Determination of Quantity and Quality. Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at Seller’s Facilities. Each device provided for in this Paragraph C.23 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer shall furnish to Seller, or cause Seller to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer before and after loading. Copies of gauging and measurement records shall be furnished to Seller, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇.▇▇, ▇.▇▇ and F.32. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller and provided to Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 to C.23.8 above shall be witnessed and verified by an independent surveyor or independent surveyors. Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller and Buyer. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.
Appears in 2 contracts
Sources: Sale and Purchase Agreement, Sale and Purchase Agreement
Determination of Quantity and Quality. Buyer Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at SellerBuyer’s Facilities. Each device provided for in this Paragraph C.23 D.29 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 ▇▇▇▇▇▇▇▇▇ ▇.▇▇ not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 D.29 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer Seller shall furnish to SellerBuyer, or cause Seller Buyer to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a the Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loadingunloading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer Seller before and after loadingunloading. Copies of gauging and measurement records shall be furnished to SellerBuyer, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇.▇▇, ▇.▇▇ and F.32. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller Buyer and provided to Buyer Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by SellerBuyer, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded unloaded at the Loading Discharge Port shall be calculated by Seller Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 D.29.6 to C.23.8 D.29.8 above shall be witnessed and verified by an independent surveyor or independent surveyorssurveyor(s). Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative representatives of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor surveyor(s) after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller Buyer and BuyerSeller. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.
Appears in 1 contract
Sources: Sale and Purchase Agreement
Determination of Quantity and Quality. Buyer 6.1 Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller .
6.2 Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at SellerBuyer’s Facilities. .
6.3 Each device provided for in this Paragraph C.23 D.6 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 D.6 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. .
6.4 The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 D.6 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer metre
6.5 Seller shall furnish to SellerBuyer, or cause Seller Buyer to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 F.1 for each tank of the LNG Ship. .
6.6 Volumes of LNG delivered at the Delivery Point pursuant to a the Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loadingunloading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer Seller before and after loadingunloading. Copies of gauging and measurement records shall be furnished to SellerBuyer, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇Paragraphs F.1, F.2 and F.3.▇▇, ▇.▇▇ and F.32.
6.7 Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller Buyer and provided to Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.4. Such sample shall be analysed, or caused to be analysed by Buyer, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.5 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample.
6.8 The quantity of Btus unloaded at the Discharge Port shall be calculated by Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 and shall be verified by an independent surveyor or independent surveyors. .
6.9 All measurements, gauging and analyses provided for in Paragraphs C.23.6 D.6.6 to C.23.8 D.6.8 above shall be witnessed and verified by an independent surveyor or independent surveyorssurveyor(s). Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative representatives of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor surveyor(s) after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). .
6.10 Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller ▇▇▇▇▇ and BuyerSeller. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.
6.11 Permissible tolerances shall be as set forth in the Terminal Rules or, in the absence of such tolerances, as set forth in Paragraphs F.1 and F.
Appears in 1 contract
Sources: Sale and Purchase Agreement
Determination of Quantity and Quality.
7.1 Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. .
7.2 Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at Seller’s Facilities. .
7.3 Each device provided for in this Paragraph C.23 C.7 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 C.7 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. .
7.4 The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 C.7 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre metre
7.5 Buyer shall furnish to Seller, or cause Seller to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 F.1 for each tank of the LNG Ship. .
7.6 Volumes of LNG delivered at the Delivery Point pursuant to a Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer before and after loading. Copies of gauging and measurement records shall be furnished to Seller, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇.▇▇, ▇.▇▇ and F.32. F.3.
7.7 Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller and provided to Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33F.4. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. .
7.8 The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 and shall be verified by an independent surveyor or independent surveyors. surveyors.
7.9 All measurements, gauging and analyses provided for in Paragraphs C.23.6 C.7.6 to C.23.8 C.7.8 above shall be witnessed and verified by an independent surveyor or independent surveyors. Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). otherwise).
