QUANTITY AND QUALITY DETERMINATION a) Quantity shall be determined by the Seller or its providers from the gauge or meter on shore or from the ullage of the tanks of the barge or truck. This determination shall be conclusive, but Buyer shall have the right to be present or be represented by an independent petroleum surveyor at the time of the measurement. If agreed by the Seller and the Buyer in advance, the surveyor's measurement of the barge or pipeline’s outturn shall be conclusive. Volume shall be adjusted to 60°F, or to 15°C, at Seller's option, according to existing ASTM-IP Petroleum Measurement tables currently called ASTM D-1250-80 (IP200/52) or the equivalent API standard currently called MPMS Chapter 11.1. Complaints about quantity shall be made to Seller's or its suppliers’ representative at the time of the delivery and confirmed in writing within two(2) days maximum, after delivery.
QUANTITY AND QUALITY DETERMINATION. 4.1 All measurement & sampling equipment, procedures, calculations, and practices (whether performed by an Independent Inspection Company (“IIC”) or by terminal personnel) shall be performed in conformance with the API Manual of Petroleum Measurement Standards (MPMS), ASTM, National Institute of Standards and Technology (NIST) and Gas Processors Association (GPA) Technical Standards and Publications in their latest revision. Volumes shall be adjusted from observed conditions to standard volumes and weight in accordance with the latest revision of GPA TP-27/API MPMS Chapter 11 (e.g. Table 6B, 24E or 54E, etc. or whichever table is applicable to the commodity being received or delivered).
QUANTITY AND QUALITY DETERMINATION. 3.1 Seller does not warrant that any particular Coke will have the physical characteristics identified in these General Terms and Conditions or any Transaction as “typical.”
QUANTITY AND QUALITY DETERMINATION. 3.1 FOB, CFR and CIF Deliveries - Quality, Quantity and Measurement: The quantity and quality of Product delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) and sampling equipment, procedures, calculations, and practices shall be performed according to the most current International measurement, sampling and analysis standards (American Petroleum Institute (API), Energy Institute Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of Standards and Technology (NIST) and ASTM International f/k/a American Society for Testing and Materials (ASTM)). Each commercial Party shall have the right to witness the measurement and sampling processes, provided adequate notification is given to interested parties. The quantity of Product delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by certified meters or draft survey weights for shipments by Vessel; (ii) by certified meters or certified truck weigh scales for shipments by truck; and (iii) by certified meters or certified railroad weigh scales for shipments by railcars. Quantity as determined by the IIC shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. If, for any reason an IIC is not in attendance or if terminal operating procedures prevail, then quantity as determined by terminal personnel shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. Unless otherwise agreed in the applicable Confirmation, the Parties shall equally share the costs of IICs. Seller shall bear the cost of weighing the Product delivered into Buyer's railcars and trucks.
QUANTITY AND QUALITY DETERMINATION. 3.1 For marine cargoes and Tank-to-Tank Transfers, as the case may be, the quantity of cargo received or delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”). Quantity as determined by the IIC shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. If, for any reason an IIC is not in attendance or if terminal operating procedures prevail, then quantity as determined by Terminal Operator shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. Each Party shall have the right to witness the measurement and sampling processes, provided adequate notification is given to interested Parties. All measurement & sampling equipment, procedures, calculations, and practices shall be performed in conformance with the most current International measurement, sampling and testing standards (API MPMS, The Energy Institute Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of Standards and Technology (NIST) and ASTM). Volumes shall be adjusted from observed conditions to a standard temperature of 60 degrees Fahrenheit and a pressure of one standard atmosphere (14.696 PSIA) in accordance with ASTM D-4311, Table 7 in its latest revision.
QUANTITY AND QUALITY DETERMINATION. Mutually agreed independent inspector’s finding at loading post shall be final and binding on both parties. Save for fraud or manifest error. Such inspection fee at loading port shall be born by seller. Laytime/ Demurrage:
QUANTITY AND QUALITY DETERMINATION. .. 5 Section 5.1 Quantity Determinations; Metering Facilities.................... 5 Section 5.2 Quality Determinations.......................................... 5 Section 5.3 Disclaimer of Warranties........................................ 5 Section 5.4
QUANTITY AND QUALITY DETERMINATION. Notwithstanding the quantity of Products ordered and stated in each Contract, Seller may supply an excess or deficiency of Products of up to 10% of the weight or volume ordered and Buyer shall pay for the quantity so supplied. Seller shall measure, sample and test Products in its customary manner at the loading location to determine the quantity and quality of Products delivered. The results of such measurement, sampling and testing shall be treated, in the absence of fraud or manifest error, as conclusive and binding as to the quantity and quality of Products loaded.
QUANTITY AND QUALITY DETERMINATION. 3.1 For marine cargoes or Tank-to-Tank Transfers, as the case may be, the quantity and quality of cargo received or delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”). Quantity as determined by the IIC shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. If, for any reason an IIC is not in attendance or if terminal operating procedures prevail, then quantity as determined by Terminal Operator shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. Each Party shall have the right to witness the measurement and sampling processes, provided adequate notification is given to interested parties. All measurement & sampling equipment, procedures, calculations, and practices (whether performed by IIC or by the Terminal Operator) shall be performed in conformance with the most current International measurement, sampling and analysis standards (API MPMS, The Energy Institute Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of Standards and Technology (NIST) and ASTM). Volumes shall be adjusted from observed conditions to standard volumes and weight in accordance with the latest revision of API MPMS Chapter 11 (e.g. Table 6B or 54B, etc. whichever table is applicable to that commodity).
QUANTITY AND QUALITY DETERMINATION. Part I. `` _________ Crude Oil'' Determination of quantity and quality of the Crude Oil supplied to the Refinery, pursuant to the provisions of this Agreement, shall be in accordance with the latest API and ASTM standards and principles in effect at the time of supply. All measurements of Crude Oil quantity and quality shall be determined by a mutually acceptable Independent Inspector, appointed by Statoil. The costs of this inspection shall be borne equally between Statoil and Crown.
