Common use of Sampling Clause in Contracts

Sampling. 7.1. The Seller (or its representative) shall arrange for samples to be drawn at the time of delivery of the Bunker Fuel. The Buyer (or its representative) shall witness such sampling process at its own expense and without delaying or hindering the delivery operations but the absence of the Buyer (or its representative) during all or any part of the sampling process shall not prejudice the validity of the samples. 7.2. Unless otherwise agreed between the Parties prior to entering into this Bunker Contract, samples shall be drawn from a point and in a manner chosen by the Seller (or its representative) in accordance with the MARPOL sampling procedures at the port or place of delivery of the Bunker Fuel. 7.3. The Seller shall take a minimum of four (4) representative samples of each grade of Bunker Fuel delivered. On completion of sampling, all samples drawn by the Seller or its representatives are to be securely sealed and labelled by the Seller (or its representative) as well as signed by the Seller (or its representative) and, if present, the Buyer (or its representative). At least two (2) of these representative samples shall be given to the Buyer, one (1) of which is for MARPOL compliance purposes. Two (2) samples shall be retained by the Seller for a period of thirty (30) days following delivery. 7.4. If the Buyer submits a claim in accordance with Clause 10.4, the results of analysis of the Seller’s or its representative’s drawn samples performed by an independent laboratory mutually appointed by the Buyer and Seller shall be conclusive to determine the quality of the Bunker Fuel supplied and shall be the sole binding evidence for the quality of the Bunker Fuel supplied to the Vessel. Should the independent laboratory determination of quality fall within the established test precision range (repeatability and reproducibility) for said parameter, no claim to the Seller shall be made by the Buyer. 7.5. 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 (seven) 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.

Sampling. 7.18.1. The Seller (or its representative) representatives shall arrange for samples to be drawn at the time of delivery of the Bunker Fuel. The Unless otherwise agreed between the Seller and Buyer (prior to entering into the Bunker Contract, the samples shall be drawn from a point and in a manner chosen by the Seller or its representative) representatives in accordance with the customary sampling procedures at the port or place of delivery of the Bunker Fuel. For deliveries in Singapore, All samplings taken at the time of bunkering shall witness such be done in accordance to the procedures as set in the Code of Practice for Bunkering - Singapore Standard SS 600:2008, or its latest edition. Any sample taken outside of the procedures as set in the above, shall not be recognized as the legal and binding sample. 8.2. The sampling process at mentioned in section 8.1 shall be performed in the presence of the Seller or its own expense representatives and without delaying the Buyer or hindering the delivery operations its representatives, but the absence of the Buyer (or its representative) representatives during all or any part of the sampling process shall not prejudice the validity of the samples. 7.2. Unless otherwise agreed between the Parties prior to entering into this Bunker Contract, samples shall be drawn from a point and in a manner chosen by the Seller (or its representative) in accordance with the MARPOL sampling procedures at the port or place of delivery of the Bunker Fuel. 7.3. The Seller shall take a minimum of four (4) representative samples of each grade of Bunker Fuel delivered8.3. On completion of sampling, all samples drawn by the Seller or its representatives are to be securely sealed sealed, labelled and labelled signed by the both Seller (or its representative) as well as signed by the Seller (representatives and Buyer or its representative) and, if present, the Buyer (or its representative)representatives. At least two (2) of these representative Two samples shall be given to retained by the BuyerBuyer or its representatives, one (1) of which is for these shall be the MARPOL compliance purposescompliant sample. Two (2) The remaining samples shall be retained by the Seller for a period of thirty (30) days following deliveryor its representatives. 7.48.4. If In the Buyer submits event of a claim in accordance with Clause 10.4dispute concerning the quality of the Bunker Fuel, the results of analysis of the Seller’s or its representative’s drawn samples performed by an independent laboratory mutually appointed by the Buyer and Seller shall be conclusive to determine the quality of the Bunker Fuel supplied and shall supplied. Analysis results of the Seller's or its representative's drawn samples will be the sole binding evidence for the quality of the Bunker Fuel supplied to the Vessel. Should the independent laboratory determination of quality fall within the established test precision range (repeatability and reproducibility) for said parameter, no claim to the Seller shall be made by the Buyer. 7.58.5. 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 (seven) 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.

