QUANTITY AND QUALITY DETERMINATION. 3.1 FOB, CFR and CIF Deliveries - Quality, Quantity and Measurement: The quantity and quality of Product delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) and sampling equipment, procedures, calculations, and practices shall be performed according to the most current International measurement, sampling and analysis standards (American Petroleum Institute (API), Energy Institute Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of Standards and Technology (NIST) and ASTM International f/k/a American Society for Testing and Materials (ASTM)). Each commercial Party shall have the right to witness the measurement and sampling processes, provided adequate notification is given to interested parties. The quantity of Product delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by certified meters or draft survey weights for shipments by Vessel; (ii) by certified meters or certified truck weigh scales for shipments by truck; and (iii) by certified meters or certified railroad weigh scales for shipments by railcars. Quantity as determined by the IIC shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. If, for any reason an IIC is not in attendance or if terminal operating procedures prevail, then quantity as determined by terminal personnel shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. Unless otherwise agreed in the applicable Confirmation, the Parties shall equally share the costs of IICs. Seller shall bear the cost of weighing the Product delivered into Buyer's railcars and trucks.
QUANTITY AND QUALITY DETERMINATION a) Quantity shall be determined by the Seller or its providers from the gauge or meter on shore or from the ullage of the tanks of the barge or truck. This determination shall be conclusive, but Buyer shall have the right to be present or be represented by an independent petroleum surveyor at the time of the measurement. If agreed by the Seller and the Buyer in advance, the surveyor's measurement of the barge or pipeline’s outturn shall be conclusive. Volume shall be adjusted to 60°F, or to 15°C, at Sell er's option, according to existing ASTM-IP Petroleum Measurement tables currently called ASTM D-1250-80 (IP200/52) or the equivalent API standard currently called MPMS Chapter 11.
1. Complaints about quantity shall be made to Seller's or its suppliers’ representative at the time of the delivery and confirmed in writing within two(2) days maximum, after delivery.
b) The quality of the marine fuel shall be within the minimum/maximum limits of ORGANIZACIÓN TERPEL S.A. current Marine Fuel Specifications for IFOS and to the technical specifications of the marine diesel issued by ECOPETROL, herein below, which form part of these Standard Terms by reference or as otherwise mutually agreed in writing between Buyer and Seller. THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS OR SUITABILITY OF THE MARINE FUEL FOR ANY PARTICULAR PURPOSE OR OTHERWISE WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. The standards that set the minimum and maximum limits for the marine fuel parameters will be the current ISO 8217. The seller wont be responsible for the qualities of the product once the product is on the buyer tanks of the vessel
c) Product sampling shall be carried out by means of continuous drip whenever possible. The Buyer's representative shall have the right to inspect the sampling equipment and will be provided with a representative sample of the delivery that is sealed, labelled and homogeneous. An identical sample will be retained by the Seller or its supplier for thirty (30) days after the delivery. These samples will be the only evidence acceptable for the parties concerning the quality of the marine fuel provided by the Seller to the Buyer. Complaints and/or claims for deficiency in quality must be based on tests made as soon as possible by a mutually acceptable independent laboratory using the abovementioned samples. The cost of any analysis will be USD $1,000 (all included) for any test requested. This charge will be...
QUANTITY AND QUALITY DETERMINATION. 3.1 Specifications and Warranty: Seller does not warrant that any particular Coke will have the physical characteristics identified in these General Terms and Conditions or any Transaction as “typical.”
3.2 FOB, CFR and CIF Deliveries - Quality, Quantity and Measurement: The quantity and quality of Coke delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) & sampling equipment, procedures, calculations, and practices shall be performed according to the most current International measurement, sampling and analysis standards (American Petroleum Institute (API), Energy Institute Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of Standards and Technology (NIST) and ASTM International f/k/a American Society for Testing and Materials (ASTM)). Each commercial Party shall have the right to witness the measurement and sampling processes, provided adequate notification is given to interested parties. The quantity of Coke delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by draft survey weights for shipments by Vessel; (ii) by certified truck or xxxxxx weigh scales for shipments by truck; and (iii) by certified railroad or xxxxxx weigh scales for shipments by railcars. Quantity as determined by the IIC shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. If, for any reason an IIC is not in attendance or if terminal operating procedures prevail, then quantity as determined by terminal personnel shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. Unless otherwise agreed in the applicable Confirmation, the Parties shall equally share the costs of IICs. Seller shall bear the cost of weighing the Coke delivered into Buyer's railcars and trucks
3.3 Insurance - CIF Deliveries: For Coke delivered on a CIF basis, Seller shall obtain cargo insurance such that the Buyer or any other Party having an insurable interest in the cargo shall be entitled to claim directly from the insurer and Seller shall provide Buyer with the insurance policy or other evidence of insurance coverage. Unless otherwise agreed, the insurance shall cover “all risks” of contamination and “all risks” of phys...
