Common use of Quality Testing Clause in Contracts

Quality Testing. 2.5.1. Magellan reserves the right to perform quality control testing. Any quality testing performed will be made in accordance with American Society for Testing and Materials (ASTM) standards or other industry accepted testing methods as found in industry standards, recommended practices, guides and manuals. The results of tests made by Magellan will be conclusive and binding on both Parties, except in the event of fraud or manifest error. 2.5.2. Customer may test the quality of the Product, at Customer’s sole expense, prior to such Product being delivered to a Vessel and Customer will provide a copy of such test results to Magellan within one business day after the date the sample was taken. If Customer fails to test the quality of any Product prior to loading onto a Vessel or fails to provide notice of any claim on or before the 5th day after the Product has been loaded onto a Vessel, any claim against Magellan for degradation or contamination of that Product will be deemed waived.

Appears in 3 contracts

Samples: Dock Capacity Allocation Contract, Dock Capacity Allocation Contract, Dock Capacity Allocation Contract

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Quality Testing. 2.5.12.4.1. Magellan reserves the right to perform quality control testing. Any quality testing performed will be made in accordance with American Society for Testing and Materials (ASTM) standards or other industry accepted testing methods as found in industry standards, recommended practices, guides and manuals. The results of tests made by Magellan Xxxxxxxx will be conclusive and binding on both Parties, except in the event of fraud or manifest error. 2.5.22.4.2. Customer may test the quality of the Product, at Customer’s sole expense, prior to such Product being delivered to a Vessel and Customer will provide a copy of such test results to Magellan within one business day after the date the sample was taken. If Customer fails to test the quality of any Product prior to loading onto a Vessel or fails to provide notice of any claim on or before the 5th day after the Product has been loaded onto a Vessel, any claim against Magellan for degradation or contamination of that Product will be deemed waived.

Appears in 2 contracts

Samples: Dock Capacity Allocation Contract, Dock Capacity Allocation Contract

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Quality Testing. 2.5.12.4.1. Magellan reserves the right to perform quality control testing. Any quality testing performed will be made in accordance with American Society for Testing and Materials (ASTM) standards or other industry accepted testing methods as found in industry standards, recommended practices, guides and manuals. The results of tests made by Magellan will be conclusive and binding on both Parties, except in the event of fraud or manifest error. 2.5.22.4.2. Customer may test the quality of the Product, at Customer’s sole expense, prior to such Product being delivered to a Vessel and Customer will provide a copy of such test results to Magellan within one business day after the date the sample was taken. If Customer fails to test the quality of any Product prior to loading onto a Vessel or fails to provide notice of any claim on or before the 5th day after the Product has been loaded onto a Vessel, any claim against Magellan for degradation or contamination of that Product will be deemed waived.

Appears in 1 contract

Samples: Dock Capacity Allocation Contract

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