Common use of MEASUREMENTS AND TEST Clause in Contracts

MEASUREMENTS AND TEST. Seller will take the measurements and make the calculations necessary to determine the quantity of Product delivered. Such quantity shall be determined by calibrated meter on the pipeline or delivery vessel/barge or, if such is not available, calculating the difference between: the amount of Product in the delivering vessel/barge or shore tank before the transfer to the receiving Vessel; and the amount of Product in the delivering vessel/barge or shore tank after the transfer to the receiving vessel. The amount of Product in the delivering vessel/barge before and after the transfer will be determined by: measuring the ullage in each compartment of the delivering vessel/barge by hand line; and using the strapping table for the delivering barge to convert the ullage measurements to Product quantities. Calculations of the quantity of Product delivered that are based on the amount of Product in the receiving Vessel before or after the transfer will not consider by Seller nor will they be admissible as evidence in court. A representative of the receiving vessel is invited to be present or Buyer may appoint a properly accredited surveyor to attend all measurements. Absent manifest error, the SELLER’s determination of quantity shall be conclusive. All measurements shall be adjusted to barrels or metric tons at 60° Fahrenheit temperature. All such adjustments shall be made in accordance with the latest joint Petroleum Measurement Tables of the American Petroleum Institute (“API”), the American Society of Testing and Materials (“ASTM”) and the Institute of Petroleum (“IP”) designated API D-250. ASTM D-1250 and IP 200/52, respectively.

Appears in 2 contracts

Sources: Terms and Conditions of Sale, Terms and Conditions of Sale

MEASUREMENTS AND TEST. Seller will take the measurements and make the calculations necessary to determine the quantity of Product delivered. Such quantity shall be determined by calibrated meter on the pipeline or delivery vessel/barge or, if such is not available, calculating the difference between: the amount of Product in the delivering vessel/barge or shore tank before the transfer to the receiving Vessel; and the amount of Product in the delivering vessel/barge or shore tank after the transfer to the receiving vessel. The amount of Product in the delivering vessel/barge before and after the transfer will be determined by: measuring the ullage in each compartment of the delivering vessel/barge by hand line; and using the strapping table for the delivering barge to convert the ullage measurements to Product quantities. Calculations of the quantity of Product delivered that are based on the amount of Product in the receiving Vessel before or after the transfer will not consider by Seller nor will they be admissible as evidence in court. A representative of the receiving vessel is invited to be present or Buyer may appoint a properly accredited surveyor to attend all measurements. Absent manifest error, the SELLER’s 's determination of quantity shall be conclusive. All measurements shall be adjusted to barrels or metric tons at 60° Fahrenheit temperature. All such adjustments shall be made in accordance with the latest joint Petroleum Measurement Tables of the American Petroleum Institute ("API"), the American Society of Testing and Materials ("ASTM") and the Institute of Petroleum ("IP") designated API D-250. ASTM D-1250 and IP 200/52, respectively.

Appears in 1 contract

Sources: Terms and Conditions of Sale