Determination of Quality. AS PER INSPECTION CERTIFICATE ISSUED AT THE DISCHARGE PORT BY SAYBOLT OR S.G.S, WHICH SHALL BE FINAL AND BINDING UPON THE SELLER. (AFTER COMPILATION OF LOADING)
Determination of Quality. Samples taken on mutually agreed occasions and at mutually agreed input sampling points shall be the basis for determining compliance with specifications for the quality of Ethylene delivered hereunder. Subject to the remaining provisions of this section, Seller's laboratory analysis, conducted in accordance with the provisions of Exhibit A, shall conclusively determine whether Ethylene specifications have been met. Seller shall retain analytical data for at least 90 days. Seller shall monitor the quality of Ethylene introduced into the delivery pipelines to each of the Delivery Points. If abnormalities occur in the operation of Buyer's U.S. Plants supplied hereunder or in plant operations downstream of any other mutually agreed upon Delivery Points, Buyer may provide notice requiring Seller, for a reasonable period of time, to take three representative samples of Ethylene from the relevant sampling point each day. Two of such samples shall be delivered to Buyer and one shall be retained by Seller for analysis in accordance with the provisions of Exhibit A. Buyer shall arrange for analysis of one of the samples in its custody in accordance with the provisions of Exhibit A. Seller and Buyer shall promptly advise each other of the results of their respective analyses. If Buyer deems there to be a material difference in the parties' analysis of their respective samples and if such difference cannot be reconciled within one week of Buyer's notice thereof, the remaining sample shall be submitted to a nationally recognized independent testing laboratory, agreeable to both Buyer and Seller, for analysis in accordance with the provisions of Exhibit A. The parties will be bound by the independent laboratory's determination and will equally bear the cost of such independent analysis.
Determination of Quality. (A) The quality and BTU content of the LSFO Delivered by Pipeline Delivery to HECO shall be determined on the basis of a volumetric weighted average composite of samples drawn from Chevron’s issuing tank(s) at the Refinery in such a manner as to be representative of each individual Pipeline Delivery (“Tank Final Sample”).
(B) The Tank Final Sample shall be divided into a minimum of three (3) parts as follows:
(1) One part shall be provided to the Refinery’s laboratory for analysis to determine BTU content per barrel and quality determination.
(2) One part shall be provided to HECO’s laboratory for analysis to determine BTU content per barrel and for the purpose of verifying Chevron’s determinations.
(3) At least one part shall be sealed and retained by the Independent Inspector for a period of not less than three (3) months.
(C) Chevron agrees to provide HECO and the Independent Inspector each with a copy of Chevron’s Certificate of Quality representing the Tank Final Sample and shall make commercially reasonable efforts to provide such quality documentation no later than the day of the completion of the Pipeline Delivery. If the completed Certificate of Quality is not available the day of the completion of the Pipeline Delivery, Chevron will advise HECO and the Independent Inspector, by the day of the completion of the Pipeline Delivery, the final determination of API gravity, flash point, sulfur content and sediment and water representing the Tank Final Sample.
(D) The official BTU content determination shall be based upon an average of Chevron’s and HECO’s laboratory analyses, provided that such analyses fall within the ASTM reproducibility standard (currently 0.4 MJ/kg which the parties shall deem to be equivalent to a fixed standard of 60,000 BTU per barrel) for Test D 240. Chevron and HECO will make commercially reasonable efforts to evaluate the BTU content of the Tank Final Sample and exchange results within three (3) Business Days. In the event the difference between HECO’s and Chevron’s laboratory determination of BTU content falls outside said reproducibility standard, the sealed part of the Tank Final Sample in the possession of the Independent Inspector shall be provided to an independent testing laboratory for an official determination, which shall be final. In cases of disagreement or excessive delays in HECO’s determination of BTU content, Chevron shall have the right to invoice the sale using a provisional BTU content of 6.2 MM BTU per bar...
