Sampling and Analysis Sample Clauses
The "Sampling and Analysis" clause defines the procedures and standards for collecting and testing samples, typically of materials, substances, or environmental media, to ensure compliance with contractual or regulatory requirements. It outlines who is responsible for taking samples, the methods to be used, and the frequency or timing of sampling, as well as how results are to be reported and interpreted. This clause is essential for providing objective, verifiable data to confirm that materials or conditions meet specified standards, thereby reducing disputes and ensuring quality control.
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Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered her...
Sampling and Analysis. On arrival the company shall arrange for samples to be taken in duplicate from each delivery in accordance with the method laid down in the FOSFA standard contractual method list as amended from time to time, whether rejected or accepted, and to be analysed for oil, moisture, admixture, erucic and free fatty acids where applicable and the results passed to the member within 21 days of the end of the fortnightly period of delivery. Duplicate samples to be retained, as members or the company may call for a check analysis by FOSFA International, London or, by any analyst approved by FOSFA International or, if mutually agreed by an analyst not formally approved by ▇▇▇▇▇ International, whose analysis shall be final (providing such a request is made by the claimants within two months of the date of delivery of the goods). Any requests for an official retest must be made in writing to United Oilseeds head office. The cost of check analysis to be for the company provided that the analysis varies from the original test by more than 0.80% for oil or moisture or 0.40% for admixture. If the retest is within these tolerances, costs of check analysis to be for the party who called for the check. All duplicate samples to be retained by the final buyers for 2 months from the date of delivery. The check analysis shall be carried out in accordance with the methods laid down in FOSFA's Standard Contractual methods List : Oil and FFA - FOSFA Official method, Moisture, ISO 665.
Sampling and Analysis. Caltrans shall submit to DTSC a sampling and analysis summary that describes sampling activities and analytical methods typically used to characterize potential contamination at highway projects within 60 days of the Effective Date of the Agreement. /// 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Sampling and Analysis. The provisions of Article 6 of the 2015 CSA (other than quality specifications and without regard to cross-references to other provisions of the 2015 CSA) shall apply, and shall replace any provisions of the Original Agreement regarding sampling and analysis or the other matters addressed in Article 6 of the 2015 CSA, in their entirety.
Sampling and Analysis. Each daily shipment of coal shall be sampled and analyzed within twenty-four (24) hours of delivery to the Plant. Such analysis of the coal designated for delivery to Buyer shall be undertaken as a "quick analysis" by an independent laboratory acceptable to Buyer. Seller shall furnish the results of such analysis by facsimile transmission to the Warrick Power Plant at (812) 491-4701, within twenty-four (24) ho▇▇▇ ▇▇ delivery to the P▇▇▇▇. ▇▇▇▇ ▇▇▇lyses shall govern for the purposes of determining compliance with the quality specifications required under this Agreement, except as otherwise provided herein below:
A. All sampling and analysis shall meet ASTM Standards. Seller shall retain sample splits at Seller's Mine for a period of ninety (90) days. Upon Buyer's request, the retained sample split shall be sent to an independent laboratory for analysis and the results of such analysis shall govern as to the quality of the coal shipment as to which such sample pertains.
B. Sampling and analysis shall be performed on not greater than 1,500-ton batches.
C. If it is determined that samples have been obtained incorrectly, Seller and Buyer shall attempt to determine the effect, if any, on quality determinations as the same may apply to the price for coal paid by Buyer with respect to samples previously used by Buyer and Seller in their analyses. If required, a reasonable adjustment shall be made in amounts invoiced and payments made to compensate for any differences in the gross calorific value of coal tested versus that of the coal which should have been tested. If it is determined that sample analyses are in error, whether due to improper preparation of samples to be analyzed, faulty analytical equipment, or faulty laboratory methods, an appropriate adjustment shall be made in amounts invoiced and payments made to correct for errors in gross calorific values determined by the sample analyses. However, no adjustment hereunder shall be retroactive for a period in excess of ninety (90) days prior to either (i) the date that either party first questioned in writing the correctness of the sampling procedures or the accuracy of the sample analyses, or (ii) the date that the inaccuracy was first determined, whichever was the earlier date.
D. Coal not complying with the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. At the option of the Buyer, acceptance of non-conforming coal may be conditioned upon reduction...
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed at Seller's expense at the Mine by an independent commercial testing laboratory ("Independent Lab") mutually selected by Buyer and Seller. The results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in accordance with American Society of Testing Materials ("A.S.T.M.") or other mutually agreed to specifications. Samples for analysis shall be taken in accordance with A.S.T.M. standards, may be composited, and shall be taken with a frequency and regularity sufficient to provide accurate representative samples of the deliveries made hereunder. Each sample shall be divided into 3 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by the Independent Lab, one part shall be made available to Buyer as a check sample, if Buyer in its sole judgment determines it is necessary, and one part ("Referee Sample") shall be retained for a period of 30 days. Buyer shall be given timely and routine copies of all analyses made by the Independent Lab. Seller will fax results and relevant coal quality information to Buyer's designee and to its Plant Manager, 24 hours prior to shipment. Buyer, on reasonable notice to Seller shall have the right to have a representative present to observe the sampling and analysis. Unless Buyer requests a Referee Sample analysis, the Independent Lab analysis shall be used to determine the quality of the coal delivered hereunder.
