Common use of Quantity and Quality Clause in Contracts

Quantity and Quality. Unless otherwise specified in The Agreement, the following means of determining quality and quantity shall apply. If the shipments are by pipeline, mutually acceptable meters at or near the delivery point or tank gauges, as read by the operator at the time of delivery, shall determine the quantity of Product. Quantity shall be measured and determined by Seller or Delivering Party for rail shipments using the gauging tables provided by the rail car manufacturer, magnetic gauges on rail cars, or by weighing rail cars after loading. For truck shipments, quantity shall be measured and determined by Seller or Delivering Party using certified scales weights before and after truck loading, or truck rack meters. For delivery to or from barges or vessels quantity shall be determined by independent inspector, the expenses of which shall be shared equally by Seller and Buyer or by Delivering Party and Receiving Party. The quantity of Product sold or exchanged hereunder, as determined by Seller, Delivering Party, independent inspector, or operator, as applicable, shall be binding on the parties.

Quantity and Quality. Unless otherwise specified in The Agreement, the following means of determining quality and quantity shall apply. If the shipments are by pipeline, mutually acceptable meters at or near the delivery point or tank gauges, as read by the operator at the time of delivery, shall determine the quantity of Product. Quantity shall be measured and determined by Seller or Delivering Party for rail shipments using the gauging tables provided by the rail car manufacturer, magnetic gauges on rail cars, or by weighing rail cars after loading. For truck shipments, quantity shall be measured and determined by Seller or Delivering Party using certified scales weights before and after truck loading, loading or truck rack meters. For delivery to or from barges or vessels quantity shall be determined by independent inspector, the expenses of which shall be shared equally by Seller and Buyer or by Delivering Party and Receiving Party. The quantity of Product sold or exchanged hereunder, as determined by Seller, Delivering Party, independent inspector, or operator, as applicable, shall be binding on the parties.