Sampling. 7.18.1. The Seller (or its representative) representatives shall arrange for samples to be drawn at the time of delivery of the Bunker Fuel. The Unless otherwise agreed between the Seller and Buyer (prior to entering into the Bunker Contract, the samples shall be drawn from a point and in a manner chosen by the Seller or its representativerepresentatives in accordance with the customary sampling procedures at the port or place of delivery of the Bunker Fuel. For deliveries in Singapore, All samplings taken at the time of bunkering shall be done in accordance to the procedures as set in the Code of Practice for Bunkering - Singapore Standard SS 600:2008, or its latest edition, for Marine Gas Oil (MGO) deliveries and TR 48:2015 for Marine Fuel Oil (MFO) deliveries respectively. Any sample taken outside of the procedures as set in the above, shall witness such not be recognized as the legal and binding sample. 8.2. The sampling process at mentioned in section 8.1 shall be performed in the presence of the Seller or its own expense representatives and without delaying the Buyer or hindering the delivery operations its representatives, but the absence of the Buyer (or its representative) representatives during all or any part of the sampling process shall not prejudice the validity of the samples. 7.2. Unless otherwise agreed between the Parties prior to entering into this Bunker Contract, samples shall be drawn from a point and in a manner chosen by the Seller (or its representative) in accordance with the MARPOL sampling procedures at the port or place of delivery of the Bunker Fuel. 7.3. The Seller shall take a minimum of four (4) representative samples of each grade of Bunker Fuel delivered8.3. On completion of sampling, all samples drawn by the Seller or its representatives are to be securely sealed sealed, labelled and labelled signed by the both Seller (or its representative) as well as signed by the Seller (representatives and Buyer or its representative) and, if present, the Buyer (or its representative)representatives. At least two (2) of these representative Two samples shall be given to retained by the BuyerBuyer or its representatives, one (1) of which is for these shall be the MARPOL compliance purposescompliant sample. Two (2) The remaining samples shall be retained by the Seller for a period of thirty (30) days following deliveryor its representatives. 7.48.4. If In the Buyer submits event of a claim in accordance with Clause 10.4dispute concerning the quality of the Bunker Fuel, the results of analysis of the Seller’s or its representative’s drawn samples performed by an independent laboratory mutually appointed by the Buyer and Seller shall be conclusive to determine the quality of the Bunker Fuel supplied and shall supplied. Analysis results of the Seller's or its representative's drawn samples will be the sole binding evidence for the quality of the Bunker Fuel supplied to the Vessel. Should the independent laboratory determination of quality fall within the established test precision range (repeatability and reproducibility) for said parameter, no claim to the Seller shall be made by the Buyer. 7.58.5. 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 (seven) 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.

Sampling. 7.1. 7.1 The Seller (or its representative) shall arrange for samples to be drawn at the time of delivery of the Bunker Fuel. The Buyer (or its representative) shall witness such sampling process at its own expense and without delaying or hindering the delivery operations but the absence of the Buyer (or its representative) during all or any part of the sampling process shall not prejudice the validity of the samples. 7.2. 7.2 Unless otherwise agreed between the Parties prior to entering into this Bunker Contract, samples shall be drawn from a point and in a manner chosen by the Seller (or its representative) in accordance with the MARPOL sampling procedures at the port or place of delivery of the Bunker Fuel. 7.3. 7.3 The Seller shall take a minimum of four (4) representative samples of each grade of Bunker Fuel delivered. On completion of sampling, all samples drawn by the Seller or its representatives are to be securely sealed and labelled by the Seller (or its representative) as well as signed by the Seller (or its representative) and, if present, the Buyer (or its representative). At least two (2) of these representative samples shall be given to the Buyer, one (1) of which is for MARPOL compliance purposes. Two (2) samples shall be retained by the Seller for a period of thirty (30) days following delivery. 7.4. 7.4 If the Buyer submits a claim in accordance with Clause 10.4, the results of analysis of the Seller’s or its representative’s drawn samples performed by an independent laboratory mutually appointed by the Buyer and Seller shall be conclusive to determine the quality of the Bunker Fuel supplied and shall be the sole binding evidence for the quality of the Bunker Fuel supplied to the Vessel. Should the independent laboratory determination of quality fall within the established test precision range (repeatability and reproducibility) for said parameter, no claim to the Seller shall be made by the Buyer. 7.5. 7.5 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 (seven) 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.