7.10 Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller ▇▇▇▇▇▇ and Buyer▇▇▇▇▇. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.
7.11 Permissible tolerances shall be as set forth in the Terminal Rules or, in the absence of such tolerances, as set forth in Paragraphs F.1 and F.
Appears in 1 contract
Sources: Sale and Purchase Agreement
Determination of Quantity and Quality. Buyer Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at SellerBuyer’s Facilities. Each device provided for in this Paragraph C.23 D.28.7 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 D.28.7 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 D.28.7 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer Seller shall furnish to SellerBuyer, or cause Seller Buyer to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a the Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loadingunloading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer Seller before and after loadingunloading. Copies of gauging and measurement records shall be furnished to SellerBuyer, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇.▇▇, ▇.▇▇ and F.32. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller Buyer and provided to Buyer Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by SellerBuyer, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded unloaded at the Loading Discharge Port shall be calculated by Seller Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 D.29.6 to C.23.8 D.29.8 above shall be witnessed and verified by an independent surveyor or independent surveyorssurveyor(s). Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative representatives of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor surveyor(s) after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller Buyer and BuyerSeller. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.
Appears in 1 contract
Sources: Sale and Purchase Agreement
Determination of Quantity and Quality. Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at Seller’s Facilities. Each device provided for in this Paragraph C.23 C.7 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 C.7 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 C.7 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer shall furnish to Seller, or cause Seller to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 F.1 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer before and after loading. Copies of gauging and measurement records shall be furnished to Seller, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇.▇▇Paragraphs F.1, ▇.▇▇ F.2 and F.32F.3. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller and provided to Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33F.4. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 C.7.6 to C.23.8 C.7.8 above shall be witnessed and verified by an independent surveyor or independent surveyors. Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller ▇▇▇▇▇▇ and Buyer▇▇▇▇▇. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.
Appears in 1 contract
Sources: Sale and Purchase Agreement
Determination of Quantity and Quality. Buyer 6.1 Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller .
6.2 Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at SellerBuyer’s Facilities. .
6.3 Each device provided for in this Paragraph C.23 D.5.7 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 D.5.7 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. .
6.4 The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 D.5.7 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer metre
6.5 Seller shall furnish to SellerBuyer, or cause Seller Buyer to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 F.1 for each tank of the LNG Ship. .
6.6 Volumes of LNG delivered at the Delivery Point pursuant to a the Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loadingunloading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer Seller before and after loadingunloading. Copies of gauging and measurement records shall be furnished to SellerBuyer, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇.▇▇, ▇.▇▇ and F.32. F.3.
6.7 Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller Buyer and provided to Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.4. Such sample shall be analysed, or caused to be analysed by Buyer, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.5 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample.
6.8 The quantity of Btus unloaded at the Discharge Port shall be calculated by Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 and shall be verified by an independent surveyor or independent surveyors. surveyors.
6.9 All measurements, gauging and analyses provided for in Paragraphs C.23.6 D.6.6 to C.23.8 D.6.8 above shall be witnessed and verified by an independent surveyor or independent surveyorssurveyor(s). Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative representatives of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor surveyor(s) after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). .
6.10 Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller ▇▇▇▇▇ and BuyerSeller. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.
6.11 Permissible tolerances shall be as set forth in the Terminal Rules or, in the absence of such tolerances, as set forth in Paragraphs F.1 and F.
Appears in 1 contract
Sources: Sale and Purchase Agreement
Determination of Quantity and Quality. Buyer Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at SellerBuyer’s Facilities. Each device provided for in this Paragraph C.23 D.6 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 D.6 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 D.6 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer Seller shall furnish to SellerBuyer, or cause Seller Buyer to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 F.1 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a the Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loadingunloading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer Seller before and after loadingunloading. Copies of gauging and measurement records shall be furnished to SellerBuyer, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇.▇▇Paragraphs F.1, ▇.▇▇ F.2 and F.32F.3. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller Buyer and provided to Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.4. Such sample shall be analysed, or caused to be analysed by Buyer, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.5 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus unloaded at the Discharge Port shall be calculated by Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 D.6.6 to C.23.8 D.6.8 above shall be witnessed and verified by an independent surveyor or independent surveyorssurveyor(s). Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative representatives of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor surveyor(s) after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller ▇▇▇▇▇ and BuyerSeller. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.
