Common use of Inspection of Products Clause in Contracts

Inspection of Products. (a) The Operator is not bound to check the Products or their quality, conditions and conformity with their description and/or, as the case maybe, the completeness or correctness of the Additional Documents. Without prejudice to Clause 3.4, the Operator shall, however, be entitled, on or before taking delivery of any Products, to measure, test or examine the Products and check the Additional Documents for the purposes of inspection or verification if the Operator suspects that the contents have been incompletely or incorrectly described and/or incomplete or incorrect Additional Documents have been furnished to the Operator. The Customer shall bear the cost of the Operator’s inspection and verification. (b) The Customer may appoint, at its own cost and expense, an independent inspector(s), the identity of which shall be approved by the Operator, to ascertain the quality of the Products at the Terminal. The decision of such inspector(s), if appointed, shall be treated and accepted by the Customer and the Operator as conclusive and shall be final and binding upon the Operator and the Customer, save in the case of fraud or manifest error, as to the quality of the Products so loaded or unloaded. If no inspector is appointed, then in such an event the qualities ascertained by the Operator shall be binding for both Parties.

Appears in 2 contracts

Samples: Commercial Storage Agreement (Brooge Energy LTD), Commercial Storage Agreement (Brooge Energy LTD)

AutoNDA by SimpleDocs

Inspection of Products. (a) The Operator is not bound to check the Products or their quality, conditions and conformity with their description and/or, as the case maybe, the completeness or correctness of the Additional Documents. Without prejudice to Clause 3.4, the Operator shall, however, be entitledentiUed, on or before taking delivery of any Products, to measure, test or examine the Products and check the Additional Documents for the purposes of inspection or verification if the Operator suspects that the contents have been incompletely or incorrectly described and/or andlor incomplete or incorrect Additional Documents have been furnished to the Operator. The Customer shall bear the cost of the Operator’s inspection and verification. (b) The Customer may appoint, at its own cost and expense, an independent inspector(sinspector{s), the identity of which shall be approved by the Operator, to ascertain the quality of the Products at the Terminal. The decision of such inspector(sinspedor{s), if appointed, shall be treated and accepted by the Customer and the Operator as conclusive and shall be final and binding upon the Operator and the Customer, save in the case of fraud or manifest error, as to the quality of the Products so loaded or unloaded. If no inspector is appointed, then in such an event the qualities ascertained by the Operator shall be binding bindin! for both Parties.

Appears in 1 contract

Samples: Commercial Storage Agreement (Brooge Energy LTD)

AutoNDA by SimpleDocs

Inspection of Products. (a) The Operator is not bound to check the Products or their quality, conditions and conformity with their description and/or, as the case maybe, . the completeness or correctness of the Additional Documents. Without prejudice to Clause 3.4, the Operator shall, however, be entitled, on or before taking delivery of any Products, to measure, test or examine the Products and check the Additional Documents for the purposes of inspection or verification if the Operator suspects that the contents have been incompletely or incorrectly described and/or incomplete or incorrect Additional Documents have been furnished to the Operator. The Customer shall bear the cost of the Operator’s inspection and verification. (b) The Customer may appoint, at its own cost and expense, an independent inspector(s), the identity of which shall be approved by the Operator, to ascertain the quality of the Products Prcducts at the Terminal. The decision of such inspector(s), if appointed, shall be treated and accepted by the Customer and the Operator as conclusive and shall be final and binding upon the Operator and the Customer, save in the case of fraud or manifest error, as to the quality of the Products so loaded or unloaded. If no inspector is appointed, then in such an event the qualities ascertained by the Operator shall be binding for both Parties.

Appears in 1 contract

Samples: Commercial Storage Agreement (Brooge Energy LTD)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!