Common use of Sampling Clause in Contracts

Sampling. 5.1 The Sellers shall invite the Buyers or their representatives to witness the sampling of Marine Fuels. During bunkering a primary sample, other than the MARPOL sample, shall be drawn at a point, to be determined solely by the Sellers, closest to the Bunker Tanker’s manifold and otherwise in accordance with the procedures set out in IMO Resolution MEPC.182(59) Guidelines for the Sampling of Fuel Oil for Determination of Compliance with MARPOL 73/78 Annex VI or any subsequent amendments thereto. Each sample shall be thoroughly mixed and carefully divided into a minimum of four (4) identical samples and one sample of each grade of Marine Fuels shall be retained on board the Vessel for MARPOL purposes. The absence of the Buyers or their representatives shall not prejudice the validity of the samples taken. In the event that local bunkering rules and regulations apply mandatorily, these shall take precedence over the provisions of this Sub-clause 5.1. 5.2 The samples referred to in Sub-clause 5.1 Sampling shall be securely sealed and provided with labels showing the Vessel's name, identity of delivery facility, product name, delivery date and place and point of sampling and seal number, authenticated with the Vessel's stamp and signed by the Sellers' representative and the Master of the Vessel or the Master’s authorised representative. Only the samples taken, sealed and distributed as per this Sub-clause 5.2 and stated in the BDN are valid in respect of the Marine Fuels’ quality determination. No other samples, however and whensoever taken, shall be allowed as additional evidence or deemed to have any value as evidence in respect of the Marine Fuels’ quality determination whatsoever. 5.3 Two (2) samples shall be retained by the Sellers for forty-five (45) Days after delivery of the Marine Fuels to the Vessel. The other two (2) samples shall be retained on board the Vessel (one of which shall be for MARPOL purposes).

Sampling. 5.1 (a) The Sellers Seller shall invite the Buyers or their representatives to witness the sampling of Marine Fuels. During bunkering a primary sample, other than the MARPOL sample, shall be drawn at a point, to be determined solely by the Sellers, closest to the Bunker Tanker’s manifold and otherwise in accordance with the procedures set out in IMO Resolution MEPC.182(59) Guidelines arrange for the Sampling of Fuel Oil for Determination of Compliance with MARPOL 73/78 Annex VI or any subsequent amendments thereto. Each sample shall be thoroughly mixed and carefully divided into a minimum of four Four (4) identical representative samples and one sample of each grade of Marine Fuels shall Fuel, to be retained on board drawn throughout the Vessel for MARPOL purposestransfer of such grade of Marine Fuel. The sampling shall where possible be performed in the presence of both the Seller and the Buyer or their respective representatives, provided that the absence of the Buyers Buyer or their its representatives shall not prejudice the validity of the samples taken. In the event that local bunkering rules and regulations apply mandatorily, these shall take precedence over the provisions of this Sub-clause 5.1. 5.2 (b) The samples referred to in Sub-clause 5.1 Sampling shall be securely drawn at a point at the Seller’s election. (c) The samples shall be drawn using a mutually accepted sampling device which shall be constructed, secured and sealed in such a way so as to prevent the sampling device and the sample being tampered with during the transfer of Marine Fuel to the Vessel's bunker manifold. If the Buyer does not express any request on sampling device, then the Seller’s determination shall be conclusive and binding on the Buyer. (d) The Four (4) samples of Marine Fuel drawn shall be sealed and provided with labels showing labeled indicating the Vessel's name, identity of delivery facility, product name, delivery name and date and place and point of sampling and seal number, authenticated with the Vessel's stamp and signed by the Sellers' Seller’s representative and the Master of the Vessel or the Master’s authorised its authorized representative. Only the The samples taken, sealed and distributed as per this Sub-clause 5.2 and stated in the with seal number marked on BDN are considered as the only valid in respect trading samples. (e) Two of the Marine Fuels’ quality determination. No other samples, however and whensoever taken, shall be allowed as additional evidence or deemed to have any value as evidence in respect of the Marine Fuels’ quality determination whatsoever. 5.3 Two (2) samples shall be retained by the Sellers for forty-five (45) Days Seller’s after delivery of the Marine Fuels Fuel to the Vessel for approximately sixty (60) days, or upon request in writing by the Buyer for as long as the Buyer may reasonably require, or such period of time at the Seller’s election and the other two sample shall be retained by the Vessel. (f) If the Marine Fuel is delivered by more than one Bunker Tanker, the sampling procedure shall be repeated as outlined in this Clause 6. (g) The samples stated above shall be conclusively deemed to be representative of the quality of the Products supplied to the Vessel. The other two (2) Any samples drawn from the Vessel’s tanks shall not be retained on board valid as an indicator of the Vessel (one of which shall be for MARPOL purposes)quality supplied.

