QUANTITY DETERMINATION. (a) Where VicForests determines that the quantity of Timber hauled is to be calculated by reference to the weight of Timber in respect of which the Contractor provides the Services, each load of Timber delivered to the Delivery Site by the Contractor will be weighed at a certified weighbridge approved by VicForests and the Contractor from time to time, or by any other method approved in writing by the Parties from time to time.
(b) For the purposes of issuing an RCTI pursuant to clause 4.2(a) where the quantity of Timber is to be calculated by reference to the weight of Timber, the amounts owing by VicForests in respect of Services performed by the Contractor shall be determined by multiplying the weight of each load of Timber delivered to the Delivery Site by the Contractor by the relevant Rates for that load of Timber, or by any other method approved in writing by the Parties from time to time.
(c) Where VicForests determines that the quantity of Timber hauled is to be calculated by reference to the volume of Timber in respect of which the Contractor provides the Services, the cubic metre volume of each log will be calculated in accordance with the following formula: V = (D² x L) x π /40000 Where: V = volume (m3) D = centre diameter under bark (cm) L = length rounded down to the nearest 0.3 metre increment (m) π/40000 = 0.0000785398
(d) For the purposes of issuing an RCTI pursuant to clause 4.2(a) where the quantity of Timber is to be calculated by reference to the volume of Timber, the amounts owing by VicForests in respect of Services performed by the Contractor shall be determined by multiplying the volume of each load of Timber delivered to the Delivery Site by the Contractor (that is, the sum of “V” in the formula referred to in paragraph (c) above, in each load) by the relevant Rates for that load of Timber, or by any other method approved in writing by the Parties from time to time.
QUANTITY DETERMINATION. STÜKEN's written order confirmation is required to verify acceptance of quantity ordered. Shipment deviations from ordered quantity are permitted up to +/- 10 %. The values determined by STÜKEN in the outgoing goods inspection shall be decisive for the numbers of units, weights and dimensions, subject to any other proof being provided. In the event that the number of units is determined by STÜKEN through reference weighing then this shall also be decisive if the actual number of units deviates up to 1 % due to measurement tolerances, etc. In this case the Customer shall neither be entitled to an additional delivery nor to any reduction and damages.
QUANTITY DETERMINATION. Quantities delivered: (a) into or from Vessels shall be measured by shore tank gauges or, if customary at that location, meters shall be used; in the event that shore tank(s) are determined to be active and it is mutually agreed that accurate shore tank(s) measurements are not available, then static shore tank measurements, at discharge or at loading, adjusted for OBQ/ROB shall be used; if both loading and discharging shore tanks are determined to be active then Vessel’s measurements at loading, averaged with the Vessel’s measurement at discharge, adjusted by valid Vessel’s Experience Factor (VEF) shall be used; (b) into or from transport trucks shall be measured by calibration tables, calibrated meters, or scale weights; (c) into or from tank cars shall be measured by standard tank car calibration tables or calibrated meters, or scale weights and (d) into or from pipelines shall be measured by terminal tank gauges or calibrated meters. The latest ASTM published standards will apply and a temperature adjustment will be made to 60 degrees Fahrenheit.
QUANTITY DETERMINATION. The quantity of Product staged and handled hereunder will be determined as follows:
QUANTITY DETERMINATION. The quantity of Crude Oil lifted shall be determined at the time of loading on the basis of gauging the terminal tanks before and after the lifting of such Crude Oil, or otherwise by meter readings installed on the loading line from the tanks, if approved by appropriate Government Authority. The quantity in Barrels of Crude Oil determined pursuant to the foregoing procedure shall be corrected to a temperature of sixty -77- 81 degrees Fahrenheit (60 degrees F) in accordance with the most currently published ASTM-IP Petroleum Measurement Tables. A copy of the concession calculation, if any, shall be submitted to the Lifting Party through its representative. In addition, the Basic Sediment and Water ("BS&W") content, determined in accordance with Article VII 5 hereof, shall be deducted from the quantity loaded, for purposes of preparing the Bill xx Lading for such shipment and for purposes of substantiating claims about Quantity and Quality. Any substantiated loss of Crude Oil occurring in transit between the point of such determination and delivery point shall be borne by the Parties as cost of operation provided such losses do not result due to differences in method of determining BS&W between the loading and discharge terminals. For differences occurring where same method of determination at both points are used, provisions of Article VIII 3 above shall apply. The retained sample shall be used in determining such loss claims.
