Common use of Determination of Quantity and Quality Clause in Contracts

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.

Appears in 4 contracts

Samples: Fuel Distribution Agreement, Fuel Distribution Agreement (Susser Holdings CORP), Fuel Distribution Agreement (Susser Petroleum Partners LP)

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Determination of Quantity and Quality. The quantity and quality of product(s) Products sold hereunder shall be for all purposes conclusively deemed to be the quantity and quality set forth in Seller’s 's document of delivery unless, within seventytwenty-two four (7224) 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.

Appears in 1 contract

Samples: Petroleum Supply Contract

Determination of Quantity and Quality. The quantity and quality of product(s) Products sold hereunder shall be for all purposes conclusively deemed to be the quantity and quality set forth in Seller’s 's document of delivery unlessunless within twenty-four (24) hours of delivery Purchaser notifies Seller orally, within and delivers to Seller written notice with seventy-two (72) hours of the time of deliveryhours, Purchaser delivers to Seller written notice of any claimed shortage in quantity or claimed deviation in quality, or where discovery . Failure of Purchaser to provide notice as set forth herein shall operate as a waiver and release of any such shortage or deviation could not reasonably have been discovered and all claims by careful inspection at the time of delivery, within three (3) days after discoveryPurchaser. Purchaser’s '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.

Appears in 1 contract

Samples: Sub Jobber Agreement (CrossAmerica Partners LP)

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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 the Seller’s document of delivery unless, within seventy-two (72) hours of the time of delivery, any Purchaser delivers to the 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. Such 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 paragraphSection 13. Time is of the essence in complying with this provision.

Appears in 1 contract

Samples: Fuel Distribution Agreement (CrossAmerica Partners LP)

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