Common use of Product Quantity Inspection Clause in Contracts

Product Quantity Inspection. The Inspector shall determine ---------------------------- the quantity of Product for payment purposes as follows: (a) Each empty tank truck shall be weighed on the platform scale at the Delivery Point/Alternative Delivery Point, or an alternative independent platform scale mutually acceptable to the Parties. Once Product is completely loaded onto the tank trucks, such tank truck will be weighed at the same platform scale upon its departure. The weight obtained by the differential between these two measurements shall be converted into volume in Gallons and corrected at 60 degrees F in accordance with the Compliance Procedures, through the determination of the specific gravity through gas chromatograph provided by Seller or by Inspector. The Inspector shall take samples at the Delivery Point (at the Micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Pont) for every 50,000 Gallons received at the Delivery Point. The gas chromatograph utilized shall be calibrated in accordance with the latest ASTM and GPA procedures. (b) Seller's terminal platform scale at the Delivery Point/ Alternative Delivery Point will be tested and adjusted for accuracy and least once every sixty (60) Days. Seller will be required to comply with the calibration and certification procedures adopted by Mexican authorities in accordance with Official Standards (NOM-010-SCFI-1994 (1999)). Buyer's Representative and Inspector may witness the calibration and certification procedures. Seller shall provide Buyer via fax a copy of the above-mentioned certificates. If Seller's terminal platform scale at the Delivery Point/Alternative Delivery Point is used, and/or any claim is received by Buyer from PGPB, Buyer reserves the following rights: To execute evaluation procedures on a random basis sending tank trucks to an independent scale to test the accuracy of such scale and recover damages from Seller for any discrepancy found. (c) If Seller's platform scale at the Delivery Point/ Alternative Delivery Point is not suitable for the service due to non-compliance with the above-mentioned Official Standards and an independent platform scale is used, the Parties will share equally the cost of weighing the tank trucks before and after loading. TRD-DP-052/05 DTIR-05-018 (d) If Seller at any time replaces the platform scales at its terminal at the Delivery Point/Alternative Delivery Point, such new scales shall be used to weigh all tank trucks receiving Product at the Delivery Point/Alternative Delivery Point, and shall be operated and maintained in accordance with the above provisions. Seller shall be responsible for all costs expenses associated with such new scales. (e) For customers and inventory-management purposes, Product pumped through Seller's pipeline from the Injection Point to the Delivery Point shall be measured on a daily basis at the Micromotion measurement device installed at the Delivery Point. Readings by such device shall be registered by the Inspector, Mexican authorities, PGPB's customs broker, Buyer's Representative and Seller's representative. A reading of the quantity of Product pumped will be calculated on the basis of the differential between the readings taken at 00:00 hrs. and the reading taken the previous Day at 00:00 hrs., converted to volume in Gallons and corrected at 60 degrees F, through the determination of the specific gravity by samples taken at the Delivery Point (at the Micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Point) for every 50,000 Gallons received at the Delivery Point, through GC. Additionally, for verification and customs purposes, Product pumped through Seller's pipeline form the Injection Point to the Delivery Point shall be measured on a weekly basis every Monday at the Micromotion measurement device installed at the Delivery Point. Readings by such device shall be witnessed by the Inspector, Mexican authorities, PGPB's customs broker, Buyer's Representative and Seller's representative. A reading of the quantity of Product pumped will be calculated on the basis of the differential between the current reading and the reading taken the previous Monday at the same time converted to volume in Gallons and corrected at 60 degrees F, through the determination of the specific gravity by samples taken at the Delivery Point (at the Micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Point) for every 50,000 Gallons received at the Delivery Point on the immediate preceding five (5) Days, through GC. The inspector shall take line samples and shall test the batch pumped at the time of the readings.