QUANTITY DETERMINATION. In the event that shore tank figures are used as the basis for quantity determination, the quantity loaded and discharged will be determined by properly calibrated meters or, if none, by manual gauging of shore tanks before and after delivery. Shore tanks will not be gauged for custody transfer when the floating roof is in the critical zone. If a shore tank becomes active after the opening gauge and prior to the closing gauges, thereby necessitating measurement adjustments, the volume delivered will be based on the most accurate measurements available as determined by the inspector in consultation with receiving facility personnel. These measurements will recognize receiving tank gauges, other tank or custody transfer meters or volume measurements of the Provided Vessel before and after Cargo transfer adjusted by VEF. All such Provided Vessels' gauges, cargo temperatures and samples will be obtained manually through open hatches where the practice is not prohibited by the Terminal or local, state or federal regulations. The quantity delivered will be reported in barrels (42 U.S. gallons of 231 cubic inches) corrected to 60 degrees Fahrenheit in accordance with the American Petroleum Institute ("API") Manual of Petroleum Measurement Standards or similar standards.
A. Delivery by Shore Tank to Provided Vessel: Free water as determined by water cuts of the shore tank will be deducted from the total observed volume in the shore tank prior to applying temperature correction factors.
B. Delivery by Provided Vessel to Shore Tank: Total volume received by shore tank corrected to 60 degrees Fahrenheit will be reduced by the amount of free water delivered by the Provided Vessel as determined from water cuts of each Provided Vessel tank.
C. Delivery by Ship to Provided Vessel: Total volume received by the Provided Vessel based on the Provided Vessel's gauges, adjusted for VEF, corrected to 60 degrees Fahrenheit, will be reduced by the amount of free water on the barge prior to loading and as determined by an independent public gauxxx. All metering, meter proving, gauging, sampling, temperature measurement, analysis and calculation procedures will be in accordance with the latest applicable chapters of the API Manual of Petroleum Measurements Standards or similar standard in effect at the designated receiving facility. Each party, at its expense, may have a representative present to witness the measurements and tests required in this Agreement.
QUANTITY DETERMINATION. A. Pipeline Delivery: Quantities shall be determined from appropriate pipeline meters.
B. Into tanker or barge: Quantities shall be determined from shore tank gauges at load point.
C. From tanker into barge: Quantities shall be determined from barge intake gauging.
D. Into Refinery storage: Quantities purchased in Refinery storage shall be credited to Buyer’s Delaware City Handling Agreement account for withdrawals at the Refinery loading rack in accordance with the Delaware City Handling Agreement of even date herewith. Refinery storage volume is limited to withdrawals of 3.7 million barrels of gasoline and 1.6 million barrels of Middle Distillates per annum, which shall be withdrawn on a reasonably ratable basis for gasoline, kerosene and diesel fuel, and pursuant to Paragraphs 4E and 4F hereof, for No. 2 Heating Oil.
E. All quantity determinations herein shall be corrected to 60°F and shall be measured in U.S. gallons of two hundred and thirty-one (231) cubic inches and forty-two (42) gallons to the barrel in accordance with the latest supplement or amendment to ASTM-IP petroleum measurement tables (ASTM designation D1250) Table 6B.
F. Inspection and measurement of deliveries to or from tankers and barges pursuant to this Agreement shall be made by an independent petroleum inspector, whose fee shall be shared equally by Buyer and Seller. The inspector shall provide customary inspections, including without limitation, complete manual tank and/or compartment gauging, observation of gauges and meters, and vessel inspection. The inspector’s determinations as to quantity and quality shall be conclusive and binding upon both parties.
QUANTITY DETERMINATION. The quantity of Marine Fuels delivered shall be determined from the official gauge of the barge effecting delivery or by gauging in Seller's or Supplying Company's shore tank or by Seller's or Supplying Company's oil meter at Seller's or Supplying Company's selection. Except where government regulations determine otherwise, adjustment in volume owing to difference in temperature shall be made in accordance with ASTM Petroleum Measurement Tables. In the measurement of Marine Fuel, Seller or Supplying Company shall make allowance for all water and non-petroleum sediment in excess of one per cent (1%). Buyer may be present or represented by properly accredited agent when such measurements are taken, but if Buyer is not present or represented then Seller's or Supplying Company's determination of quantities shall be deemed to be correct. Buyer may inspect the oil delivered hereunder before it is pumped out of the Seller's or Supplying Company's shore tank or barge. Any claim by Xxxxx as to shortage in quantity must be noted at time of delivery.
QUANTITY DETERMINATION. Seller shall read meters located at or near the Delivery Point to determine bill of lading weight for each loading of Product into the Truck Tanks. Seller shall maintain such meters according to applicable industry standards. If the applicable measurement method described in this Section 6.1 is unavailable, the Parties shall establish another mutually acceptable method for determining the weight of Product loaded.
QUANTITY DETERMINATION. 8.1. The weight of Product recorded in the carrier’s certificate, receipt issued by the carrier or any other transportation document issued by ESLR’s carrier shall, in the absence of manifest error or fraud, be final and irrebuttable evidence of the actual weight of Product delivered for the purposes of calculating the Purchase Price and for calculation of any Balancing Payment. Should the Product delivered by NITOL fall short of the quantity required by this Agreement, NITOL at its sole discretion may deliver the outstanding amount of Product as an additional Shipment of Product or may add the shortfall quantity to the next Shipment of Product due for delivery.
