Common use of Product Quality Standards and Requirements Clause in Contracts

Product Quality Standards and Requirements. 5.1 Operator will not be obligated to receive into the Terminal any Product that is contaminated. 5.2 Operator may sample any Product tendered to Operator for Customer’s account for the purpose of conducting an analysis of such Product. The cost of such analysis will be borne by Operator. 5.3 Operator will deliver to Customer the Product that is stored in the segregated Handling Infrastructure provided for in this Agreement. At the time of each receipt from Customer, a certificate setting forth quality, grade and other specifications must be delivered to Operator. Each Party may at all reasonable times make appropriate tests to determine whether Product stored or delivered meets those specifications. 5.4 Operator will be liable to Customer and any of Customer’s purchasers by reason of contamination of Product that fails to meet Customer’s specifications only to the extent such contamination is caused by Operator’s negligence.