Sampling. 7.1. 11.1 The Seller (or its representative) shall arrange for representative samples to be drawn collected by the bunker tanker's crew (or by the terminal's staff if delivery is via shore tank) throughout the entire bunker delivery for each grade of Marine Fuel strictly via the normal method of sampling of the Port. 11.2 At the Port, the representative sealed samples will be retained on the bunker tanker or the terminal (for delivery via shore tank) for FOURTEEN (14) days (or any shorter period as agreed in the Agreement ) from the Delivery Date and shall be discarded at the time end of delivery such period, unless the Seller has received a substantiated written complaint on quality in writing from the Buyer within FOURTEEN (14) days from the Delivery Date. 11.3 The sampling shall be performed in the presence of both the Bunker FuelSeller and the Buyer or their respective representatives. The Buyer (or its representative) shall witness such sampling process at its own expense and without delaying or hindering the delivery operations but the absence of the Buyer (or its representative) during all or any part of the sampling process their representative for whatsoever reasons shall not prejudice the validity of the samplessamples taken. 7.211.4 By signing on the Bunker Delivery Receipt by the respective representatives, both Seller and Xxxxx agree that the representative sealed samples are collected in compliance with this clause. 11.5 Any other method of collecting samples by the Buyer or its representative which is not in compliance with the provisions herein shall not be representative and would not be accepted as evidence to substantiate any claim against the Seller. Unless otherwise For clarification, the Seller shall not be bound by the terms of any documents presented by the Vessel's representative relating to collection of samples by the Xxxxxx's crew or representative for Xxxxx's own analysis and signed by any person acting for and on behalf of the Seller. 11.6 In the event of delivery of Marine Fuel within the Port limits, the surveyors attending on board of the Vessel for determination of quantity (whether mutually agreed between the Parties prior to entering into this Bunker Contractor not), samples such determination shall be drawn from a point and in a manner chosen by the Seller (or its representative) carried out strictly in accordance with The Singapore Standard Code of Practice For Bunkering. All such surveyors shall hold a valid licence issued by the MARPOL sampling procedures at relevant authority and shall present it to the port or place delivery bunker tanker without demand. The sealed sample(s) collected hereof will be retained on board the bunker tanker for 30 days from the Delivery Date. 11.7 In the event of delivery of Marine Fuel outside the Bunker Fuel. 7.3. The Seller shall take a minimum of four (4) representative samples of each grade of Bunker Fuel delivered. On completion of samplingPort limits, all samples drawn by such deliveries shall comply with the Seller or its representatives are to be securely sealed procedures set out in clauses 10 and labelled by the Seller (or its representative) as well as signed by the Seller (or its representative) and, if present, the Buyer (or its representative). At least two (2) of these representative samples shall be given to the Buyer, one (1) of which is for MARPOL compliance purposes. Two (2) samples shall be retained by the Seller for a period of thirty (30) days following delivery11 hereof. 7.4. If the Buyer submits a claim in accordance with Clause 10.4, the results of analysis of the Seller’s or its representative’s drawn samples performed by an independent laboratory mutually appointed by the Buyer and Seller shall be conclusive to determine the quality of the Bunker Fuel supplied and shall be the sole binding evidence for the quality of the Bunker Fuel supplied to the Vessel. Should the independent laboratory determination of quality fall within the established test precision range (repeatability and reproducibility) for said parameter, no claim to the Seller shall be made by the Buyer. 7.5. 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 (seven) 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.

