QUANTITY CLAIMS Sample Clauses
QUANTITY CLAIMS. (a) Any quantity claim must be submitted within 6 calendar months from the date of shipment from the place or port of landing. Unless otherwise agreed in writing, any quantity claim must be sent to the Seller by email, registered mail or courier (for example, FedEx, UPS, Airborne Express, or similar).
(b) Any quantity claim must be notified in accordance with Clause 16.7 and submitted in one original and shall contain the following information:
(i) number of the Specification to which it relates;
(ii) number of pieces or weight of the Material in the respect on which the quantity claim is submitted;
(iii) reference to the relevant shipping documents, e.g. B/L, FCR, CMR, invoice packing list;
(iv) the marking of the Material; and
(v) a detailed description of the alleged non-conformities of the Material.
(c) Any quantity claim must be supported by the following documents:
(i) copy of the calibration certificate of weighing machinery at the place or port of discharge, if weight is used to measure quantity and if requested by the Seller, all the aforementioned documents shall be presented in or translated into English, unless said documents were provided by Seller; Seller provided documents may be presented in English or in whatever language the Seller provides them to the Buyer.
(d) In the event of a proven difference between the invoiced and the received Material weight, a deductible franchise of 0.5% will be applicable. Only a difference outside of the deductible franchise can be reimbursed and shall give the Buyer rise to a claim. Such quantity claim will be settled through the submission of a respective debit note to the Seller. The relevant debit note will be settled within 30 calendar days after receiving the relevant debit note in case of Buyer’s claim is raised within above stated time period and it is supported by required documents. The Parties will reflect their agreement in a pertinent settlement agreement or the Buyer may deduct such an amount from any invoice.
(e) Should the Seller dispute any difference in quantity and such difference is outside of 0.5% of the franchise, the Seller shall inform the Buyer accordingly and the Parties shall—after the presentation of the claim by the Buyer—jointly endeavour to resolve the dispute. Each party shall document their evidence but the Buyer shall be entitled to process, sell, and ship the Material in dispute before the dispute is resolved.
(f) Should the Buyer fail to notify a quantity claim within the ...
QUANTITY CLAIMS. (a) The Buyer shall not be entitled to make any Quantity Claims against the Seller or the Supplier unless the conditions in clause 9.1(b) are met and the Quantity Claim is either:
(i) that Marine Fuel delivered was not measured in accordance with clause 6(a); or
(ii) a claim of fraud or material inaccuracy by the Seller or the Supplier as to the quantity of Marine Fuel delivered.
(b) The Buyer or Master shall:
(i) dispute the quantity of Marine Fuel measured as delivered and specified in the BDN on the Date of Delivery, if the claim is a claim pursuant to clause 9.1(a)(i);
(ii) issue a Letter of Protest and hand the Letter of Protest to the Seller or the Supplier on the Date of Delivery with respect to claims pursuant to clause 9.1(a)(i) and 9.1(a)(ii); and
(iii) formally notify the Seller of its claim, in writing, within fourteen (14) calendar days of the Date of Delivery, together with sufficient evidence to support its claim.
QUANTITY CLAIMS. Provided the quantity delivered is measured in accordance with Clause 6(a), there shall be no claim regarding quantity save in case of fraud or manifest error. In case of alleged fraud on the Supplier's part or manifest error on the Supplier's/Seller's part, all quantity claims shall be barred and absolutely waived unless three cumulative conditions are met:
(a) the Master claused the BDN disputing the quantity measured as delivered, and providing the Buyer's case as to the actual quantity delivered;
(b) the Master issued a letter of protest and handed the same over to the Seller or its representative on the day of the delivery;
(c) the Buyer formally notifies its claim in writing to the Seller with evidence of manifest error or fraud within 14 calendar days of the delivery date. Absent these three conditions being satisfied, all quantity claims shall be barred and absolutely waived.
QUANTITY CLAIMS. Any dispute on the part pertaining to the quantity of the Marine Fuels delivered must be noted at the time of delivery in accordance with section 9(c) and a claim for such quantity dispute must be presented to Seller as soon as possible and in any event within the earlier of the time required pursuant to applicable law or fourteen (14) days after the date of delivery, failing either or both of which all such claims shall be deemed to be waived and forever barred. Any dispute as to quantity of Marine Fuels shall be determined finally and conclusively, save for instances of manifest error or fraud, by an independent expert appointed jointly by ▇▇▇▇▇ and Seller.