Quality Determination. 6.1 The weighting and sampling during unloading is shall be carried out by the buyer respective on receipt at a different unloading berth by the warehouse keeper.
6.2 In the event that the quality ascertained at the place of delivery is below or above the value- reducing level, the buyer has the right to refuse acceptance or to make customary market deductions (see relevant deduction table). The markdown table can be made available upon request.
6.3 The buyer is entitled to store the goods before the results of the analysis are available and, if necessary with regard to the storage capacities, to mix them with goods already in storage.
6.4 If the goods prove to be defective, the seller is also liable for the goods which have now be contaminated. Apart from this, the rights of the buyer in this case der determined pursuant to clause 4 of the Defect Guarantee.
6.5 Valid investigation methods in disputes:
6.5.1. protein content: in dry matter (Nx5,7) (ICC 105/2 Kjeldahl or ICC 167 Xxxxx)
6.5.2. moisture content: ICC 110/1
6.5.3. falling number: ICC 107/1
6.5.4. wet gluten: ICC 155 6.5.5. germination >85%.
6.5.6. HL weight: ISO 7971-2
6.5.7. determination of impurities: ICC 102/1 wheat, spelt, durum; ICC 103/1 rye
6.5.8. DON / OTA / ZEA: HPLC or gas chromatography
6.5.9. allergenic substances (PCR for mustard, ELISA for soya, lupin)
Quality Determination. 10.1 Where the commodity has been sold delivered to the BUYER's nominated store, basis DAP or DDP, and fails on an immediate inspection conducted by the Receiver to meet the quality as specified herein, the Receiver shall not unload the commodity, and shall not i f y the SELLER as soon as possible, but no later than 24 hours from arrival of the commodity. Failure of the Receiver to give such notice, as required, shall preclude the BUYER from claiming for deficiency of quality against the SELLER, where such deficiency would or should have been apparent on reasonable inspection. The SELLER shall be allowed 24 hours from time of the notice of deficiency being given to inspect the commodity to verify the quality. If the SELLER does not do so, he shall be deemed to accept the Receiver's findings as to quality. Should the SELLER and the BUYER fail to agree on the quality of the commodity, a second sample shall be drawn in accordance with the Agricultural Products Standards Act 1990 (and any amendments thereof or replacement Acts) with a suitable double tube probe in the case of bulk deliveries, or a suitable bag-probe in the case of deliveries in bags, or by such other method and by such person or persons agreed to by the parties. Such sample shall be sealed and shall bear on the label all relevant information required for analysis. All analysis shall be done by an independent analyst/surveyor agreed to by the parties or else nominated by the AFSA Secretariat. The results so determined shall be final and binding upon the parties. If allowances resulting from this analysis cannot be mutually agreed by the parties the matter shall be submitted to arbitration for determination in terms of clause 15. All costs of sampling and analysis shall be borne by the defaulting party.
10.2 Where the commodity has been sold EXW , FCA, CPT or CIP, the quality shall be determined by the Silo/Warehouse Operator and the quality so determined shall, unless the parties agree otherwise in writing, be final and binding on the parties.
10.3 Where commodity represented by Silo Certificate/s is traded, the quality or grade determined at the time of outloading shall be final and binding on the parties.
10.4 Where commodity is despatched for export by sea the quality shall be determined from a sample taken by a recognised first class surveyor or inspection agency upon arrival of the commodity at the port of export. The quality so determined shall be final and binding on the parties.
10.5 Wh...
Quality Determination. (a) All samples, measurements and determinations drawn, taken and made, respectively, under this Section 6.4 shall be for Fuel in Seller’s tank prior to Pipeline Delivery, however the quality determination for MATS Fuel Deliveries will be based on […]. All such samples shall be considered Final Sample and will be drawn by Seller unless Hawaiian Electric elects to have samples drawn under the supervision of the Independent Inspector. Seller and Hawaiian Electric will share equally the cost of the Independent Inspector
(b) The quality and BTU Content of the Fuel Delivered shall be determined on the basis of a volumetric weighted average composite of samples drawn from Seller’s issuing tank(s) at Seller’s Refinery for Pipeline Deliveries, or the vessel’s composite sample for Marine Deliveries, in such manner as to be representative of each individual Delivery (“Final Sample”).
(c) The Final 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 including BTU Content per barrel.
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 at least three (3) months.
(d) Seller agrees to provide Hawaiian Electric with a copy of Seller’s Certificate of Quality of Fuel Final Sample, and shall provide this prior to shipment of the Fuel. Seller agrees to provide API gravity to Independent Inspector prior to the shipment of the Fuel.