Determination of Quality. Sampling for quality of the Oil loaded in each shipment shall be witnessed by the independent inspector in accordance with the latest revision of API-MPMS, Chapter 8.2, “Standard Practice for Automatic Sampling of Liquid Petroleum and Petroleum Products”, or ASTM D-4177, at Seller’s choice, where Oil is measured by flow metering, and API-MPMS, Chapter 8.1, “Standard Practice for Manual Sampling of Petroleum and Petroleum Products”, or ASTM D-4057, at Seller’s choice, where Oil is measured by tank gauging. Buyer and Seller or their representatives may witness the taking and testing of samples. Quality shall be determined by using the methods listed below in decreasing order of preference, depending on the operational conditions prevailing at the Loading Port involved: (i) from samples drawn from automatic samplers installed in the loading lines; (ii) from samples drawn from the isolated storage shore tanks delivering the Oil; or (iii) from a composite sample obtained in proportional parts from the vessel’s tanks. The samples thus drawn shall be mixed and equally filled in seven (7) containers of one Gallon each and finally sealed. Three (3) of such sealed containers shall be delivered to the local office of the Ministry at the Loading Port (or to the address notified by the Ministry), one shall be handed over to the master of the tanker and one (1) to the independent inspector, and two (2) shall be kept by Seller for ninety (90) Days after the date of the xxxx of lading.
Determination of Quality. The quality of fuel transported to HECO shall be determined on the basis of samples drawn in such a manner as to be representative of each individual transport. For transfers from shore tanks, samples shall be drawn by Chevron from the shore tanks prior to transport. For transfers from HECO's vessels, samples shall be drawn by or under the supervision of an Independent Inspector, whose costs shall be for HECO. Samples shall be divided into two parts. One part shall be used by Chevron to determine qualities according to Addendum 2 attached. The other part shall be sealed and retained separately by HECO.
Determination of Quality. The quality of LSFO delivered to HECO shall be determined on the basis of samples drawn by Chevron in such a manner as to be representative of each individual delivery. Samples shall be drawn from Chevron's tanks prior to delivery to HECO and shall be divided into four parts. Separate parts shall be provided to both HECO and Chevron to determine quality. The remaining parts shall be sealed and retained separately by Chevron and HECO. The official heat content determination shall be based upon an average of Chevron's and HECO's test results, provided that such results fall within the ASTM reproducibility standard (currently 50,000 BTU per barrel) for Test D-240. Chevron and HECO will make best efforts to evaluate heat content and exchange results within 3 working days. In the event of an unresolvable difference between HECO and Chevron, HECO's sealed part shall be provided to an independent laboratory for an official determination, which shall be final. In cases of disagreement or excessive delays in HECO's determination of heat content, Chevron shall have the right to invoice the sale using a provisional heat content of 6.2 MM BTU per barrel, with any required adjustments made after final agreement is reached. Chevron and HECO shall share equally the cost of independent tests and determinations.
Determination of Quality. QUANTITY
2.1 THE QUALITY OF OIL IS OF THE TYPE AND GRADE GENERALLY MADE AVAILABLE TO BUYER'S AT DISCHARGE PORT CONCERNED.
2.2 THE QUANTITY OF EACH CARGO DELIVERED TO BUYER'S SHORE TANK BY THE SELLER’S VESSEL SHALL BE DETERMINED BY VESSEL ULLAGE MEASUREMENTS CARRIED OUT BY BUYER AT THE DISCHARGE PORT IN THE MANNER CUSTOMARY IN THAT PORT. CORRECTION FOR VARIATION IN TEMPERATURE SHALL BE MADE IN ACCORDANCE WITH THE ASTM-IP MEASUREMENT TABLES. THE QUANTITY OF SEDIMENT AND WATER MEASURED IN OIL SHALL BE DEDUCTED FROM THE QUANTITY OF THE CARGO IN ACCORDANCE WITH PROCEDURES SET BY ASTM-IP. THE QUANTITY AND QUALITY SO DETERMINED SHALL BE DULY REFLECTED IN THE CERTIFICATE(S) ISSUED UNDER SECTION 5 HEREOF.
