Common use of MEASUREMENT AND TESTING Clause in Contracts

MEASUREMENT AND TESTING. Seller or its designee shall own, operate and maintain, at or proximate to each Receipt Point, the metering equipment necessary to measure the quantity of each Feedstock delivered under this Agreement. All measurements and/or tests shall be made in accordance with the latest standards or guidelines published by the ASTM or other applicable industry standard methods. Seller’s (or its designee’s) volume and/or other measurements of Feedstock shall be used for billing purposes, unless proved to be in error. Buyer’s laboratory analysis and methods shall determine whether Feedstock specifications have been met, unless Seller proves to Buyer’s reasonable satisfaction that Buyer’s analysis report is erroneous. No Feedstock quantity claims will be made, including pursuant to Article VII, unless the difference is more than one percent (1%) of the invoiced quantity.

Appears in 3 contracts

Sources: Feedstock Supply Agreement, Feedstock Supply Agreement (Westlake Chemical Partners LP), Feedstock Supply Agreement (Westlake Chemical Partners LP)