QUANTITY MEASUREMENTS Sample Clauses

QUANTITY MEASUREMENTS. 4.1 The quantities of Goods delivered shall be determined from the official gauge or meter of the delivery barge or truck or of the shore tank in case of delivery ex wharf. In the event flow meters are used instead of tank gauging, the flow meter readings from the meter fitted on board the delivery bunker barge or bunker tanker or truck or shore tank shall be used for determining the quantity delivered. Once the Vessel’s representative or crew have accepted the quantity of the Goods delivered as evidenced by the Vessel’s representative’s or crew’s signature on the respective delivery receipt or delivery note and there is no further written request from the Vessel to the delivery barge or truck prior to the disconnection of the supply hose, the quantity as shown on the delivery receipt or delivery note shall be deemed final and complete and there shall be no further obligation on the Seller and the Buyer shall not have any claims against the Seller for any short delivery. In the case of lubricants, their quantity shall be determined by the signing of the relevant delivery receipt(s) or delivery note(s). 4.2 The Chief Engineer of the Vessel or his representative shall, together with the Supplier’s representative, measure and verify the quantities of Goods delivered from the facility from which the delivery is made. 4.3 The Buyer shall not be entitled to complain of an incorrect measurement of the Goods delivered when the Chief Engineer of the Vessel or his representative fail or decline to verify the quantities on delivery and has made the relevant complaint in writing thereafter. Therefore, in such case, the measurements of quantities made by the Supplier shall be final, conclusive and binding and the Buyer shall be deemed to have waived any and all claims in regard to the variance. 4.4 In respect of the quantity agreed upon, the Seller shall be at liberty to provide, and the Buyer shall accept a variation of 10% from the agreed quantity, with no other consequence than a similar variation to the corresponding value in the invoice of the Seller. 4.5 In any event the Buyer is not allowed to mark the delivery receipt or delivery note for bunkers or lubricants. The Buyer has the right to issue a letter of protest stating its complaint. A letter of protest in relation to quantity shall only be valid and admissible if it is made in writing and delivered to the Supplier immediately after the completion of the specific delivery. See also clause 8.10 hereinbelow.
Sample 1
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QUANTITY MEASUREMENTS. 6.1 The quantity of the Goods delivered shall be determined from the gauge or meter of the shore tank or the barge effecting delivery at the election of the Supplier. Adjustment in volume owing to difference in temperature shall be made in accordance with ASTM-IP Petroleum Measurement Tables or the methods of any other recognized standards authority at the discretion of the supplier. 6.2 The Buyer may be present or represented by its properly accredited representative when such measurement are taken but if Buyer is not present or represented then the determination of quantity made by the Supplier shall be deemed to be correct. 6.3 In the event the quantity of the Goods delivered exceeds the quantity ordered, Xxxxx may refuse to accept delivery of the excess quantity, but if Buyer does not so refuse, Buyer shall be obligated to pay for the entire quantity delivered at a price specified prior agreed. 6.4 In respect of the quantity agreed upon, the Seller shall be at liberty to provide, and the Buyer shall accept a variation of 10% from the agreed quantity, with no other consequence than a similar variation to the corresponding invoice from the Seller. 6.5 The Seller will not accept a claim for short delivery based upon figures obtained by measuring Goods in the Receiving Vessel’s tanks. The Buyer must provide formal written remarks by the Captain on the bunker receipt, prior to the ship’s sailing, indicating the assumed different quantity loaded
Sample 1
QUANTITY MEASUREMENTS. Article 6.1 The quantity shall be determined at the Seller’s option from the official gauge or manual sounding or meter of the Barge effecting delivery, or in case of delivery ex-wharf, of the shore-meter or the like equipment in case of bulk, otherwise it shall be determined in drums, pails or IBCs. Such determination shall be considered to be the sole valid and binding determination of the quantity supplied. During measurements, the Buyer shall have the right to be represented by a person or a body that is mutually agreed between Seller and Buyer and this must be agreed at the time of Sales Confirmation between Buyer and Seller. Measurements taken by any other means on board the Vessel shall not be binding on the Seller and shall have no evidential value.
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QUANTITY MEASUREMENTS 
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Related to QUANTITY MEASUREMENTS

  • Mileage Measurement Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V&H methodology as outlined in NECA Tariff No. 4.

  • Measurements Units set out in SI (metric) are the governing units for the purposes of this Contract. Units set out in Imperial measurement in parentheses beside their SI (metric) equivalent are for reference only and in the event of a conflict between SI (metric) and Imperial measurement herein, SI (metric) shall prevail.

  • Usage Measurement Usage measurement for calls shall begin when answer supervision or equivalent Signaling System 7 (SS7) message is received from the terminating office and shall end at the time of call disconnect by the calling or called subscriber, whichever occurs first.

  • Temperature Measurement Temperature will be measured by the nearest automatic Melbourne Bureau of Meteorology Monitoring Station for example (but not limited to): Melbourne, Moorabbin, Dunns Hill, Melbourne Airport, Frankston, and Point Xxxxxx. At the commencement of each project, the onsite management and employee representatives shall agree which is to be the applicable automatic weather monitoring station.

  • Safety Measures Awarded vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

  • Method of Measurement All linear and area measurements under this Agreement are measured on the horizontal plane, unless specified otherwise in an attached Schedule.

  • Measurement Should the State terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the State shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the State terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty days.

  • Components Patheon will purchase and test all Components (with the exception of Client-Supplied Components) at Patheon’s expense and as required by the Specifications.

  • Interim Measures Notwithstanding any requirements for alternative dispute resolution procedures as set forth in Articles 18(B), any party to the Dispute may apply to a court for interim measures (i) prior to the constitution of the arbitral tribunal (and thereafter as necessary to enforce the arbitral tribunal’s rulings); or (ii) in the absence of the jurisdiction of the arbitral tribunal to rule on interim measures in a given jurisdiction. The Parties agree that seeking and obtaining such interim measures shall not waive the right to arbitration. The arbitrators (or in an emergency the presiding arbitrator acting alone in the event one or more of the other arbitrators is unable to be involved in a timely fashion) may grant interim measures including injunctions, attachments and conservation orders in appropriate circumstances, which measures may be immediately enforced by court order. Hearings on requests for interim measures may be held in person, by telephone, by video conference or by other means that permit the parties to the Dispute to present evidence and arguments.

  • Measuring EPP parameters Every 5 minutes, EPP probes will select one “IP address” of the EPP servers of the TLD being monitored and make an “EPP test”; every time they should alternate between the 3 different types of commands and between the commands inside each category. If an “EPP test” result is undefined/unanswered, the EPP service will be considered as unavailable from that probe until it is time to make a new test.

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