Common use of QUANTITY AND QUALITY DETERMINATION Clause in Contracts

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 Sell er'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. b) The quality of the marine fuel shall be within the minimum/maximum limits of ORGANIZACIÓN TERPEL S.A. current Marine Fuel Specifications for IFOS and to the technical specifications of the marine diesel issued by ECOPETROL, herein below, which form part of these Standard Terms by reference or as otherwise mutually agreed in writing between Buyer and Seller. THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS OR SUITABILITY OF THE MARINE FUEL FOR ANY PARTICULAR PURPOSE OR OTHERWISE WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. The standards that set the minimum and maximum limits for the marine fuel parameters will be the current ISO 8217. The seller wont be responsible for the qualities of the product once the product is on the buyer tanks of the vessel c) Product sampling shall be carried out by means of continuous drip whenever possible. The Buyer's representative shall have the right to inspect the sampling equipment and will be provided with a representative sample of the delivery that is sealed, labelled and homogeneous. An identical sample will be retained by the Seller or its supplier for thirty (30) days after the delivery. These samples will be the only evidence acceptable for the parties concerning the quality of the marine fuel provided by the Seller to the Buyer. Complaints and/or claims for deficiency in quality must be based on tests made as soon as possible by a mutually acceptable independent laboratory using the abovementioned samples. The cost of any analysis will be USD $1,000 (all included) for any test requested. This charge will be for Buyer account only if test results show off specs product and must be paid immediately after the results. Buyer shall inform Seller of such complaints or claims by means of a protest claim as soon as possible, but in no event later than fifteen days (15) days from the date of delivery.

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 Sell erSeller'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. 111.1. 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. b) The quality of the marine fuel shall be within the minimum/maximum limits of ORGANIZACIÓN CI TERPEL S.A. COMBUSTIBLES SAS current Marine Fuel Specifications for IFOS and to the technical specifications of the marine diesel issued by ECOPETROL, herein below, which form part of these Standard Terms by reference or as otherwise mutually agreed in writing between Buyer and Seller. THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS OR SUITABILITY OF THE MARINE FUEL FOR ANY PARTICULAR PURPOSE OR OTHERWISE WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. The standards that set the minimum and maximum limits for the marine fuel parameters will be the current ISO 8217. The seller wont be responsible for the qualities of the product once the product is on the buyer tanks of the vessel c) Product sampling shall be carried out by means of continuous drip whenever possible. The Buyer's representative shall have the right to inspect the sampling equipment and will be provided with a representative sample of the delivery that is sealed, labelled and homogeneous. An identical sample will be retained by the Seller or its supplier for thirty (30) days after the delivery. These samples will be the only evidence acceptable for the parties concerning the quality of the marine fuel provided by the Seller to the Buyer. Complaints and/or claims for deficiency in quality must be based on tests made as soon as possible by a mutually acceptable independent laboratory using the abovementioned samples. The cost of any analysis will be USD $1,000 (all included) for any test requested. This charge will be for Buyer account only if test results show off specs product and must be paid immediately after the results. Buyer shall inform Seller of such complaints or claims by means of a protest claim as soon as possible, but in no event later than fifteen days five (155) days from the date of delivery.

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 Sell erSeller'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. 111.1. 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. b) The quality of the marine fuel shall be within the minimum/maximum limits of ORGANIZACIÓN TERPEL S.A. current Marine Fuel Specifications for IFOS and to the technical specifications of the marine diesel issued by ECOPETROL, herein below, which form part of these Standard Terms by reference or as otherwise mutually agreed in writing between Buyer and Seller. THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS OR SUITABILITY OF THE MARINE FUEL FOR ANY PARTICULAR PURPOSE OR OTHERWISE WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. The standards that set the minimum and maximum limits for the marine fuel parameters will be the current ISO 8217. The seller wont be responsible for the qualities of the product once the product is on the buyer tanks of the vessel c) Product sampling shall be carried out by means of continuous drip whenever possible. The Buyer's representative shall have the right to inspect the sampling equipment and will be provided with a representative sample of the delivery that is sealed, labelled and homogeneous. An identical sample will be retained by the Seller or its supplier for thirty (30) days after the delivery. These samples will be the only evidence acceptable for the parties concerning the quality of the marine fuel provided by the Seller to the Buyer. Complaints and/or claims for deficiency in quality must be based on tests made as soon as possible by a mutually acceptable independent laboratory using the abovementioned samples. The cost of any analysis will be USD $1,000 (all included) for any test requested. This charge will be for Buyer account only if test results show off specs product and must be paid immediately after the results. Buyer shall inform Seller of such complaints or claims by means of a protest claim as soon as possible, but in no event later than fifteen days five (155) days from the date of delivery.