Off-Specification definition
Examples of Off-Specification in a sentence
In the event Off-Specification Product is delivered by the Company or the Company Designee, and in the reasonable opinion of the Operator, the Services are unable to be provided as a result of the Off-Specification Product (whether due to a failure to comply with law, safety considerations or otherwise), the Operator shall notify the Company and the Company shall be responsible for taking possession of such Off-Specification Product without the Services being provided.
The Off-Specification Notice must, as far as reasonably possible, identify how the Off-Specification Gas differs from the Specification, the quantity of the Off-Specification Gas and (in the case of a notice given by the Delivering Participant) the expected duration of the supply of Off-Specification Gas.
Notwithstanding the approval of Other Shippers and/or Other Users, Terminal Operator shall be entitled to refuse to accept the Off-Specification LNG.
The quality of the redelivered Natural Gas, insofar accepted by Terminal Operator at the Delivery Point, shall not be further out of compliance for the parameters for which the LNG was Off-Specification LNG and the Natural Gas shall not be out of compliance for any parameters for which the LNG was in compliance with the Specification for the Delivery Point.
If however defuelling of Buyer’s Aircraft is necessary due to Seller’s fault or negligence (e.g. delivery of Off-Specification and/or Contaminated Fuel or delivery of a larger quantity than agreed upon), Seller or its Deliverer shall defuel Buyer’s Aircraft, at Buyer’s request and at Sellers sole cost and expense.
Upon the Operator’s request and subject to the receipt of any permits required by Applicable Law, the User shall reload any Off-Specification LNG onto an LNG Vessel and dispose of such LNG on its own accord.
Thereafter, if Terminal Operator cannot despite the use of its reasonable endeavours accept the Off-Specification LNG, Terminal Operator shall be entitled to request Shipper to cause the LNG Ship to promptly leave the LNG Terminal provided the master of the LNG Ship can do so safely (which actions may include but not be limited to rearranging of the LNG cargo within the LNG Ship).
Client shall be entitled to either (i) accept such Off-Specification LNG in which case Terminal Operator could in no case be held liable for any damages incurred by the Client due to such non compliancy or (ii) to refuse the Off-Specification LNG.
This GC 3.3.2 shall also apply if Terminal Operator has accepted Off-Specification LNG from Other Shipper(s) or Other User(s) under GC 3.2.4 without consulting with Shipper or after Shipper has refused to allow Terminal Operator to commingle its LNG already within the LNG Terminal with such Off Specification LNG.
Notwithstanding the previous sentence, Terminal Operator shall use its reasonable endeavours, with the existing installations and provided Terminal Operator shall not incur any costs other than those, which Shipper shall reimburse pursuant to this section, to accept such Off-Specification LNG and to redeliver Natural Gas that complies with the Specification for the Redelivery Point.