Common use of Quantity Disputes Clause in Contracts

Quantity Disputes. If Seller or Hawaiian Electric has reason to believe that the quantity of Biodiesel for a particular Delivery is inaccurate by an amount in excess of 1%, that Party shall within five (5) Days of the date of Delivery, present the other Party with documentation supporting such determination and the Parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes and adjust the quantity, if justified for the transport container or tanker truck Delivery in question. If the period of time for which the material inaccuracy cannot be definitely known and is not mutually agreed upon, the correction shall be prorated on a 50% basis over the time elapsed between the last prior calibration test and the date the inaccuracy is corrected. Any invoice previously issued by the Seller on the basis of an inaccurate volume determination shall be promptly adjusted by Seller.

Quantity Disputes. If Seller or Hawaiian Electric HECO has reason to believe that the quantity of Biodiesel for a particular Delivery delivery is inaccurate by an amount in excess of 1%, that Party the party shall within five (5) Days days of the date of Deliverydelivery, present the other Party party with documentation supporting such determination and the Parties parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes and adjust the quantity, if justified for the transport container or tanker truck Delivery delivery in question. If the period of time for which the material inaccuracy cannot be definitely known and is not mutually agreed upon, the correction shall be prorated on a 50% basis over the time elapsed between the last prior calibration test and the date the inaccuracy is corrected. Any invoice previously issued by the Seller on the basis of an inaccurate volume determination shall be promptly adjusted by Seller.

Quantity Disputes. If Seller or Hawaiian Electric has the Companies have reason to believe that the quantity of Biodiesel for a particular Delivery is inaccurate by an amount in excess of 10.5%, that Party shall within five (5) Days of the date of Delivery, present the other Party with documentation supporting such determination and the Parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes and adjust the quantity, if justified for the transport container or tanker truck Delivery in question. If the period of time for which the material inaccuracy cannot be definitely known and is not mutually agreed upon, the correction shall be prorated on a 50% basis over the time elapsed between the last prior calibration test and the date the inaccuracy is corrected. Any invoice previously issued by the Seller on the basis of an inaccurate volume determination shall be promptly adjusted by Seller.

Quantity Disputes. If Seller or Hawaiian Electric has reason to believe that the quantity of Biodiesel for a particular Delivery is inaccurate by an amount in excess of 1%, that Party shall within five (5) Days of the date of Delivery, present the other Party with documentation supporting such determination and the Parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes and adjust the quantity, if justified for the transport container Transport Container or tanker truck Delivery in question. If the period of time for which the material inaccuracy cannot be definitely known and is not mutually agreed upon, the correction shall be prorated on a 50% basis over the time elapsed between the last prior calibration test and the date the inaccuracy is corrected. Any invoice previously issued by the Seller on the basis of an inaccurate volume determination shall be promptly adjusted by Seller.

Quantity Disputes. If Seller or Hawaiian Electric has reason to believe that the quantity of Biodiesel Biofuel for a particular Delivery is inaccurate by an amount in excess of 1%, that Party shall within five (5) Days of the date of Delivery, present the other Party with documentation supporting such determination and the Parties will confer, in good faith, on the causes for the discrepancy and shall proceed to correct such causes and adjust the quantity, if justified for the transport container or tanker truck Delivery in question. If the period of time for which the material inaccuracy cannot be definitely known and is not mutually agreed upon, the correction shall be prorated on a 50% basis over the time elapsed between the last prior calibration test and the date the inaccuracy is corrected. Any invoice previously issued by the Seller on the basis of an inaccurate volume determination shall be promptly adjusted by Seller.