Sampling. 5.1 6.1 The Sellers Seller shall invite the Buyers or their representatives to witness the sampling of Marine Fuels. During bunkering a primary sample, other than the MARPOL sample, shall be drawn at a point, to be determined solely by the Sellers, closest to the Bunker Tanker’s manifold and otherwise in accordance with the procedures set out in IMO Resolution MEPC.182(59) Guidelines arrange for the Sampling of Fuel Oil for Determination of Compliance with MARPOL 73/78 Annex VI or any subsequent amendments thereto. Each sample shall be thoroughly mixed and carefully divided into a minimum of four Four (4) identical representative samples and one sample of each grade of Marine Fuels shall Fuel, to be retained on board drawn throughout the Vessel for MARPOL purposestransfer of such grade of Marine Fuel. The sampling shall where possible be performed in the presence of both the Seller and the Buyer or their respective representatives, provided that the absence of the Buyers Buyer or their its representatives shall not prejudice the validity of the samples taken. In the event that local bunkering rules and regulations apply mandatorily, these shall take precedence over the provisions of this Sub-clause 5.1. 5.2 6.2 The samples referred to in Sub-clause 5.1 Sampling shall be securely drawn at a point at the Seller’s election. 6.3 The samples shall be drawn using a mutually accepted sampling device which shall be constructed, secured and sealed in such a way so as to prevent the sampling device and the sample being tampered with during the transfer of Marine Fuel to the Vessel's bunker manifold. If the Buyer does not express any request on sampling device, then the Seller’s determination shall be conclusive and binding on the Buyer. 6.4 The Four (4) samples of Marine Fuel drawn shall be sealed and provided with labels showing labeled indicating the Vessel's name, identity of delivery facility, product name, delivery name and date and place and point of sampling and seal number, authenticated with the Vessel's stamp and signed by the Sellers' Seller’s representative and the Master of the Vessel or the Master’s authorised its authorized representative. Only the The samples taken, sealed and distributed as per this Sub-clause 5.2 and stated in the with seal number marked on BDN are considered as the only valid in respect trading samples. 6.5 Two of the Marine Fuels’ quality determination. No other samples, however and whensoever taken, shall be allowed as additional evidence or deemed to have any value as evidence in respect of the Marine Fuels’ quality determination whatsoever. 5.3 Two (2) samples shall be retained by the Sellers for forty-five (45) Days Seller’s after delivery of the Marine Fuels Fuel to the Vessel for approximately sixty (60) days, or upon request in writing by the Buyer for as long as the Buyer may reasonably require, or such period of time at the Seller’s election and the other two sample shall be retained by the Vessel. 6.6 If the Marine Fuel is delivered by more than one Bunker Tanker, the sampling procedure shall be repeated as outlined in this Clause 6. 6.7 The samples stated above shall be conclusively deemed to be representative of the quality of the Products supplied to the Vessel. The other two (2) Any samples drawn from the Vessel’s tanks shall not be retained on board valid as an indicator of the Vessel (one of which shall be for MARPOL purposes)quality supplied.

