Common use of Precautionary Load Port Sampling Clause in Contracts

Precautionary Load Port Sampling. In order to reduce the likelihood of Seller’s marine Delivery resulting in quality problems arising in the receiving tank(s) at the third party receiving facilities, Seller agrees to: (a) Permit the Independent Inspector to inspect the receiving cargo tanks of Seller’s vessel immediately prior to the commencement of the loading of the Biofuel cargo to ensure that they contain no more than reasonable minimum retains of the previous cargo and shall draw composite samples of any retain (“Vessel O.B.Q. Samples”), if such retain is accessible to standard sampling equipment. The Vessel O.B.Q. Samples shall be sealed and held by the Independent Inspector for a period of not less than three (3) months, (b) Test a volumetric weighted average composite of samples of the Biofuel cargo (“Precautionary Sample”). The Precautionary Sample shall be drawn under the supervision of the Independent Inspector from Seller’s vessel’s tanks at the completion of loading in such a manner as to be representative of the relevant cargo after the arrival of the vessel at the designated Oahu Harbor, but prior to commencement of the cargo at the Discharge Pier. This sample should be divided into three (3) parts, one of which is to be tested by Seller, one to be sent via air freight to Hawaiian Electric and one part retained by the Independent Inspector. The Precautionary Sample shall be divided into a minimum of three (3) parts as follows: 1. One part shall be provided to Seller’s laboratory for analysis to determine quality; 2. One part shall be provided to Hawaiian Electric for the purpose of verifying Seller’s determinations; 3. At least one part shall be sealed and provided to the Independent Inspector to be retained for a period of not less than forty-five (45) Days. Seller agrees to provide Hawaiian Electric and the Independent Inspector with the results of its determinations representing the quality of the Precautionary Sample no later than seventy-two (72) hours after the completion of the loading of Seller’s vessel. Should Seller’s laboratory be unable to determine the Biofuel to be Delivered by Marine Delivery is in conformance with the Specification within such a period. Any nonconforming Marine Delivery shall not be offloaded from Seller’s nominated vessel into Hawaiian Electric’s designated third-party facilities receiving tank. Hawaiian Electric shall not have an obligation to store any nonconforming Biofuel on Seller’s behalf. (c) Seller agrees that should its laboratory testing of the Precautionary Sample indicate a potential quality problem, including but not limited to, a quality as determined that does not conform to the Specification, the vessel operator shall not be instructed to commence Delivery of its cargo to Hawaiian Electric until such time as the loaded Biofuel is determined to conform with the Specification.

Precautionary Load Port Sampling. In order to reduce the likelihood of Seller’s marine Delivery resulting in quality problems arising in the receiving tank(s) at the third party receiving facilities, Seller Xxxxxx agrees to: (a) Permit the Independent Inspector to inspect the receiving cargo tanks of Seller’s vessel immediately prior to the commencement of the loading of the Biofuel Biodiesel cargo to ensure that they contain no more than reasonable minimum retains of the previous cargo and shall draw composite samples of any retain (“Vessel O.B.Q. Samples”), if such retain is accessible to standard sampling equipment. The Vessel O.B.Q. Samples shall be sealed and held by the Independent Inspector for a period of not less than three (3) months, (b) Test a volumetric weighted average composite of samples of the Biofuel Biodiesel cargo (“Precautionary Sample”). The Precautionary Sample shall be drawn under the supervision of the Independent Inspector from Seller’s vessel’s tanks at the completion of loading in such a manner as to be representative of the relevant cargo after the arrival of the vessel at the designated Oahu Harbor, but prior to commencement of the cargo at the Discharge Pier. This sample should be divided into three (3) parts, one of which is to be tested by Seller, one to be sent via air freight to Hawaiian Electric and one part retained by the Independent Inspector. The Precautionary Sample shall be divided into a minimum of three (3) parts as follows: 1. One part shall be provided to Seller’s laboratory for analysis to determine quality; 2. One part shall be provided to Hawaiian Electric for the purpose of verifying Seller’s determinations; 3. At least one part shall be sealed and provided to the Independent Inspector to be retained for a period of not less than forty-five (45) Days. Seller agrees to provide Hawaiian Electric and the Independent Inspector with the results of its determinations representing the quality of the Precautionary Sample no later than seventy-two (72) hours after the completion of the loading of Seller’s vessel. Should Seller’s laboratory be unable to determine the Biofuel Biodiesel to be Delivered by Marine Delivery is in conformance with the Specification within such a period. Any nonconforming Marine Delivery shall not be offloaded from Seller’s nominated vessel into Hawaiian Electric’s designated third-party facilities receiving tank. Hawaiian Electric shall not have an obligation to store any nonconforming Biofuel Biodiesel on Seller’s behalf. (c) Seller agrees that should its laboratory testing of the Precautionary Sample indicate a potential quality problem, including but not limited to, a quality as determined that does not conform to the Specification, the vessel operator shall not be instructed to commence Delivery of its cargo to Hawaiian Electric until such time as the loaded Biofuel Biodiesel is determined to conform with the Specification.