Appears in 1 contract
Sources: Sale and Purchase Agreement
Determination of Quantity and Quality. Buyer 6.1 Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller .
6.2 Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at SellerBuyer’s Facilities. .
6.3 Each device provided for in this Paragraph C.23 D.6 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 D.6 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. .
6.4 The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 D.6 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Length: Weight: Density: United States Units Standard Cubic Feet Degrees Fahrenheit Pounds per square Inch or inches of mercury Feet Pounds Pounds per cubic foot Metric Units Cubic metres Degrees Celsius Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer metre
6.5 Seller shall furnish to SellerBuyer, or cause Seller Buyer to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 F.1 for each tank of the LNG Ship. .
6.6 Volumes of LNG delivered at the Delivery Point pursuant to a the Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loadingunloading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer Seller before and after loadingunloading. Copies of gauging and measurement records shall be furnished to SellerBuyer, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇.▇▇, ▇.▇▇ and F.32. F.3.
6.7 Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller Buyer and provided to Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.4. Such sample shall be analysed, or caused to be analysed by Buyer, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.5 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample.
6.8 The quantity of Btus unloaded at the Discharge Port shall be calculated by Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 and shall be verified by an independent surveyor or independent surveyors. .
6.9 All measurements, gauging and analyses provided for in Paragraphs C.23.6 D.6.6 to C.23.8 D.6.8 above shall be witnessed and verified by an independent surveyor or independent surveyorssurveyor(s). Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative representatives of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor surveyor(s) after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). .
6.10 Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking dry‐docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller Buyer and BuyerSeller. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.
6.11 Permissible tolerances shall be as set forth in the Terminal Rules or, in the absence of such tolerances, as set forth in Paragraphs F.1 and F.
Appears in 1 contract
Sources: Sale and Purchase Agreement
Determination of Quantity and Quality. 7.1 Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG ShipVessel, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship Vessel or customarily maintained on board ship. .
7.2 Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at Seller’s Facilities. .
7.3 Each device provided for in this Paragraph C.23 Section 7 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 Section 7 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port Unloading Location is located and/or the country in which the Loading Port Location is located, as applicable. .
7.4 The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 Section 7 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units . Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer shall furnish to Seller, or cause Seller to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer before and after loading. Copies of gauging and measurement records shall be furnished to Seller, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇.▇▇, ▇.▇▇ and F.32. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller and provided to Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 to C.23.8 above shall be witnessed and verified by an independent surveyor or independent surveyors. Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller and Buyer. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.metre
Appears in 1 contract
Sources: Master LNG Sale and Purchase Agreement (New Fortress Energy LLC)
Determination of Quantity and Quality. Buyer 13.1 Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG ShipCarrier, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship Carrier or customarily maintained on board ship. Seller Such supply, operation and maintenance shall comply with the provisions of Annex C which shall form an integral part of this Master Agreement, and in the event of any inconsistency between this Clause 13 and Annex C with regard to the subject matter hereof, Annex C shall prevail.
13.2 Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at Seller’s the Receiving Facilities. Such supply, operation and maintenance shall comply with the provisions of Annex C, and in the event of any inconsistency between this Clause 13 and Annex C with regard to the subject matter hereof, Annex C shall prevail.
13.3 Each device provided for in this Paragraph C.23 Clause 13 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 Clause 13 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyorsthe Independent Surveyor. All such devices shall be subject to approval by the relevant classification societies or by societies. Seller shall ensure that each tank on the appropriate governmental authority LNG Carrier is equipped with two level-measuring devices of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. different types.
13.4 The Parties shall cooperate co-operate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurementClause 13. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the The Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States tables between units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetremeasurement, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer if necessary.