(e) Hawaiian Electric shall have the right to perform laboratory analyses in order to verify the results of Seller’s laboratory analyses; provided however, that such verification analyses shall be performed in a timely manner. Seller and Hawaiian Electric will make reasonable good faith efforts to evaluate BTU Content and exchange results within […] of the completion of the Pipeline Delivery.
(f) In order to eliminate or minimize the volume of […].
(g) If Hawaiian Electric elects not to commence Pipeline Delivery operations by displacing Seller’s Pipeline Fill with Hawaiian Electric’s Fuel, or if such displacement is operationally unfeasible or impractical for any other cause, Seller and Hawaiian Electric recognize that the Fuel received by Hawaiian Electric in a Pipeline Delivery may be a blend which includes some amount of Seller’s Pipeline Fill (“Pipeline Blend”). In such instance, t...
Quality Determination. Except as otherwise provided in a Schedule, the quality of the Product shall be determined in accordance with the latest established API/ASTM standards.
Quality Determination. Quality determination of all Crude Oil unloaded shall be based on a qualified laboratory’s analyses performed on representative sample obtained by the flow-proportional in-line sampler that performs according to API MPMS 8.2. If the flow-proportional in-line sampler is not available or if it malfunctions, Holdings and Company shall agree on alternate custody transfer samples sources. -C 13-
Quality Determination. Quality shall be determined by load certificate of analysis.
Quality Determination. The determination of API Gravity and BS&W content shall be made of each shipment of Crude Oil. BS&W content and API Gravity shall be determined according to standard international practices acceptable to the relevant Government authorities.
Quality Determination. Seller (at its cost) shall determine the quality of Product by sampling and/or testing according to tests and test methods as defined in the Specifications at the place of loading or if such Specifications do not contain Seller’s applicable tests and test methods, by sampling and testing according to Seller’s customary tests and test methods at the place of loading. In addition, if the vessel used to ship the Product is not dedicated to the shipment of butadiene, Seller shall follow its normal procedures as may be necessary to inspect and clean the vessel prior to loading so the vessel is in a condition that is appropriate for the shipment of Product. In the event that Buyer has cause to complain that the quality of Product loaded on the barge or in the railcar to it pursuant to this Contract does not comply with the applicable Specifications, Buyer shall immediately after the date when the non-compliance was discovered or reasonably should have been discovered, but no later than ninety (90) calendar days after the loading date, give written notice to Seller specifying the nature of its complaint. The Parties agree to negotiate in good faith in respect of any complaint notified to Seller in accordance with this provision. In the absence of any agreement to resolve the complaint, the Parties shall appoint a mutually acceptable independent surveyor to investigate whether the quality of Product as loaded on the barge complied with the Specifications (or, if the Parties cannot agree, any recognized regional or global independent surveyor chosen by Seller). The results of the measurements, sampling and testing by the independent surveyor under this provision with respect to quality shall, in the absence of fraud or clear error, be final and binding as to the quality of the Product loaded. Each Party shall bear its own internal costs associated with any quality dispute, but the costs of any third party to investigate a quality issue under this provision shall be charged to Buyer and Seller on a 50/50 basis.
Quality Determination. 9.1 Quality of Product shall be determined by reference to each delivery when taken as a whole.
9.2 From each delivery Seller shall take and mingle sufficient samples of Product as fairly to represent the average quality of the delivery as a whole and shall have * of the * in its laboratories, send * for * to Buyer and keep * in store for at least six (6) months for control purposes. Seller shall immediately inform Buyer by facsimile or electronic mail of the findings of Seller’s analysis and Buyer shall without delay inform Seller if Buyer’s analysis differs materially from the findings of the Seller’s analysis.
9.3 All analyses of the Product samples shall be performed in accordance with the methods referred to in the Specification Agreement, which methods may be subject to alteration by agreement of both Parties.
9.4 In the event of a dispute over analysis the Parties agree to submit the material retained by Seller for an analysis by an independent laboratory acceptable to both Parties and this analysis shall be binding. The Party whose analysis differs most from the analysis of the independent laboratory shall pay the costs of the analysis by the independent laboratory unless otherwise agreed in writing by the parties.
Quality Determination. (a) NPC shall, before shipment, cause coal samples representative of the shipment to be taken in accordance with ASTM standards and procedures and analyzed by a qualified independent testing laboratory appointed by NPC. CEPA may assign representatives to observe and witness the aforesaid samplings and analyses at its own cost. NPC shall provide CEPA with certificates of analysis. The costs and expenses for such coal testings and analyses will be for the account of NPC.
(b) Upon delivery to CEPA at the Site, all fuel oil and coal shall be tested for compliance with the Fuel Specifications at a laboratory and in accordance with sampling and test procedures and fuel analysis parameters agreed upon by CEPA and NPC and set out in the fuel management agreement referred to in Article 6.
