Quality and Quantity. (a) The Goods, Services and Equipment shall be supplied or leased to the Company in the quantities, and at the prices, stated in the Purchase Order and, in the case of Goods and Equipment, the Supplier shall not substitute the Goods or Equipment with any similar alternative goods or equipment.
(b) The Supplier warrants that:
(i) the Goods will be of merchantable quality, current manufacture, appropriate grade and suitable capacity, and be free from all defects and imperfections affecting performance;
(ii) the Goods, Services and Equipment will conform in all respects to the stipulated specifications, and conform with all Relevant Laws and applicable codes and standards;
(iii) the Services will be performed in accordance with best practice standards of skill, care and diligence to be expected of a competent contractor performing similar services;
(iv) the Equipment is in good working order and condition and does not contain any defects which may adversely impact the Company’s use thereof for its intended purpose or may impact the health or safety of the Company’s personnel;
(v) all required service and maintenance of the Equipment has been undertaken and is up to date; and
(vi) its obligations hereunder will be performed by competent and appropriately skilled and trained personnel.
Quality and Quantity. 2.1. The Slag shall be delivered EXW the Site.
2.2. Information on the quality and quantity of the Slag is based at this stage on information given by the SUPPLIER. This Agreement covers the tonnages of the Slag in stock zones I, J, K1, K2 and TAS-GL (a map of the stock zones is attached as Appendix 1 forming an integral part of this Agreement) : This represents at least 4 million dry tons of Slag having the following average analysis (and is attached as Appendix 2 and forming an integral part of this Agreement) : -Co: 1.85% -Cu: 1.39% -Zn: 7.49% The quantity of Slag mentioned in Appendix 2 should be sufficient for the production of Cobalt Alloy containing 5,000 tons of Cobalt per year for a period of 15 years.
2.3. Should the total tonnage of Slag corresponding to the minimal specifications be higher than the total quantities indicated above, the PURCHASER shall have the right of first refusal to buy the excess of the Slag at terms and conditions to be set out. In case GECAMINES wants to utilize other part of the stock than what is defined in Article 2.2, the PURCHASER shall have the right of pre-emption to use it within 3 months after the written notice addressed by GECAMINES to the PURCHASER. The purchase conditions on all or part of that part of the stock shall be negotiated in the event the pre-emption right is used.
2.4. The SUPPLIER has delivered a preliminary map indicating the cobalt contents of the different zones of the Site. Such map is only preliminary, and shall not have any value of evidence with regard to the cobalt content of the Slag in the different zones of the Site. The PURCHASER shall have the right to take samples in order to analyze the cobalt content of the Slag. Should an essential part of the Slag have a cobalt content below the allowed average content, and the J.V. find that the project is not economically viable, according to the feasibility studies, the J.V. shall have the right at its full and independent discretion, to terminate this Agreement by means of a written notice delivered to the SUPPLIER at the latest 6 months after entering into force of this Agreement.
2.5. The SUPPLIER undertakes to sell to the PURCHASER the quantity of Slag needed to produce the Cobalt Alloy as determined annually by the PURCHASER. That annual production shall be realized according to the agreed processing conditions and shall not be superior to 5,000 tons of cobalt contained in the Cobalt Alloy without the approval of the SUPPLIER. Nevertheles...
Quality and Quantity. 1. The results ascertained by the Inspector shall be binding on the Parties, except in case of fraud or manifest error.
Quality and Quantity. Assumption of goods is carried out in the factories of the Contracting Entity. The Supplier must prove 100% quality and both delivery date and quantity compliance. Signatures and stamps of release of goods are not considered as final assumption. Inappropriate or unsuitable deliveries are sent back by the Contracting Entity to the Supplier, thereby charging him the due costs. The Contracting Entity reserves the right to demand compensation for these insufficient deliveries, which shall be invoiced under the same terms.
Quality and Quantity. The quantity of Product handled hereunder shall be determined by meter, gauge or such other procedure as the Parties shall mutually agree. Measured volumes at recorded or observed temperatures and pressures will be converted to volumes at sixty (60) degrees Fahrenheit and atmospheric pressure in accordance with ASTM International D-1250 Petroleum Measurement Tables, or latest revisions thereof. All measurements shall be determined by Operator, but Owner or its authorized representatives may be present to witness any measurements. The volume of impurities in Product received and delivered by Operator will be measured by an electrical or mechanical device or by physical test, in accordance with the latest American Petroleum Institute Standards covering the measuring, sampling, and testing of Product.
Quality and Quantity. WDMWW shall use reasonable diligence and efforts to produce finished drinking water and to operate, maintain and manage the WDMWW Designated Water Supply Facilities to produce finished drinking water which is (i) in compliance with applicable State and Federal drinking water quality regulations; (ii) in compliance with all applicable water supply operation permits;
Quality and Quantity. The Inventory consisted of a quality and quantity usable and saleable in the ordinary course of the Group’s business.
Quality and Quantity. 2.1. The quality of the Goods sold under this Contract shall meet the specification indicated in the Appendix No. 1.
2.2. Quality and quantity measurement at unloading port shall be done by a recognized Surveyor like SGS, “Say bolt” or LLOYDS and their results should be accepted by both parties obligatory.
2.3. The Sellers’ responsibility is to deliver products according to the specifications attached below in this contract, stated in the Appendix No. 1.
2.4. Quality and quantity certificate should be issued by SGS or equivalent, in loading port on seller cost, and in discharging port on buyer cost.
Quality and Quantity. 3.1 It is a condition of the Contract that the Goods delivered by the Seller shall:
3.1.1 Correspond as to description, quality and conditions with the particulars stated or referred to in the Purchase Order;
3.1.2 Conform to any sample, pattern, and drawing or design approved in writing or supplied by the Buyer;
3.1.3 Be of sound materials and workmanship;
3.1.4 Meet any standard or inspection or performance stated or referred to on the Purchase Order or otherwise communicated by the Buyer to the Seller;
3.1.5 Be fit for any purpose expressly or impliedly made known to the Seller, or otherwise for their ordinary purpose;
3.1.6 Comply with the relevant requirements of common law and any statute, statutory rule or order or other regulation having the force of law which may be in operation on delivery. In particular but without prejudice to the generality of the foregoing, the Seller undertakes to comply in every respect with the requirements of the Health and Safety at Work Act 1974;
3.1.7 Where the goods or materials are required for inclusion in works in which the Buyer is the contractor, the goods or materials shall be to the satisfaction of the Buyer and any architect/engineer or supervising officer named in the construction contract to which the Buyer is a party.
3.1.8 Where applicable be of equal or greater quality or standard than any relevant statutory provision or recommendation, British Standard or B.S. Code of Practice, E.C. Regulation or European Directive.
3.2 The Buyer’s rights under these Conditions are in addition to the statutory conditions implied in favour of the Purchase by the Sale of Goods Act 1979.
3.3 If the Goods are delivered to the Buyer in excess of the quantities ordered the Buyer shall not be bound to pay for the excess. Any excess shall be and shall remain at The Seller’s risk and shall be collected and returned at the Seller’s expense within a reasonable period of time. Any additional disposal/moving costs incurred by the Buyer due to the Seller not collecting the Goods shall be levied against the Seller.
Quality and Quantity. 5.1. Quality: As per attached Guarantee specification (attachment 2).
5.2. Quantity: Quantity shall be based on loading BL figure as verify by the independent and reputable international inspector at load port.