13.5 Seller shall furnish to Seller, Buyer or cause Seller Buyer to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 well as correction charts (including list, trim and contractions) for each tank of the LNG Ship. Carrier.
13.6 Volumes of LNG delivered at the Delivery Point pursuant to a Confirmation Notice under the relevant Transaction shall be determined by gauging the LNG in the tanks of the LNG Ship(s) Carrier immediately before and after loadingunloading. Gauging the liquid in the tanks of the LNG Ship(s) Carrier and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) Carrier and atmospheric pressure shall be performed, or caused to be performed, by Buyer Seller before and after loadingunloading. Copies of gauging and measurement records shall be furnished to Seller, and in the absence of manifest error, shall be conclusiveBuyer. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in ▇▇▇▇▇▇▇▇▇▇ ▇.▇▇, ▇.▇▇ and F.32. Annex C.
13.7 Representative samples of the delivered LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller and provided to Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed obtained and analysed, by SellerBuyer, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 Annex C in order to determine the Btu contentenergy content in MMBtu, the molar fraction of the hydrocarbons and other components in the sample. .
13.8 The quantity of Btus loaded energy content in MMBtu unloaded at the Loading Discharge Port shall be calculated by Seller in accordance with Buyer following the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 Annex C and shall be verified by an independent surveyor or independent surveyors. All the Independent Surveyor.
13.9 At the request of a Party, all measurements, gauging and analyses provided for in Paragraphs C.23.6 to C.23.8 Clauses 13.6, 13.7 and 13.8 above shall be witnessed carried out and verified by an independent surveyor or independent surveyorsthe Independent Surveyor. Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative of the other Party and the independent surveyor(s)representative jointly appointed by the Pakistan Gas Utilities (if applicable) in accordance with Clause 13.10, allowing such representative and independent surveyor(s) representatives a reasonable opportunity to be present for all operations and computations; provided, however, PROVIDED HOWEVER that the absence of either or both of the representative of the other Party or the independent surveyor representatives after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the Independent Surveyor's verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). resolved.
13.10 Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. Parties and in accordance with Annex C. In the case of gauging devices on the LNG Ship(s)Carrier, such tests and verifications shall take place during scheduled dry-docking periodsdry-
13.11 Permissible tolerances shall be as described in paragraph 3 of Annex C. Where the inaccuracy of a device is found to exceed the permissible tolerances, the device, if possible, shall be adjusted accordingly and recordings and computations made on the basis of those recordings shall be corrected with respect to any period of error that is definitely known or agreed by the Parties. Each PartyAll the invoices issued during such period of error shall be amended accordingly to reflect such correction and an adjustment in payment shall be made between Seller and Buyer. In the event that the period of error is neither known nor agreed, corrections shall be made for each delivery made during the last half of the period since the date of the most recent calibration of the inaccurate device.
13.12 Without prejudice to Clause 13.3, all costs and expenses for testing and verifying measurement devices shall be borne by the Party who is testing or verifying the devices being tested and verified unless the testing is conducted at its own the request of the other Party and such testing does not disclose errors or inaccuracies which require correction in such measurement devices, in which event the Party requesting such testing or verification shall bear such costs; PROVIDED HOWEVER that representatives of the Parties and the Pakistan Gas Utilities attending such tests and verifications shall do so at the cost and risk, risk of the Person they represent.
13.13 The Independent Surveyor to be appointed for the purposes of this Clause 13 and Annex C shall have be mutually agreed between the right Parties not less than one week before the LNG Carrier is to inspect arrive at any time the gauging devices installed Discharge Port. Neither Party shall unreasonably withhold consent to appointment of the Independent Surveyor proposed by the other Party, provided that . The fees and charges of the other Party Independent Surveyor for measurements and calculations shall be notified reasonably in advance. Testing shall be performed using methods recommended borne equally by the manufacturer or any other method agreed upon by Seller Buyer and Buyer. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNGSeller.
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