall not i f y the SELLER as soon as possible, but no later than 24 hours from arrival of the commodity. Failure of the Receiver to give such notice, as required, shall preclude the BUYER from claiming for deficiency of quality against the SELLER, where such deficiency would or should have been apparent on reasonable inspection. The SELLER shall be allowed 24 hours from time of the notice of deficiency being given to inspect the commodity to verify the quality. If the SELLER does not do so, he shall be deemed to accept the Receiver's findings as to quality. Should the SELLER and the BUYER fail to agree on the quality of the commodity, a second sample shall be drawn in accordance with the Agricultural Products Standards Act 1990 (and any amendments thereof or replacement Acts) with a suitable double tube probe in the case of bulk deliveries, or a suitable bag-probe in the case of deliveries in bags, or by such other method and by such person or persons agreed to by the parties. Such sample shall be sealed and shall bear on the label all relevant information required for analysis. All analysis shall be done by an independent analyst/surveyor agreed to by the parties or else nominated by the AFSA Secretariat. The results so determined shall be final and binding upon the parties. If allowances resulting from this analysis cannot be mutually agreed by the parties the matter shall be submitted to arbitration for determination in terms of clause 15. All costs of sampling and analysis shall be borne by the defaulting party.
Quality Determination. (a) After loading Hawaii Electric Light's nominated barge with Product destined for Chevron’s Facility, an independent inspector shall take a minimum of three (3) sealed vessel composite samples of each Product from the delivering barge with one part for the Chevron Facility’s designated laboratory for Chevron’s retention, one part for Hawaii Electric Light’s designated laboratory for testing, which shall be Hawaiian Electric’s laboratory and one to be retained by the Independent Inspector for a period of not less than three (3) months for any quality discrepancies.
Quality Determination. Except as otherwise provided in a Schedule, the quality of the Product shall be determined in accordance with the latest established API/ASTM standards.
Quality Determination. (a) All samples, measurements and determinations drawn, taken and made, respectively, under this Section 6.4 shall be for Fuel in Seller’s tank prior to Pipeline Delivery, however the quality determination for MATS Fuel Deliveries will be based on […]. All such samples shall be considered Final Sample and will be drawn by Seller unless Hawaiian Electric elects to have samples drawn under the supervision of the Independent Inspector. Seller and Hawaiian Electric will share equally the cost of the Independent Inspector
Quality Determination. Quality determination of all Crude Oil unloaded shall be based on a qualified laboratory’s analyses performed on representative sample obtained by the flow-proportional in-line sampler that performs according to API MPMS 8.2. If the flow-proportional in-line sampler is not available or if it malfunctions, Holdings and Company shall agree on alternate custody transfer samples sources. -C 13-
Quality Determination. 3.8.1. Where the commodity has been sold delivered to the BUYER's nominated store, basis DAP or DDP, and fails on an immediate inspection conducted by the Receiver to meet the quality as specified herein, the Receiver shall not unload the Product, and shall notify the SELLER as soon as possible, but no later than 24 hours from arrival of the commodity. Failure of the Receiver to give such notice, as required, shall preclude the BUYER from claiming for deficiency of quality against the SELLER, where such deficiency would or should have been apparent on reasonable inspection. The SELLER shall be allowed 24 hours from time of the notice of deficiency being given to inspect the Product to verify the quality. If the SELLER does not do so, he shall be deemed to accept the Receiver's findings as to quality.
Quality Determination. The determination of API Gravity and BS&W content shall be made of each shipment of Crude Oil. BS&W content and API Gravity shall be determined according to standard international practices acceptable to the relevant Government authorities.
Quality Determination. Seller (at its cost) shall determine the quality of Product by sampling and/or testing according to tests and test methods as defined in the Specifications at the place of loading or if such Specifications do not contain Seller’s applicable tests and test methods, by sampling and testing according to Seller’s customary tests and test methods at the place of loading. In addition, if the vessel used to ship the Product is not dedicated to the shipment of butadiene, Seller shall follow CONFIDENTIAL TREATMENT REQUESTED WITH RESPECT TO CERTAIN PORTIONS HEREOF DENOTED WITH “***” its normal procedures as may be necessary to inspect and clean the vessel prior to loading so the vessel is in a condition that is appropriate for the shipment of Product. In the event that Buyer has cause to complain that the quality of Product loaded on the barge or in the railcar to it pursuant to this Contract does not comply with the applicable Specifications, Buyer shall immediately after the date when the non-compliance was discovered or reasonably should have been discovered, but no later than ninety (90) calendar days after the loading date, give written notice to Seller specifying the nature of its complaint. The Parties agree to negotiate in good faith in respect of any complaint notified to Seller in accordance with this provision. In the absence of any agreement to resolve the complaint, the Parties shall appoint a mutually acceptable independent surveyor to investigate whether the quality of Product as loaded on the barge complied with the Specifications (or, if the Parties cannot agree, any recognized regional or global independent surveyor chosen by Seller). The results of the measurements, sampling and testing by the independent surveyor under this provision with respect to quality shall, in the absence of fraud or clear error, be final and binding as to the quality of the Product loaded. Each Party shall bear its own internal costs associated with any quality dispute, but the costs of any third party to investigate a quality issue under this provision shall be charged to Buyer and Seller on a 50/50 basis.
Quality Determination. 9.1 Quality of Product shall be determined by reference to each delivery when taken as a whole.
