Determination of Quantity and Quality. 3.1 The quantity of the Product delivered under the CIF Port of Omisalj basis shall be determined at Load port in accordance with Load port installation procedure as per Local practice at the time of loading. Such determination shall be withessed and/or certificated by an Independent Inspector muttualy agreed by the Buyer and Seller and appointed by the Seller. The determinations made in accordance with above clause shall be set out in a Certificate of Quality and Quantity and will be final,conclusive and binding for both Parties save fraud or manifest error. The net quantity to be invoiced shall be the xxxxx Xxxx of Lading quantity minus straight deduction of water and sediments, set out in a Certificate of Quality issud at the Load port based on shore result. The net quantity in metric tons VAC as per Bill of Lading quantity will be converted into net US Barrel (rounded down to 3 decimal places) according to the local figures. 3.2 The quantity of the product delivered under the DES Port of Omisalj basis shall be determinated by measurement, sampling and testing carried out and in accordance with the standard practice of Discahage port at the time of discharging . Such determination shall be withessed and/or certificated by an Independent Inspector muttualy agreed by the Buyer and Seller and appointed by the Buyer. The determinations made in accordance with above clause shall be set out in a Certificate of Quality and Quantity and will be final,conclusive and binding for both Parties save fraud or manifest error. The net quantity to be invoiced shall be calculated as gross quantity minus straight deduction of water and sediment, set out in a Certificate of Quality issud by the Independent Inspector according to the Discharding terminal practice. 3.3 For In Tank delivery basis the quantity of the Product shall be determined at the tank by the tank or Terminal operator in accordance with the standard practice of the tank farm or Terminal and set out in the Protocol on the delivered/received quantity. Such determination shall be witnessed and/or certified by an Independent Inspector mutual agreed by the Buyer and the Seller. All costs and expenses of the independent inspector shall be borne by the Seller and the Buyer in equal shares. 3.
Determination of Quantity and Quality. The quantity and quality of product(s) sold hereunder shall be for all purposes conclusively deemed to be the quantity and quality set forth in Seller’s document of delivery unless, within seventy-two (72) hours of the time of delivery, Purchaser delivers to Seller written notice of any claimed shortage in quantity or claimed deviation in quality, or where discovery of any such shortage or deviation could not reasonably have been discovered by careful inspection at the time of delivery, within three (3) days after discovery. Purchaser’s written notice, or the absence thereof, shall be conclusive with respect to the fact of and the time and date of notice under this paragraph. Time is of the essence in complying with this provision.
Determination of Quantity and Quality. Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at Seller’s Facilities. Each device provided for in this Paragraph C.23 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of m...
Determination of Quantity and Quality. The quantity and quality Delivered by marine vessel shall be determined in the manner specified in Section 7.2, Section 7.3 and Section 7.4 of this Contract, except as follows:
Determination of Quantity and Quality. 6.1 Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship.
Determination of Quantity and Quality. The quantity and quality of products sold hereunder shall be for all purposes conclusively deemed to be the quantity and quality set forth in Seller's documents of delivery unless within seven (7) days of the date of delivery Buyer delivers to Seller written notice of any claimed shortage in quantity or claimed deviation in quality. Time is of the essence in complying with this provision.
Determination of Quantity and Quality. For the purpose of this Agreement, a barrel shall consist of forty-two (42) U.S. gallons and a gallon shall contain two hundred thirty-one (231) cubic inches when corrected to 60° DF. All measurements shall be in accordance with API standards. All measured volumes shall be adjusted to those conditions in accordance with the latest ASTM or API test methods.
Determination of Quantity and Quality. (a) The quality and quantity of product Supplied by Seller to Buyer shall be determined by an Independent Inspector. The Independent Inspector’s determinations as to quantity, quality and line displacements shall be binding on both Parties and shall form the basis for invoicing, except for cases of manifest error or fraud. If a Cargo is Supplied using the Supply Point Method, the costs of any Independent Inspector engaged pursuant to the terms of this Agreement shall be [REDACTED]. If a Cargo is Supplied using the Execution Method, then [REDACTED] pursuant to the terms of this Agreement. If the Parties are ever unable to agree on an Independent Inspector, Seller shall have the right, in good faith, to designate an entity as the Independent Inspector, provided such entity has been approved by US Customs. Each Party shall provide or cause to be provided to the Independent Inspector all necessary rights of access.
Determination of Quantity and Quality. (a) The quality and quantity of product Supplied by Seller to Buyer shall be determined by an Independent Inspector. The Independent Inspector’s determinations as to quantity, quality and line displacements shall be binding on both Parties and shall form the basis for invoicing, except for cases of manifest error or fraud. The costs of any Independent Inspector engaged pursuant to the terms of this Agreement shall be [REDACTED]. If the Parties are ever unable to agree on an Independent Inspector, Seller shall have the right, in good faith, to designate an entity as the Independent Inspector, provided such entity has been approved by US Customs. Each Party shall provide or cause to be provided to the Independent Inspector all necessary rights of access.
Determination of Quantity and Quality. The quantity and quality of Products sold hereunder shall be for all purposes conclusively deemed to be the quantity and quality set forth in Global’s documents of delivery unless:
