Common use of INSPECTION AT DISCHARGE PORT Clause in Contracts

INSPECTION AT DISCHARGE PORT. 8.1. Discharge port independent inspector shall be different to that of the load port. 8.2. The quality at discharge port Colombo shall be determined by CEYPETCO Refinery laboratory and witnessed by the independent inspector (ITS XXXXX XXXXX/XXX-CHEM/SBC ASIA – SAYBOLT/ SGS/BUREAU VERITAS/MAS MARINE/STAR MARINE) at Colombo. Such determinations shall be reported on the certificate of quality finally issued by CEYPETCO Refinery laboratory. 8.3. Two sets of ship tank samples with adequate quantities for Murban Crude Oil shall be separately drawn from the ship’s each tank according to ASTM standard method of sampling by a mutually agreed independent inspector at discharge port witnessed by the Buyer/CPSTL representatives and a representative if nominated by the Seller. Both samples shall be properly sealed and authenticated by the independent inspector, vessel’s master or representative of the master and the Buyer/CPSTL representatives and representative if nominated by the Seller. First composite sample to be prepared at CEYPETCO Refinery Laboratory for Murban Crude Oil shall be analysed at the Refinery laboratory to check and ensure key properties i.e. Density, Sulphur, RVP and BS & W as specified under sub clause 8.2. while the second set of composite sample for Xxxxxx Xxxxx Oil shall be retained under the custody of the independent inspector. 8.4. Under no circumstances a representative of the seller from an inspection company and an employee of the inspection company as mentioned under sub clause 8.2. will be allowed 8.5. Under no circumstances a protective inspector will be allowed to the seller other than the mutually agreed independent inspector. 8.6. The seller shall declare in the bid that certificate of quality at discharge port for Murban Crude Oil shall be on the basis of ship tank composite sample taken on arrival of the vessel at discharge port. 8.7. In the event the first composite sample does not meet the key properties i.e. Density, Sulphur, RVP and BS & W, the second composite sample retained with the independent inspector, shall be tested at the Refinery laboratory as specified in sub clause 8.2. in the presence of the mutually agreed independent inspector, representatives from the Buyer, a representative from Seller’s Cargo Insurer, two representatives from the Seller and one representative from the Protection and Indemnity Insurance (P & I club). All representatives’ witness this test required to be signed each of the full test certificates issued by Refinery laboratory. 8.8. If the specification of the product deviated from the CEYPETCO standard specifications, the Buyer reserves the right to reject the total cargo. 8.9. Under no circumstance further samples shall be drawn from ship’s tanks other than the samples proposed under sub clause 8.3. to determine the quality of cargo at discharge port. 8.10. The quality certificate at discharge port, Colombo shall be issued by the independent inspector based on the test report of Refinery laboratory. 8.11. Discharge of the vessel shall commence only after the certificate is issued by the independent inspector and accepted by the Buyer. 8.12. The quantity of product at the discharge port Colombo will be determined by an independent inspector (ITS XXXXX XXXXX / XXX-CHEM/ SBC ASIA – SAYBOLT / SGS / BUREAU VERITAS) at Colombo. Such determinations shall be reported on the certificate of quantity. In the event that the out-turn loss (out-turn quantity vs. B/L quantity) is in excess of 0.3% and/or there is any free flowing product left on board as reported and certified by the independent inspector at discharge port, the Seller shall deduct the excess loss and/or free flowing product left on board from the Bill of Lading quantity for invoice purposes. 8.13. In the event the out-turn loss is proved to be due to the Buyer’s fault including but not limited to discharging pipe line leakage, causing and out-turn loss in excess of 0.3%, such excess loss shall not be deducted from the B/L quantity for invoice purposes. 8.14. The cost of inspection, including cost for testing of second composite sample payable to independent inspector at discharge port, shall be shared equally between the Buyer and the Seller.

INSPECTION AT DISCHARGE PORT. 8.1. Discharge port Port independent inspector shall be different to that of at the load port. 8.2. The quality at discharge port Discharge Port Colombo shall be determined by CEYPETCO Refinery CPSTL laboratory and witnessed by the independent inspector Independent Inspector (ITS XXXXX XXXXX/XXXXxxxx Xxxxx / Xxx-CHEM/Chem / SBC ASIA Asia – SAYBOLT/ SGS/BUREAU VERITAS/MAS MARINE/STAR MARINESaybolt / SGS / Bureau Veritas) at ColomboColombo and one representative if nominated by the Seller. Such determinations shall be reported based on the recognised cargo analysis carried out by the CPSTL laboratory. The certificate of quality finally issued by CEYPETCO Refinery CPSTL laboratory as witnessed by the independent inspector at Colombo based on such recognised cargo analysis shall be binding on both parties. The Buyer shall reserve the right to deploy its own representative/s to witness the sampling / testing performed at the vessel / CPSTL laboratory. 8.3. Two sets of A ship tank composite samples with adequate quantities for Murban Crude Oil shall the product will be separately drawn from the ship’s each tank tanks according to ASTM standard method of sampling by a mutually agreed independent inspector at discharge port witnessed by the Buyer/Buyer / CPSTL representatives and a representative if nominated by the Seller. Both samples Samples shall be properly sealed and authenticated by the independent inspector, vessel’s master or representative of the master and representatives of the Buyer/Buyer / CPSTL representatives and representative if nominated by the Seller. First composite sample to be prepared at CEYPETCO Refinery Laboratory for Murban Crude Oil Such sample/s shall be analysed at the Refinery Ceylon storage terminals limited (CPSTL) laboratory according to check contractual specification and ensure key properties i.e. Density, Sulphur, RVP and BS & W as specified under sub clause 8.2. while the second set of composite sample for Xxxxxx Xxxxx Oil shall be retained under witnessed by the custody mutually agreed independent inspector. The result of the independent inspectoranalysis shall be the recognized cargo analysis and shall be binding on both parties. 8.4. Under no circumstances a representative of the seller from an inspection company and an employee of the inspection company as mentioned under sub clause 8.2. will be allowed. 8.5. Under no circumstances a protective inspector will be allowed to the seller other than the mutually agreed independent inspector. 8.6. The seller Seller shall declare in the bid that the certificate of quality at discharge port for Murban Crude Oil the product shall be on the basis of ship tank composite sample taken on arrival of the vessel at discharge portport as per the sub clause 8.3. 8.7. In the event the first composite sample does not meet the key properties i.e. Density, Sulphur, RVP and BS & Wcontractual specifications, the independent inspector will be requested to draw a second composite sample retained with the independent inspector, shall be tested at the Refinery laboratory as specified in sub clause 8.2. set of samples from vessel’s individual tanks in the presence of the mutually agreed independent inspector, representatives from the BuyerBuyer (CEYPETCO/CPSTL), a representative from the Seller’s Cargo Insurercargo insurer, two representatives from the Seller and one representative from the Protection and Indemnity Insurance protection & indemnity insurance (P & I P&I club). Such individual sample will be analysed at the laboratory of CPSTL according to the contractual specifications and shall be witnessed by the mutually agreed independent inspector. The results of these analysis based on the samples drawn from vessel’s individual tanks shall be the recognized cargo analysis and shall be binding on both parties. All representatives’ witness this test required to be signed each of the full test certificates issued by Refinery CPSTL laboratory. 8.8. If the specification of any or all of the product product/s deviated from the CEYPETCO standard specifications, the Buyer reserves the right to reject the total cargo.any or all of such product/s. 8.9. Under no circumstance further samples shall be drawn from ship’s tanks other than the samples proposed under sub clause 8.38.5. to determine the quality of cargo at discharge port. Furthermore, under no circumstances any testing results from any other laboratories other than the CPSTL laboratory shall be entertained for final determination of the quality of the subject cargo. 8.10. In the event of the Buyer deciding to accept a part cargo on board the vessel based on the test results of the second test for the individual tanks, the part cargo shall be discharged at the sole discretion of the Buyer. In case it is decided to accept part cargo discharge, then laytime and demurrage to be pro-rated in line with the quantity of cargo discharged. The time period between first rejection of the cargo or part cargo and recommencement of the laytime for the part cargo shall not be counted as used laytime. 8.11. The quality certificate at discharge port, Colombo shall be issued by the independent inspector based on the test report of Refinery CPSTL laboratory. 8.118.12. Discharge of the vessel shall commence only after the certificate is of quality at discharge port, as issued by the independent inspector and accepted based on the test report/s of CPSTL laboratory countersigned by Xxxxx’s representative is in the Buyerpossession of the Seller. 8.128.13. The quantity of product products at the discharge port Colombo will shall be determined by an independent inspector (ITS XXXXX XXXXX Xxxxx Xxxxx / XXXXxx-CHEM/ Chem/ SBC ASIA Asia – SAYBOLT Saybolt / SGS / BUREAU VERITASBureau Veritas) at Colombo. Such determinations shall be reported on the certificate of quantity. In the event that the out-turn loss (out-turn quantity vs. B/L quantity) is in excess of 0.30.5% and/or there is any free flowing product left on board as reported and certified by the independent inspector at discharge port, the Seller shall deduct the excess loss and/or free flowing product left on board from the Bill bill of Lading lading quantity for invoice purposes. 8.138.14. In the event if the out-turn loss is proved to be due to the Buyer’s fault including but not limited to discharging pipe line leakage, causing and an out-turn loss in excess of 0.30.5%, such excess loss shall not be deducted from the B/L quantity for invoice purposes. 8.148.15. The cost of inspection, including cost for testing of second composite sample payable to independent inspector at discharge port, shall be shared equally between the Buyer and the Seller.