Common use of Product Quality Clause in Contracts

Product Quality. (a) Product Specifications of Delivered Products. Customer warrants that all Products delivered under this Agreement and any Terminal Service Order shall meet the latest applicable pipeline specifications or mutually agreed upon specifications for that Product upon receipt at the Terminal and contain no deleterious substances or concentrations of any contaminants that may make it or its components commercially unacceptable in general industry application. Customer shall not deliver to the Terminal any Products which: (i) would in any way be injurious to the Terminal; (ii) would render the Terminal unfit for the proper storage of similar Products; (iii) would contaminate or otherwise downgrade the quality of the Products stored in commingled storage; (iv) may not be lawfully stored at the Terminal; or (v) otherwise do not meet applicable Product specifications for such Product that are customary in the location of the Terminal. If, however, there are Products that do not have such applicable specifications, the specifications shall be mutually agreed upon by the Parties. Should Customer’s commingled Products not comply with the minimum quality standards set forth in this Agreement or any Terminal Service Order, Customer shall be liable for all loss, damage and cost incurred thereby, including damage to Products of third parties commingled with Customer’s unfit Products.

Product Quality. (a) Product Specifications of Delivered Products. Customer Tesoro warrants that all Products delivered under this Agreement and or any Terminal Service Purchaser Order shall meet the latest applicable pipeline specifications or otherwise mutually agreed upon specifications for that Product upon receipt at the applicable Terminal and contain no deleterious substances or concentrations of any contaminants that may make it or its components commercially unacceptable in general industry application. Customer Tesoro shall not deliver to any of the Terminal Terminals any Products which: (i) would in any way be injurious to any of the TerminalTerminals; (ii) would render any of the Terminal Terminals unfit for the proper storage of similar Products; (iii) would contaminate or otherwise downgrade the quality of the Products stored in commingled storage; (iv) may not be lawfully stored at the TerminalTerminals; or (v) otherwise do not meet applicable Product specifications for such Product that are customary in the location of the Terminal. If, however, there are Products that do not have such applicable specifications, the specifications shall be mutually agreed upon by the Parties. Should CustomerTesoro’s commingled Products not comply with meet or exceed the minimum quality standards set forth in this Agreement or any applicable Terminal Service Order, Customer Tesoro shall be liable for all loss, damage and cost incurred thereby, including damage to Products of third parties commingled with CustomerTesoro’s unfit Products.

Product Quality. (a) Product Specifications of Delivered Products. Customer Tesoro warrants that all Products delivered under this Agreement and or any Terminal Service Purchaser Order shall meet the latest applicable pipeline specifications or mutually agreed upon specifications for that Product upon receipt at the applicable Terminal and contain no deleterious substances or concentrations of any contaminants that may make it or its components commercially unacceptable in general industry application. Customer Tesoro shall not deliver to any of the Terminal Terminals any Products which: (ia) would in any way be injurious to any of the TerminalTerminals; (iib) would render any of the Terminal Terminals unfit for the proper storage of similar Products; (iiic) would contaminate or otherwise downgrade the quality of the Products stored in commingled storage; (ivd) may not be lawfully stored at the TerminalTerminals; or (ve) otherwise do not meet applicable Product specifications for such Product that are customary in the location of the Terminal. If, however, there are Products that do not have such applicable specifications, the specifications shall be mutually agreed upon by the Parties. Should Customer’s Tesoro's commingled Products not comply with meet or exceed the minimum quality standards set forth in this Agreement or any Terminal Service applicable Purchase Order, Customer Tesoro shall be liable for all loss, damage and cost incurred thereby, including damage to Products of third parties commingled with Customer’s Tesoro's unfit Products.