Sampling. 5.1 9.1 The Sellers Supplier shall invite the Buyers or their representatives to witness the sampling of Marine Fuels. During bunkering a primary sample, other than the MARPOL sample, shall be drawn at a point, to be determined solely by the Sellers, closest to the Bunker Tanker’s manifold and otherwise in accordance with the procedures set out in IMO Resolution MEPC.182(59) Guidelines arrange for the Sampling of Fuel Oil for Determination of Compliance with MARPOL 73/78 Annex VI or any subsequent amendments thereto. Each sample shall be thoroughly mixed and carefully divided into a minimum of four (4) identical representative samples and one sample of each grade of Marine Fuels Bunkers to be drawn throughout the entire bunkering operation. Such sampling shall be retained on board performed in the Vessel for MARPOL purposes. The presence of the Seller or its representatives and the Buyer or its representatives, but the absence of the Buyers Buyer or their its representatives during all or any part of the sampling process shall not prejudice the validity of the samples taken. In the event that local bunkering rules and regulations apply mandatorily, these shall take precedence over the provisions of this Sub-clause 5.1samples. 5.2 9.2 The samples referred to in Sub-clause 5.1 Sampling shall be securely sealed and provided with labels showing the Vessel's ’s name, identity of delivery facility, product name, delivery date and place and point of sampling and seal number, authenticated with the Vessel's ’s stamp and signed by the Sellers' Seller’s representative and the Master of the Vessel or the Master’s authorised his representative. Only The seal numbers shall be inserted into the Bunker Delivery Receipts, and by signing the Bunker Delivery Receipts, both parties agree to the fact that the samples taken, sealed referred to therein are deemed valid and distributed taken in accordance with the requirements as per specified in this Sub-clause 5.2 and stated in the BDN are valid in respect of the Marine Fuels’ quality determination. No other samples, however and whensoever taken, shall be allowed as additional evidence or deemed to have any value as evidence in respect of the Marine Fuels’ quality determination whatsoeverclause. 5.3 9.3 Two (2) samples shall be retained by the Sellers Seller for forty-five (45) Days 30 days after delivery of the Marine Fuels to Bunkers, or if requested by the VesselBuyer in writing, for as long as the Buyer reasonably required. The other two (2) samples shall be retained by the receiving Vessel, one of which being dedicated as the MARPOL sample. 9.4 In the event of a dispute in regard to the quality of the Bunkers delivered, the samples drawn pursuant to the clauses herein shall be deemed to be conclusive and final evidence of the quality of the product delivered. 9.5 One of the samples retained by the Seller shall be forwarded to a mutually agreed, independent and certified laboratory to perform a set of tests, the results of which are to be made available to both parties. If the Seller and the Buyer cannot agree on an independent laboratory to perform mutual analysis or if the Buyer fails to reply to the Seller’s notice hereof within 7 days from receipt of such notice, the Seller can at its sole discretion decide which laboratory to perform the analysis, which shall be final and binding for all parties involved. 9.6 The seal must be breached only in presence of both parties unless one or both parties have declared in writing that they will not be present, or fails to be present at the appropriate time and place despite having been given sufficient and proper notice of at least 7 days in advance; and both parties shall have the right to appoint independent person(s) or institute(s) to witness seal breaking. No samples subsequently taken shall be allowed as (additional) evidence. If any of the seals have been removed or tampered with prior to the seal breaking, such sample(s) shall be deemed to have no value as evidence. 9.7 Any eventual samples drawn by the Buyer’s personnel either during bunkering or at any later date after bunkering shall not be valid as indicator of the quality supplied. The fact that such samples may eventually bear the signature of personnel on board the Vessel (one of which barge or tank truck or other delivery conveyance shall be for MARPOL purposes)have no legal significance as such local personnel have no authority to bind the Seller to different contractual terms.