Common use of Determination of Quantity Clause in Contracts

Determination of Quantity. (a) Quantity determination of Fuel Delivered by Seller in bulk on Oahu shall be made by the Independent Inspector gauging […] before and after Delivery. (b) Quantity determination of Fuel Delivered by Seller in bulk to the Companies’ Nominated Marine Terminal at Kaunakakai, Molokai, shall be determined at the time of each Delivery by the Independent Inspector gauging the receiving tanks at said marine terminal before and after Delivery. Such accounting shall include all pipeline flush activity for Companies account. (c) Quantity determination of Fuel Delivered by Seller at Seller’s Nominated terminal to the Companies’ Nominated truck(s) or in Seller’s Nominated truck(s) to the Companies Site Locations shall be determined at the time of each Delivery by Seller’s calibrated load rack meters, converted in each instance to volume at 60 DF by the automated rack control system. Meters shall be calibrated on an annual basis or as required and agreed by Seller and the Companies. The Companies shall have the right at its expense, and in accordance with procedures at Seller’s Nominated terminal to independently certify said calibration. The Companies and Seller shall have the right to have one representative present to witness such meter calibration.