Appears in 2 contracts

Samples: Purchase and Sales Agreement (Rio Vista Energy Partners Lp), Matamoros LPG Mix Purchase and Sales Agreement (Penn Octane Corp)

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Product Quantity Inspection. The Inspector shall determine ---------------------------- the quantity of Product for payment purposes as follows: (a) Each empty tank truck shall be weighed on the platform scale at the Delivery Point/Alternative Delivery Point, or an alternative independent platform scale mutually acceptable to the Parties. Once Product is completely loaded onto the tank trucks, such tank truck will be weighed at the same platform scale upon its departure. The weight obtained by the differential between these two measurements shall be converted into volume in Gallons and corrected at 60 degrees 60°F in accordance with the Compliance Procedures, through the determination of the specific gravity through gas chromatograph provided by Seller or by Inspector. The Inspector shall take samples at the Delivery Point (at the Micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Pont) for every 50,000 Gallons received at the Delivery Point. The gas chromatograph utilized shall be calibrated in accordance with the latest ASTM and GPA procedures. (b) Seller's terminal platform scale at the Delivery Point/ Point/Alternative Delivery Point will be tested and adjusted for accuracy and at least once every sixty six (606) DaysMonths. Seller will be required to comply with the calibration and certification procedures adopted by Mexican authorities in accordance with Official Standards (NOM-010-SCFI-1994 (1999)SCFI latest version). Buyer's Representative Representatives and Inspector may witness the calibration and certification procedures. Seller shall provide Buyer via fax a copy of the above-mentioned certificates. If Seller's terminal platform scale at the Delivery Point/Alternative Delivery Point is used, and/or any claim is received by Buyer from PGPB, Buyer reserves the following rights: To execute evaluation procedures on a random basis sending tank trucks to an independent scale to test the accuracy of such scale and recover damages from Seller for any discrepancy found. (c) If Seller's platform scale at the Delivery Point/ Point/Alternative Delivery Point is not suitable for the service due to non-non- compliance with the above-mentioned Official Standards and an independent platform scale is used, the Parties will share equally the cost of weighing the tank trucks before and after loading. TRD-DP-052/05 DTIR-05-018. (d) If Seller at any time replaces the platform scales at its terminal at the Delivery Point/Alternative Delivery Point, such new scales shall be used to weigh all tank trucks receiving Product at the Delivery Point/Alternative Delivery Point, and shall be operated and maintained in accordance with the above provisions. Seller shall be responsible for all costs and expenses associated with such new scales. (e) For customers customs and inventory-management purposes, Product pumped through Seller's pipeline from the Injection Point to the Delivery Point shall be measured on a daily basis at the Micromotion micromotion measurement device installed at the Delivery Point. Readings by such device shall be registered by the Inspector, Mexican authorities, PGPB's customs broker, Buyer's Representative and Seller's representative. A reading of the quantity of Product pumped will be calculated on the basis of the differential between the readings taken at 00:00 hrs. and the reading taken the previous Day at 00:00 hrs., converted to volume in Gallons and corrected at 60 degrees 60°F, through the determination of the specific gravity by samples taken at the Delivery Point (at the Micromotion micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Point) for approximately every 50,000 Gallons received at the Delivery Point, through GC. Additionally, for verification and customs purposes, Product pumped through Seller's pipeline form from the Injection Point to the Delivery Point shall be measured on a weekly basis every Monday at the Micromotion micromotion measurement device installed at the Delivery Point. Readings by such device shall be witnessed by the Inspector, Mexican authorities, PGPB's customs broker, broker Buyer's Representative and Seller's representative. A reading of the quantity of Product pumped will be calculated on the basis of the differential between the current reading and the reading taken the previous Monday at the same time converted to volume in Gallons and corrected at 60 degrees 60°F, through the determination of the specific gravity by samples taken at the Delivery Point (at the Micromotion micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Point) for approximately every 50,000 Gallons received at the Delivery Point on the immediate preceding five (5) Days, through GC. The inspector Inspector shall take line samples and shall test the batch pumped at the time of the readings.

Appears in 2 contracts

Samples: LPG Purchase and Sales Agreement (Rio Vista Energy Partners Lp), LPG Purchase and Sales Agreement (Penn Octane Corp)