Precautionary Load Port Sampling. In order to reduce the likelihood of Seller’s marine Delivery delivery resulting in quality problems arising in the receiving tank(s) at the third party receiving facilitiesReceiving Facility, Seller agrees to use, and cause its transporter to use, all prudent and industry standard operating practices and procedures during the loading, transport and unloading of Biodiesel from Seller’s Facility to the Receiving Facility. Seller shall, or shall cause its transporter to, thoroughly maintain, clean and prepare all Transport Containers consistent with such industry standard operating procedures. Testing shall be conducted on Biodiesel and certified prior to shipment of the Transport Container(s) using the following procedure: (a) Permit the Independent Inspector to inspect the receiving cargo tanks of Seller’s vessel immediately prior to the commencement of the loading of the Biofuel cargo to ensure that they contain no more than reasonable minimum retains of the previous cargo and shall draw composite samples of any retain (“Vessel O.B.Q. Samples”), if such retain is accessible to standard sampling equipment. The Vessel O.B.Q. Samples shall be sealed and held by the Independent Inspector for a period of not less than three (3) months, (b) Test a volumetric weighted average composite of samples of the Biofuel Biodiesel cargo (“Precautionary Sample”). The Precautionary Sample shall be drawn under the supervision of the Independent Inspector from Seller’s vessel’s tanks at the completion of loading in such a manner as to be representative of the relevant cargo after the arrival of the vessel at the designated Oahu Harbor, but prior to commencement of the cargo at the Discharge PierLoad Port. This sample should be divided into three (3) parts, one of which is to be tested by Seller, one to be sent via air freight to Hawaiian Electric HECO and one part retained by the Independent Inspector. The Precautionary Sample shall be divided into a minimum of three (3) parts as follows: 1. One part shall be provided to Seller’s laboratory for analysis to determine quality; 2. One part shall be provided to Hawaiian Electric HECO for the purpose of verifying Seller’s determinations; 3. At least one part shall be sealed and provided to the Independent Inspector to be retained for a period of not less than forty-five (45) Days45 days. Seller agrees to provide Hawaiian Electric HECO and the Independent Inspector with the results of its determinations (a Certificate of Quality) representing the quality of the Precautionary Sample no later than seventy-seventy two (72) hours after the completion of the loading of Seller’s vesselTransport Container(s). Should Seller’s laboratory be unable to determine the Biofuel Biodiesel to be Delivered by Marine Delivery delivered is in conformance with the Specification within such a period. Any nonconforming Marine Delivery shall not be offloaded from Seller’s nominated vessel into Hawaiian Electric’s designated third-party facilities receiving tank. Hawaiian Electric , HECO shall not have an obligation to receive or store any nonconforming Biofuel Biodiesel on Seller’s behalf. (cb) Seller agrees that should its laboratory testing of the Precautionary Sample indicate a potential quality problem, including but not limited to, a quality as determined that does not conform to the Specification, the vessel operator shall Transport Containers will not be instructed ship to commence Delivery of its cargo to Hawaiian Electric HECO until such time as the loaded Biofuel Biodiesel is determined to conform with the Specification.