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 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. 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.
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.
(b) Seller reserves the right to have, at Seller’s cost, a representative to attend the Supply and to witness all aspects of the measurement of the Oil or Feedstock outlined below, including, but not limited to, witnessing of shore tank gauging, meter setting and any analysis. Buyer shall arrange necessary clearance for Seller’s representative to gain access to all areas necessary to conduct such witnessing. Such clearance shall not be unreasonably denied.
(c) The quantity determined will reflect full deduction for sediment and water, measured in accordance with the latest API/ASTM standards and methods in effect at the time of Supply, as determined from a representative sample drawn by an automatic in-line sampler. In the event that an automatic in-line sampler is not available, malfunctions during the transfer, the Independent Inspector cannot verify the integrity of the sampler or the sampler container before or after Supply, or the Independent Inspector determines that the samples drawn by such sampler are not representative of the product on board the Vessel on arrival at the Supply Port (including, but not limited to, making a comparison with total of Vessel’s arrival composite sample analysis results and Vessel’s arrival freewater), then sediment and water deduction shall be determined from Vessel’s arrival volumetrically correct composite sample and Vessel’s arrival free water.
(d) The measurement of the quantity of Oil or Feedstock shall be carried out at the Supply Port in accordance with the latest API standards in effect at the time of S...
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:
(A) Chevron agrees to advise the Independent Inspector, prior to commencing a Marine Delivery of LSFO or any component thereof from Chevron’s vessel, the API gravity and flash point in degrees Fahrenheit shown on the port of loading Quality Certificate representing the quality of said LSFO or component thereof.
(B) In order to reduce the likelihood of Chevron’s Marine Delivery of LSFO, [ - - - ], or component thereof resulting in quality problems occurring in HECO’s receiving tank(s), Chevron agrees to test a volumetric weighted average composite of samples representative of the LSFO, [ - - - ] or component thereof to be shipped to HECO’s receiving tanks (“Precautionary Sample”). The Precautionary Sample shall be drawn after the arrival of the vessel in Hawaii state waters, but prior to the commencement of the Marine Delivery, and shall be tested by Refinery’s laboratory. Chevron agrees that should a pre-discharge computer blend simulation representing the quality of a volumetric weighted average mixture of the Precautionary Sample, components of the Marine Delivery in questions previously shipped to HECO’s receiving tanks and other LSFO and [ - - - ] or components available to be shipped from the Refinery reasonably indicate the Marine Delivery in question will not conform to the quality specified in Article 4, Chevron will instruct the vessel operator not to commence Delivery of its cargo to HECO’s receiving tanks without HECO’s express permission.
(C) In order to reduce the likelihood of Chevron’s Marine Delivery of [ - - - ] resulting in quality problems occurring in HECO’s receiving tank(s), Chevron agrees to test a volumetric weighted average composite sample of the [ - - - ] cargo at the [ - - - ] to ensure that the product meets specifications. The sample (“Precautionary Sample”) shall be divided into three (3) parts, one of which is to be tested by Chevron’s laboratory, one to be sent [ - - - ] to HECO for the purpose of verifying Seller’s test results, and one part sealed and retained by the Independent Inspector, to be retained for a period of not less than three (3) months. Chevron agrees to provide HECO and the Independent Inspector with the results of its determinations representing the quality of the Precautionary Sample.
(D) The quality and BTU content of the LSFO De...
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. The quantity and quality of Crude Oil tendered by Alon and transported by Centurion hereunder shall be determined in accordance with the applicable Tariff.
Determination of Quantity and Quality. 4.1 The determination of the quantity of Biomass Fuel delivered shall be made by the truck scale weigher at the Boryeong Plant which uses the weight differences between the laden vehicle (before unloading the Biomass Fuel) and the non-laden vehicle (after unloading the Biomass Fuel).
4.2 Inspection for Biomass Fuel’ quality shall be performed at two points by Analyst, which shall be appointed by the Buyer in consultation with the Seller : once at the unloading port and again at the the delivery location in Boryeong Power Plant.
Determination of Quantity and Quality. (a) Xxxxxx shall meter the net volume of Product sent to the Rail Terminal only for pipeline leak detection and batch sequencing purposes.
(b) USD will meter using certified and properly calibrated and maintained meters (“Meters”) the volume of Product loaded into each railcar at the Rail Terminal and use such meter readings for custody transfer purposes and to create the bills of lading. To be considered “properly calibrated”, all Meters shall be proved at least monthly for each grouping of Product quality that is actually being loaded during that month and each meter shall also be proved at a low, medium and high flow rate corresponding to the expected operating flow range of the Meters. The applicable meter factors for each condition of flow and/or Product quality grouping shall be automatically applied by the flow/volume computation system to the calculation of the net volume of Product loaded through each Meter. The accuracy of all temperature, pressure and density sensing instruments that are used in the calculation of the volume of Product loaded shall be properly verified during proving and recalibrated when required. Calibration of meters and applicable sensing instruments shall utilize reference equipment that have current certification and are metrologically traceable to national standards. For the purpose of Sediment and Water determination, density confirmation and sample retention of the Product loaded, USD shall provide, install, operate and maintain an automatic sampling system that will extract from the delivery piping to the Rail Terminal a sample of the Product that is representative of and directly proportional to each batch loaded into sealed and pressure-containing sample vessels. The sample will be split with half provided to Xxxxxx for its analysis and retention. For the purpose of quality verification, the Parties shall retain for a minimum of ninety (90) days in a sealed and labeled container a portion of the representative sample of each unit train batch movement. In the absence of fraud, equipment failure or manifest error, the quantity and quality determined by USD for the batch shall be binding on both Parties. In the event of fraud, equipment failure or manifest error the Parties shall utilize alternative measurements, such as tank car volumes, tank gauging, testing of proportional samples or other methods that are available at such time, to determine as accurately as reasonably possible the net quantity or quality, as applic...