Sampling. 7.18.1. The Seller (or its representative) representatives shall arrange for samples to be drawn at the time of delivery of the Bunker Fuel. The Unless otherwise agreed between the Seller and Buyer (prior to entering into the Bunker Contract, the samples shall be drawn from a point and in a manner chosen by the Seller or its representativerepresentatives in accordance with the customary sampling procedures at the port or place of delivery of the Bunker Fuel. For deliveries in Singapore, All samplings taken at the time of bunkering shall be done in accordance to the procedures as set in the Code for Marine Fuel Oil (MFO) and Marine Gas Oil (MGO) deliveries. Any sample taken outside of the procedures as set in the above, shall witness such not be recognized as the legal and binding sample. 8.2. The sampling process at mentioned in section 8.1 shall be performed in the presence of the Seller or its own expense representatives and without delaying the Buyer or hindering the delivery operations its representatives, but the absence of the Buyer (or its representative) representatives during all or any part of the sampling process shall not prejudice the validity of the samples. 7.2. Unless otherwise agreed between the Parties prior to entering into this Bunker Contract, samples shall be drawn from a point and in a manner chosen by the Seller (or its representative) in accordance with the MARPOL sampling procedures at the port or place of delivery of the Bunker Fuel. 7.3. The Seller shall take a minimum of four (4) representative samples of each grade of Bunker Fuel delivered8.3. On completion of sampling, all samples drawn by the Seller or its representatives are to be securely sealed sealed, labelled and labelled signed by the both Seller (or its representative) as well as signed by the Seller (representatives and Buyer or its representative) and, if present, the Buyer (or its representative)representatives. At least two (2) of these representative Two samples shall be given to retained by the BuyerBuyer or its representatives, one (1) of which is for these shall be the MARPOL compliance purposescompliant sample. Two (2) The remaining samples shall be retained by the Seller for a period of thirty (30) days following deliveryor its representatives. 7.48.4. If In the Buyer submits event of a claim in accordance with Clause 10.4dispute concerning the quality of the Bunker Fuel, the results of analysis of the Seller’s or its representative’s drawn samples performed by an independent laboratory mutually appointed by the Buyer and Seller shall be conclusive to determine the quality of the Bunker Fuel supplied and shall supplied. Analysis results of the Seller's or its representative's drawn samples will be the sole binding evidence for the quality of the Bunker Fuel supplied to the Vessel. Should the independent laboratory determination of quality fall within the established test precision range (repeatability and reproducibility) for said parameter, no claim to the Seller shall be made by the Buyer. 7.58.5. 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 (seven) 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.

Sampling. 7.18.1. The Seller (or its representative) representatives shall arrange for samples to be drawn at the time of delivery of the Bunker Fuel. The Unless otherwise agreed between the Seller and Buyer (prior to entering into the Bunker Contract, the samples shall be drawn from a point and in a manner chosen by the Seller or its representative) representatives in accordance with the customary sampling procedures at the port or place of delivery of the Bunker Fuel. For deliveries in Singapore, All samplings taken at the time of bunkering shall witness such be done in accordance to the procedures as set in the Code of Practice for Bunkering - Singapore Standard TR48 and SS 600, or its latest edition. Any sample taken outside of the procedures as set in the above, shall not be recognized as the legal and binding sample. 8.2. The sampling process at mentioned in section 8.1 shall be performed in the presence of the Seller or its own expense representatives and without delaying the Buyer or hindering the delivery operations its representatives, but the absence of the Buyer (or its representative) representatives during all or any part of the sampling process shall not prejudice the validity of the samples. 7.2. Unless otherwise agreed between the Parties prior to entering into this Bunker Contract, samples shall be drawn from a point and in a manner chosen by the Seller (or its representative) in accordance with the MARPOL sampling procedures at the port or place of delivery of the Bunker Fuel. 7.3. The Seller shall take a minimum of four (4) representative samples of each grade of Bunker Fuel delivered8.3. On completion of sampling, all samples drawn by the Seller or its representatives are to be securely sealed sealed, labeled and labelled signed by the both Seller (or its representative) as well as signed by the Seller (representatives and Buyer or its representative) and, if present, the Buyer (or its representative)representatives. At least two (2) of these representative Two samples shall be given to retained by the BuyerBuyer or its representatives, one (1) of which is for these shall be the MARPOL compliance purposescompliant sample. Two (2) The remaining samples shall be retained by the Seller for a period of thirty (30) days following deliveryor its representatives. 7.48.4. If In the Buyer submits event of a claim in accordance with Clause 10.4dispute concerning the quality of the Bunker Fuel, the results of analysis of the Seller’s or its representative’s drawn samples performed by an independent laboratory mutually appointed by the Buyer and Seller shall be conclusive to determine the quality of the Bunker Fuel supplied and shall supplied. Analysis results of the Seller's or its representative's drawn samples will be the sole binding evidence for the quality of the Bunker Fuel supplied to the Vessel. Should the independent laboratory determination of quality fall within the established test precision range (repeatability and reproducibility) for said parameter, no claim to the Seller shall be made by the Buyer. 7.58.5. 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 (seven) 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.