Product Quantity Inspection. The Inspector shall determine ---------------------------- the quantity of Product LPG Mix for payment purposes proposes as follows: (a) Each empty tank truck shall be weighed on the platform scale at the Delivery Point/Alternative Delivery Point, or an alternative independent platform scale mutually acceptable to the Parties. Once Product LPG Mix is completely loaded onto the tank trucks, such tank truck will be weighed weighted at the same platform scale upon its departure. The weight obtained by the differential between these two measurements shall be converted into the volume in Gallons and corrected at 60 degrees F in accordance with the Compliance Procedures, through the determination of the specific gravity through either a gas chromatograph provided by Seller or by InspectorInspector (the "GC") analysis (ASTM D-2163 and D-2598) or by Pressure Thermo Hydrometer Method (ASTM D-1657). The Inspector shall take samples at and shall test each tank truck loaded for the Delivery Point (at the Micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Pont) for every 50,000 Gallons received at the Delivery Pointabove-mentioned methods. The gas chromatograph utilized GC shall be calibrated in accordance with the latest ASTM and GPA procedures. (b) Seller's terminal platform scale at the Delivery Point/ Point/Alternative Delivery Point will be tested and adjusted for accuracy and least at lease once every sixty thirty (6030) Daysdays. Seller will be required to comply with the calibration and certification procedures adopted by Mexican authorities in accordance with Official Standards (NOM-010-SCFI-1994 (1999)). Buyer's Representative Representatives and Inspector may witness the calibration and certification procedures. Seller shall provide Buyer via fax a monthly copy of the above-mentioned certificates. If Seller's terminal platform scale at the Delivery Point/Alternative Delivery Point is used, and/or any claim is received by Buyer from PGPB, Buyer reserves the following rights: To execute evaluation procedures on a random basis sending tank trucks to an independent scale to test the accuracy of such scale and recover damages from Seller for any discrepancy found. (c) If Seller's platform scale at the Delivery Point/ Point/Alternative Delivery Point is not suitable for the service due to non-compliance with the above-mentioned Official Standards and an independent platform scale is used, the Parties will share equally the cost costs of weighing the tank trucks before and after loading. TRD-DP-052/05 DTIR-05-018. (d) If Seller at any time replaces the platform scales at its terminal at the Delivery Point/Alternative Delivery Point, such new scales shall be used to weigh all tank tanks trucks receiving Product LPG Mix at the Delivery Point/Alternative Delivery Point, and shall be operated and maintained in accordance with the above provisions. Seller shall be responsible for all costs and expenses associated with such new scales. (e) For customers customs and inventory-management purposes, Product LPG Mix pumped through Seller's pipeline from the Injection Point to the Delivery Point shall be measured on a daily basis at the Micromotion measurement device installed at the Delivery Point. Readings by such device shall be registered by the Inspector, Mexican authorities, PGPB's customs broker, Buyer's Representative and Seller's representative. A reading of the quantity of Product pumped will be calculated on the basis of the differential between the readings taken at 00:00 hrs. and the reading taken the previous Day at 00:00 hrs., converted to volume in Gallons and corrected at 60 degrees F, through the determination of the specific gravity by samples taken at the Delivery Point (at the Micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Point) for every 50,000 Gallons received at the Delivery Point, through GC. Additionally, for verification and customs purposes, Product pumped through Seller's pipeline form the Injection Point to the Delivery Point shall be measured on a weekly basis every Monday at the Micromotion measurement device installed at the Delivery Point. Readings by such device shall be witnessed by the Inspector, Mexican authorities, PGPB's customs broker, Buyer's Representative and Seller's representative. A reading of the quantity of Product LPG Mix pumped will be calculated on the basis of the differential between the current reading and the reading taken the previous Monday at the same time converted to volume in DTIR-02-0015 Gallons and corrected at 60 degrees F, through the determination of the average of the specific gravity by samples taken at the Delivery Point (at the Micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Point) for every 50,000 Gallons received at the Delivery Injection Point on the immediate preceding five (5) Days, through GCeither a GC analysis or by the Pressure Thermo Hydrometer Method (ASTM D-1657). The inspector shall Inspector will take line samples and shall will test the batch pumped at the time of the readingsreading.

Appears in 1 contract

Samples: Sales Contracts (Penn Octane Corp)