Sampling and Analysis. Unless otherwise agreed, representative samples of the product shall be drawn from 10% of the total quantity of the packed products selected at random by independent surveyors at Seller’s premises. The sample so drawn shall be in quadruplicate (1 for contractual analysis, 1 for the shipper and 2 to be retained by the surveyors) of the product, at time of weighing. Buyer has the right to be represented at his own cost at time of sampling at Seller’s premises to draw samples jointly with Seller’s representatives. If Buyer is so represented only samples drawn and sealed jointly shall be accepted as official contract samples for analysis purposes. In the event of any dispute on quality analysis, the samples retained by the surveyors shall be referred to the Malaysian Palm Oil Board (MPOB) laboratory, whose analysis shall be final. The samples shall be retained for a duration of 3 months from the date of ▇▇▇▇ of Lading unless otherwise agreed.
Sampling and Analysis a. Contractor’s samples shall be used for the quality adjustment(s) for each quarter under Section 8, Adjustments for Quality, provided all samples for such quarter meet all criteria below:
(i) Ninety-five percent (95%) of shipments shall have been sampled and analyzed in accordance with the methods described in the latest published edition of the Annual Book of ASTM Standards, volume 05.06. Samples must have been collected utilizing mechanical systems meeting ASTM D 7256 / D 7256 M-06 Type I, Condition B, , which have been shown to be free of bias within the past year. The bias testing procedure and precision used must be approved by TVA. Systems will be subject to a critical inspection according to ASTM D4702 prior to approval. Analysis procedures used should be as follows unless otherwise approved in writing by TVA: Parameter Method Residual Moisture ASTM D 3173 or 5142 Ash ASTM D 3174 or 5142 Sulfur ASTM D 4239 Btu ASTM D 5865 Note if ASTM D 3173 is used for Residual Moisture, ASTM D 3174 must be used for Ash. Conversely, if ASTM D 5142 is used for Residual Moisture, ASTM D 5142 must be used for Ash.
(ii) Sample analysis and other data required by TVA to match data with shipment shall be provided to TVA in a format approved by TVA.
(iii) The lot size for each sample shall be by barge for barge coal, by trainload for rail coal, and by daily delivery for truck coal.
(iv) Analysis for each sample shall have been received by TVA by electronic data interchange within seven (7) days of collection of said sample.
(v) The sampling system shall be located in an area acceptable to TVA such that the sample collected for shipment is collected only from coal that is loaded for said shipment. If Contractor fails to sample ninety-five percent (95%) and TVA samples twenty percent (20%) or more of the tonnage received, and if any of Contractor’s samples for the affected quarter do not meet all of the above criteria, TVA samples shall be used for said quarterly adjustment(s). If TVA samples less than twenty percent (20%) of the tonnage received and any of Contractor’s samples do not meet all of the above criteria, no adjustment for quality will be made for said quarter.
b. In the event Contractor’s mechanical sampling system is not operating due to mechanical, electrical, or operational failure, Contractor shall notify TVA and the parties shall agree upon an alternative method of sampling.
c. Contractor agrees to ensure that all sampling equipment is properly maintained...
Sampling and Analysis. 7.01 Seller shall cause, at its expense, the Coal in each unit train to be sampled and analyzed at the individual mine in accordance with applicable ASTM standards. Buyer shall have the right, at its own risk and expense, to have a representative present at any and all times to observe sampling and analysis procedures. All samples shall be divided into three (3) parts and put in suitable airtight containers. One part shall be furnished to Buyer or its designee for its analysis, one part shall be retained for analysis by Seller or its designee (which analysis shall be the basis for payment), and the third part shall be retained by Seller or its designee in one of the aforesaid containers properly sealed and labeled for a period thirty (30) days after the date of sample collection. Buyer’s samples are to be clearly labeled as to mine, date of sampling, date of preparation, and other identification as to shipment (such as train identification number) and are to be sent within forty-eight (48) hours of train loading to the address listed below unless a different address is provided by Buyer in the Confirmation or otherwise in writing. Seller shall cause the following data, subject to future adjustment, to be provided to Buyer by a mutually agreed upon method of electronic data transmission within forty-eight (48) hours of train loading: tonnage (gross, net, and tare average for each railcar and the unit train in total), and the average calorific value, % moisture, % ash, % sulfur, and % Na2O in ash (if set forth in the Confirmation), (the “Short Proximate Analysis”). Any additional analysis requested by Buyer that exceeds the information provided in the Short Proximate Analysis shall be at Buyer’s expense. Mailing address for sample splits: Big Stone Plant P.O. Box 218 4▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇
7.02 In the event a dispute arises between Buyer and Seller within thirty (30) days of Seller’s analysis due to a difference between Buyer and Seller’s short proximate analyses of a sample that exceeds the ASTM interlab repeatability limits, an independent testing laboratory, mutually agreeable to Buyer and Seller, will be retained to analyze the third part of such sample. The Party whose calorific value analysis is closest to the independent analysis shall prevail and such Party’s calorific value analysis shall govern for the trainload in question. In such case, the cost of the analysis made by such independent testing laboratory will be borne by the ...
Sampling and Analysis. The Sampling Party shall sample the Coal or shall provide for the Coal to be sampled as it is loaded into each barge or unit train and analyze the sample(s) so obtained for calorific value per pound, percent moisture, percent ash, and percent sulfur. Sampling and weighing shall be done at the same location. The Sampling Party shall notify the Non-Sampling Party and the consigned destination of the short proximate (Btu per pound, percent moisture, percent ash, and percent sulfur content) analytical results of each barge. The Sampling Party's notification shall include its weight determination and the identifying number of each barge or unit train shipped, and shall be provided within 24 hours after the Coal is loaded into barges or railcar for shipment, or within 36 hours should the barge or railcar be loaded on a Saturday. The Sampling Party’s analysis shall be reported to the recipients designated by and in the manner specified by the Non-Sampling Party.