2.3 PROVISION SHALL BE MADE FOR TAKING OF REPRESENTATIVE SAMPLE OF OIL DELIVERED TO A VESSEL AT THE PORT OF LOADING IN FIVE REPLICANT UNITS. SUCH SAMPLE SHALL BE RETAINED FOR 120 DAYS AFTER THE LOADING OF THE VESSEL. SELLER WILL DELIVER TO THE VESSEL CONCERNED A SEALED LINE SAMPLE UNDER RECEIPT OF THE MASTER IF SO REQUESTED BY BUYER IN WRITING OR BY TELEX AT LEAST FIVE (5) DAYS BEFORE ARRIVAL OF THE VESSEL.
2.4 AN INDEPENDENT INSPECTOR APPOINTED BY XXXXX (AT BUYER’S COST) WITH PRIOR NOTICE AND APPROVAL OF SELLER MAY INDEPENDENTLY INSPECT AND BE WITNESSED BY SELLER MEASUREMENT OF QUANTITY/QUALITY OF OIL DELIVERED ON-BOARD THE VESSEL TANKS BEFORE DISCHARGING THE OIL AND CONNECTING THE FLANGES TO THE SHORE TANK PIPELINE.
Determination of Quality. The quality and heat content of the Product shall be determined on the basis of a composite sample(s) drawn by a mutually agreed upon independent inspector from SELLER's issuing tank(s) in such a manner as to be representative of each individual Delivery. SELLER and BUYER shall share equally the cost of independent inspections. If the Delivery of Product is from more than one issuing tank, the specifications of the total Delivery of Product shall be determined on a volumetric weighted average from the representative samples drawn by the independent inspector. The representative samples drawn from SELLER's tank(s) shall be divided into a minimum of three (3) parts:
1. One part shall be used by for an analysis by SELLER's laboratory to determine quality and heat content (gross Btu) per barrel.
2. One part shall be provided to BUYER for the purpose of verifying SELLER's determinations.
3. At least one part shall be sealed and provided to BUYER, or to the independent inspector, to be retained. SELLER agrees to provide BUYER a copy of SELLER's laboratory analyses of the tank final samples, or a preliminary laboratory analyses if the analyses of the tank final samples is not available, showing sulfur content, flash point and sediment and water content prior to commencing delivery of the Product, provided, however, that SELLER shall provide BUYER the complete Certificate of Quality no later than two working days after the completion of the Delivery. BUYER shall have the right to perform laboratory analyses in order to verify the results of SELLER's laboratory analyses. The official determination of gross heat content shall be based upon SELLER's laboratory results provided that the arithmetic difference between SELLER's and BUYER's laboratory results is equal or less than the then existing reproducibility standard (currently 0.40 MJ/kg) for ASTM test D-240. If the difference between SELLER's and BUYER's laboratory results is greater than this ASTM reproducibility standard, the parties will confer, in good faith, to resolve the difference. In the event of an unresolvable difference between BUYER and SELLER, BUYER's sealed sample will be provided to an independent laboratory for an official determination, which shall be binding upon the parties. SELLER and BUYER shall share equally the costs of independent tests and determinations. The Product received by BUYER in a Delivery may include some amount of pipeline displacement stock ("Pipeline Fill"). The specification...
Determination of Quality. 58 24.2 Analysis of Samples............................................... 59 24.3
Determination of Quality. Sampling and testing of the Maya loaded in each shipment for quality shall be done in accordance with the latest revision of ASTM procedures D-4057-88 or D-4177, at Seller's choice, and witnessed by an independent inspector selected as provided in Article 21.13, whose fees shall be shared equally by the parties. Buyer and Seller or their representatives may witness the taking and testing of samples. Quality shall be determined by using the methods listed below in decreasing order of preference, depending on the operational conditions prevailing at the Loading Port involved: (i) from samples drawn from automatic samplers installed in the loading lines; (ii) from samples drawn from the storage shore tanks delivering Maya; or (iii) from a composite sample obtained in proportional parts from the vessel's tanks. The samples thus drawn shall be mixed and equally filled in four containers of one Gallon each. Two of such containers shall be sealed and handed over to the Master of the tanker and two shall be kept by Seller for ninety (90) Days after the date of the xxxx of lading.