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Product Quantity Inspection. The Inspector shall determine ---------------------------- the quantity of Product for payment purposes LPG to be delivered at the Delivery Point as follows:provided in this Section and his findings shall be binding in the absence of fraud, bad faith or gross error. (a) 4.3.1. Each empty tank truck shall be weighed on the platform scale at the Delivery Point/Alternative Delivery Point, or an alternative independent platform scale mutually acceptable to the Parties. Once Product LPG is completely loaded onto the tank trucks, such tank truck will be weighed at the same platform scale upon its departure. The weight obtained by the differential between these two measurements shall be converted into volume in Gallons and corrected at 60 degrees F 60oF in accordance with the latest version of the ASTM procedures (“Compliance Procedures”), through the determination of the specific gravity through a gas chromatograph provided by Seller Shipper or by the Inspector. The Inspector shall take samples at the Delivery Point (at the Micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery PontPoint) for every 50,000 Gallons received at the Delivery Point. The gas chromatograph utilized shall be calibrated in accordance with the latest ASTM and GPA procedures. (b) Seller's 4.3.2. The terminal platform scale at the Delivery Point/ Alternative Delivery Point will be tested and adjusted for accuracy and at least once every sixty (60) Days. Seller Carrier will be required to comply with the calibration and certification procedures adopted by Mexican authorities in accordance with Official Standards (NOM-010-SCFI-1994 (1999)). Buyer's Representative PMI’s representatives and the Inspector may witness the calibration and certification procedures. Seller Shipper or Carrier shall provide Buyer PMI via fax a copy of the above-mentioned certificates. If Seller's the terminal platform scale at the Delivery Point/Alternative Delivery Point is used, and/or used or any claim is received by Buyer Shipper from PGPB, Buyer Shipper and PMI reserves the following rights: To right to execute evaluation procedures on a random basis sending tank trucks to an independent scale to test the accuracy of such scale and recover damages from Seller Carrier for any discrepancy found. (c) 4.3.3. If Seller's the terminal platform scale at the Delivery Point/ Alternative Delivery Point is not suitable for the service due to non-compliance with the above-mentioned Official Standards and an independent platform scale is used, the Parties will share equally the cost of weighing the tank trucks before and after loading, 4.3.4. TRD-DP-052/05 DTIR-05-018 (d) If Seller at any time replaces the platform scales at its terminal at the Delivery Point/Alternative Delivery PointPoint are replaced, such new scales shall be used to weigh all tank trucks receiving Product LPG at the Delivery Point/Alternative Delivery Point, and shall be operated and maintained in accordance with the above provisions. Seller shall be responsible for all costs expenses associated with such new scales. (e) For customers 4.3.5. Until such time as the measuring facilities at the Receipt Point and the Delivery Point are installed and calibrated pursuant to Section 6.3 and 6.4, for customs and inventory-management purposes, Product LPG pumped through Seller's pipeline Carrier’s System from the Injection Receipt Point to the Delivery Point shall be measured on a daily basis at the Micromotion measurement device installed at the Delivery Point. Readings by such device shall be registered by the Inspector, Mexican authorities, PGPB's customs broker, BuyerPMI's Representative representative and SellerShipper's representativeor Carrier’s representatives. A reading of the quantity of Product LPG pumped will be calculated on the basis of the differential between the readings taken at 00:00 hrs. and the reading taken the previous Day at 00:00 hrs., converted to volume in Gallons and corrected at 60 degrees F60oF, through the determination of the specific gravity by samples taken at the Delivery Point (at the Micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Point) for every 50,000 Gallons received at the Delivery Point, Point through GCthe gas chromatograph. 4.3.6. Additionally, for verification and customs purposes, Product LPG pumped through Seller's pipeline form Carrier’s System from the Injection Receipt Point to the Delivery Point shall be measured on a weekly basis every Monday at the Micromotion measurement device installed at the Delivery Point. Readings by such device shall be witnessed by the Inspector, Mexican authorities, PGPB's customs broker, BuyerPMI's Representative representative and SellerShipper's representativeor Carrier’s representatives. A reading of the quantity of Product LPG pumped will be calculated on the basis of the differential between the current reading and the reading taken the previous Monday at the same time converted to volume in Gallons and corrected at 60 degrees F60oF, through the determination of the specific gravity by samples taken at the Delivery Point (at the Micromotion measurement device installed at the connection point between Seller's pipeline and the Delivery Point) for every 50,000 Gallons received at the Delivery Point on during the immediate preceding five (5) Days, Days through GCthe gas chromatograph. The inspector Inspector shall take line samples and shall test the batch pumped at the time of the readings. 4.3.7. Carrier and Shipper shall not and will not be required to verify or monitor the (i) qualifications or competence of any drivers of any tank trucks receiving LPG at the Delivery Point or (ii) the qualification or condition of any tank trucks receiving LPG at the Delivery Point. Both Parties acknowledge that it is the responsibility of PMI to verify that all its designees who accept delivery of LPG at the Delivery Point shall be fully in conformance with all Mexican laws and regulations and that Carrier shall not be required to provide this service.

Appears in 1 contract

Samples: LPG Transportation Agreement (Rio Vista Energy Partners Lp)

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