Inspection and Measurement. API/ASTM Standards or the latest revisions thereof shall be complied with at all times. All volumes or quantities shall be adjusted per API/ASTM Standards. Metering systems shall conform to the API/ASTM Standards then in effect relative to meter calibration/accuracy. Marine Vessels: Unless otherwise agreed, inspection and measurement of Product delivered hereunder shall be made by an independent petroleum inspector, the cost of which shall be borne equally by Buyer and Seller. At the designated point of custody and title transfer, a mutually acceptable independent inspector shall hand gauge and record static shore tank measurements immediately before and immediately after delivery of the Product to determine the volume of Product delivered. If relevant shore tank gauge measurements are not possible, then properly certified meter measurement is acceptable. If neither static shore tank measurement or certified meters are available then determination of the volumes will be agreed to by the parties.
Inspection and Measurement. Measurement of quantity delivered into transport truck/tanks shall be based on the applicable bill of lading or terminal meter ticket at terminal. Unless noted in “Exhibit A” all quantities shall be adjusted to 60 degrees Fahrenheit and shall be conclusive. Quality shall be presumed to be the quality certified under bulk product from which truck delivery is drawn.
Inspection and Measurement. Customer’s inspection and measurement shall be based on meters or on certified tank truck capacities according to terminal practice. All quantities shall be adjusted to 60 degrees F temperature (unless otherwise specified by State Regulations) in accordance with the latest revised applicable parts of ASTM Designation D: 1250, IP Designation: 200 Petroleum Tables. The term “gallon” shall mean a U.S. gallon of 231 cubic inches. The term “tank truck” shall mean a transport truck with a tank storage capacity of not less than 3,000 gallons.
Inspection and Measurement. (a) For FOB, CFR, CIF, FCA, CIP, and CPT deliveries, the quantity and quality of the Product delivered under this Agreement shall be determined by measurement, sampling, and testing in accordance with the standard practice at the Loading Terminal or the Discharge Terminal at the time of loading, any other procedures stated in the Special Provisions, and these General Terms.
(b) For DAP deliveries, the quantity and quality of the Product delivered under this Agreement shall be determined by measurement, sampling, and testing carried out at the Discharge Terminal by an independent inspector jointly agreed upon by the Parties, with the costs thereof to be shared equally. The inspector’s certificates of quantity and quality shall be made available to both Parties.
(c) For Ex Tank deliveries, the quantity of the Product delivered under this Agreement shall be determined by using proven meters at Seller’s tank exit manifold, if available; otherwise by manual measurement of Seller’s tanks. For Into Tank deliveries, the quantity of Product delivered under this Agreement shall be determined by using proven meters at Buyer’s tank inlet manifold, if available; otherwise by manual measurement of Buyer’s tanks.
(d) For Ex Tank and Into Tank deliveries, the quality of Product delivered under this Agreement shall be determined in accordance with test results run on a volumetrically correct composite of samples drawn from Seller’s tanks; unless active, in which case on samples drawn from Buyer’s tanks.
(e) For In Situ deliveries, the quantity of Product delivered under this Agreement shall be specified in the Special Provisions; otherwise the quantity of Product shall be determined by volumetrically correct composite samples drawn from such tank(s). The quality of such Product shall be determined by reference to any then-existing independent inspection results provided by the storage company, if available, and the Parties shall be bound by such results.
(f) For FIP deliveries, the quantity of Product shall be determined by using the pipeline company’s proven meters, if available; otherwise by reference to the measurements utilized for Ex Tank deliveries. Quality of Product, if automatic samplers are available, shall be determined in accordance with the test results of such measurement, sampling, and analysis thereof; otherwise quality of Product shall be determined pursuant to Section 9(d) above.
Inspection and Measurement. The quality parameters indicated in Clause Two of this Contract ( °API, % of sulfur, BSW and Salt) shall be determined in accordance with the operating procedures established by mutual agreement between the Parties according to a written document. The certification of quality and volume received shall be delivered by PETROBRAS COLOMBIA LIMITED. If both the dynamic and static measurements are available, the dynamic measurement shall be considered official and the static measurement shall be used as a redundant measurement. As for the sites where there is only static measurement (manual and automatic), the manual measurement shall be considered official and the automatic measurement shall be redundant. All the equipment and/or instruments used for dynamic and static measurement systems must be calibrated. The sulfur content of the oil for effects of billing shall be the value reported by the Instituto Colombiano del Petróleo—ICP, in accordance with the biannual analyses carried out on each crude. THE BUYER shall update this information biannually and present it to THE SELLER. Either of the Parties may designate an independent inspector at any time to certify the quality and quantity, verify the gauging of the tanks or the calibration of the volume measurement instruments. The cost shall be shared in equal parts between THE BUYER and THE SELLER.
