Common use of MEASUREMENT, SAMPLING AND TESTING Clause in Contracts

MEASUREMENT, SAMPLING AND TESTING. An independent inspection shall be carried out at the loading port by an independent inspector who is mutually acceptable to both Xxxxx and Seller. Seller and Xxxxx shall jointly appoint an independent inspector and all inspection charges shall be shared equally by both Parties and the inspector's report shall be made available to both Parties. The quantity of the Goods in each cargo shall be determined by measurement, sampling and testing in the manner customary at the loading port ex shore tanks. The quality is to be based on samples drawn ex shore tanks. The certificates of quantity and quality issued by the independent inspector with respect to the cargo loaded shall, except in cases of manifest error or fraud, be conclusive and binding on both Parties for invoicing purposes but without prejudice to the rights of either party to file a claim for quantity and/or quality.

MEASUREMENT, SAMPLING AND TESTING. An independent inspection shall be carried out at the loading port by an independent inspector who is mutually acceptable to both Xxxxx and Seller. Seller and Xxxxx Buyer shall jointly appoint an independent inspector and all inspection charges shall be shared equally by both Parties and the inspector's report shall be made available to both Parties. The quantity of the Goods in each cargo shall be determined by measurement, sampling and testing in the manner customary at the loading port ex shore tanks. The quality is to be based on samples drawn ex shore tanks. The certificates of quantity and quality issued by the independent inspector with respect to the cargo loaded shall, except in cases of manifest error or fraud, be conclusive and binding on both Parties for invoicing purposes but without prejudice to the rights of either party to file a claim for quantity and/or quality.