Common use of PRODUCT MEASUREMENT Clause in Contracts

PRODUCT MEASUREMENT. 8.1 Quantities of Product received into and delivered from the Terminal will be determined for the applicable mode of receipt and delivery of Product by either (i) tank gauge reading taken before and after each receipt or delivery, or (ii) other appropriate quantity measuring devices, as determined by Operator. Absent obvious error, the quantities of Products in storage at any time will be determined from Terminal inventory records of receipts and deliveries. Inventory records of Product will be verified against the sum of the material in the Handling Infrastructure as well as line charge. Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that if Customer does not have representatives present for gauging, Operator’s gauging will be conclusive. Customer may use certified public inspectors at its own expense. 8.2 Unless indicated otherwise, quantity determinations will be based on a gallon of Product. 8.3 Operator certifies to Customer the accuracy of all gauging and Terminal records as to quantities, and grants Customer and its authorized representatives access during Operator’s normal business hours and upon reasonable prior notice for purposes of examination, testing and audit of Terminal records pertaining to the receipt, handling, storage and delivery of Customer’s Product.