Inspection and Measurement. API/ASTM Standards or the latest revisions thereof shall be complied with at all times. All volumes or quantities shall be adjusted per API/ASTM Standards. Metering systems shall conform to the API/ASTM Standards then in effect relative to meter calibration/accuracy. Tank Truck/Cars: Quantities delivered into or out of tank trucks/cars shall be based on meters or shore tanks or scales located at or near the applicable Delivery Point. Seller shall permit Buyer to review and copy relevant meter proving records and witness proving tests as requested. Samples of Product transferred hereunder shall be retained for ninety (90) Days.
Inspection and Measurement. Inspection and measurement shall be made by an independent petroleum inspector. All quantities shall be adjusted for temperature corrections to 60° Fahrenheit (or 15.0 Celsius) and full deduction shall be made for BS&W content. Tests to determine quality shall be made in accordance with the latest standard methods of the American Society for Testing Materials as to which information is available in official publications of said Society at the tine such tests are made. The Inspector’s determinations as to quantity and quality shall be conclusive and binding upon both parties. The inspector’s time sheets shall have no bearing on the settling of any demurrage claims resulting from this Agreement unless stipulated elsewhere herein.
Inspection and Measurement. Measurem ent of quantity delivered into transport truck/tanks shall be based on the applicable xxxx of lading or term inal m eter ticket at term inal. Unless noted in “Exhibit A” all quantities shall be adjusted to 60 degrees Fahrenheit and shall be conclusive. Quality shall be presum ed to be the quality certified under bulk product from which truck delivery is drawn.
Inspection and Measurement. The determination of the quality parameters shall be made at the Point of Delivery, and it will follow the operational procedures established by the Parties in a written certificate that must be signed prior to commencing performing of the Contract. The procedures adopted by the Parties, must be subject to the Single Measurement Manual of ECOPETROL S.A. (Annex 1). The official measurement for transferring custody shall be that determined at the Sxxxxxx Station, Puerto Asis Municipality, in the LACT UNIT / LAFERT, property of CPR Sxxxxxx Joint Operation.
Inspection and Measurement. For the purpose of Clause Two, quality will be determined pursuant to operational procedures set forth at the Xxxxxxx Station. Costs of these procedures shall be shared by the parties at a rate proportionate to their ownership of the crude oil. In addition to these operational procedures, any of the parties can appoint when so desired an Independent Inspector to certify the amount and quality, to measure the capacity of the tanks and to gauge volume measurement instruments. In this latter case, the party requesting measurement shall bear with costs. CLAUSE EIGHT: DESTINATION. ECOPETROL can do as it pleases with the purchased crude oil, provided that such destination is approved by applicable legal provisions at this time. CLAUSE NINE: ASSIGNMENT. Neither party can assign, sell or transfer all or part of its rights and obligations hereunder to any third party without the prior and written consent of the other party. CLAUSE TEN: FORCE MAJEURE. Force majeure or acts of God are those events which cannot be prevented and cannot be imputed to the obliged party and which cannot be blamed upon that party and which place such party in an absolute impossibility to meet its obligations such as: natural phenomena (earthquakes, floods, land slides) or public order events (strikes, mutiny, terrorism, sabotage, breakage of the pipeline). The obligations that cannot be fulfilled due to Force Majeure shall be suspended during the term of the Force Majeure which prevents contract compliance, provided that the party affected by Force Majeure gives notice to the other party, as soon as possible, using an adequate means for this purpose, about such situation, with as many details as possible. Such notice shall be confirmed through a notice sent to the other party within a forty eight (48) hours term after the Force Majeure event or after the party has decided to resort to this clause, including all the evidences showing the occurrence of the Force Majeure event. Once the event is duly proven, the suspension of the obligations shall be recorded in a Minutes signed by the Parties. The Party that decides to abide under this item must do its best to solve the problems preventing it from complying with its obligations. After overcoming the Force Majeure events, the parties shall sign a minutes verifying the date when suspended obligations are resumed. Force Majeure shall not relieve ECOPETROL from its obligation to pay SELLER those invoices filed for the sale of crude oil delivered...