QUANTITY AND QUALITY DETERMINATION. 4.1 All measurement & sampling equipment, procedures, calculations, and practices (whether performed by an Independent Inspection Company (“IIC”) or by terminal personnel) shall be performed in conformance with the API Manual of Petroleum Measurement Standards (MPMS), ASTM, National Institute of Standards and Technology (NIST) and Gas Processors Association (GPA) Technical Standards and Publications in their latest revision. Volumes shall be adjusted from observed conditions to standard volumes and weight in accordance with the latest revision of GPA TP-27/API MPMS Chapter 11 (e.g. Table 6B, 24E or 54E, etc. or whichever table is applicable to the commodity being received or delivered).
4.2 The quantity and quality of Product received or delivered shall be determined by a mutually appointed IIC. The costs of the mutually appointed IIC shall be shared equally by the Parties. Quantity as determined by the IIC shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. If, for any reason an IIC is not in attendance or if terminal operating procedures prevail (i.e. pipeline, truck and/or rail tank car), then quantity as determined by terminal personnel shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices absent fraud and/or manifest error.
4.3 All measurements shall be determined by one of the following methods in descending order of preference:
(a) Proven custody transfer meters;
(b) Rail - The loaded volume stated on the origin facility bill of lading for each rail car will control for destination facility off-load ticket volumes, except in the event of fraud or manifest error;
(c) Truck or Rail - Certified weigh scales;
(d) Truck or Rail – Truck tank or tank car gauge with the application of certified truck or rail tank car capacity (i.e. strapping) tables before and after cargo transfer;
(e) Gauging of static tanks with the application of certified tank capacity (i.e. strapping) tables before and after Product transfer;
(f) Marine Vessel Measurements:
i. Quantity shall be based on the volumes as determined from measurements of the Vessel’s cargo tanks with the application of certified cargo tank capacity (i.e. strapping) tables before and after the transfer per API MPMS 17.10.2 (Measurement of Refrigerated and/or Pressurized Cargoes on Board Marine Gas Carriers, Part 2 – Liquefied Petroleum and Che...
QUANTITY AND QUALITY DETERMINATION. Section 5.1 Quantity Determinations; Metering Facilities.................... 5 Section 5.2 Quality Determinations.......................................... 5 Section 5.3 Disclaimer of Warranties........................................ 5 Section 5.4
QUANTITY AND QUALITY DETERMINATION. Mutually agreed independent inspector’s finding at loading post shall be final and binding on both parties. Save for fraud or manifest error. Such inspection fee at loading port shall be born by seller. Laytime/ Demurrage:
QUANTITY AND QUALITY DETERMINATION. 3.1 Seller does not warrant that any particular Coke will have the physical characteristics identified in these General Terms and Conditions or any Transaction as “typical.”
QUANTITY AND QUALITY DETERMINATION. Part I. `` _________ Crude Oil'' Determination of quantity and quality of the Crude Oil supplied to the Refinery, pursuant to the provisions of this Agreement, shall be in accordance with the latest API and ASTM standards and principles in effect at the time of supply. All measurements of Crude Oil quantity and quality shall be determined by a mutually acceptable Independent Inspector, appointed by Statoil. The costs of this inspection shall be borne equally between Statoil and Crown.
QUANTITY AND QUALITY DETERMINATION. 13.1 quantity of each cargo shall be determined during loading and by an independent third-party inspector, mutually agreed by both the buyer and the seller, and be final and binding at point of loading.
QUANTITY AND QUALITY DETERMINATION. 4.1 Seller does not warrant that any particular Product will have the physical characteristics identified “as typical” in these General Terms and Conditions or any Transaction.