Common use of Quality Analysis Clause in Contracts

Quality Analysis. The Seller shall mechanically sample each Shipment during the loading process in accordance with the most current ASTM standards. If mechanical sampling cannot be performed due to equipment unavailability, the Seller shall collect manual samples in accordance with current ASTM standards. All sampling costs shall be borne by the Seller. The Purchaser will have the right to reject any Shipment which the Seller has failed to sample in its entirety or has sampled in a manner not consistent with the above procedures. The Purchaser will have the right to have a representative present to observe the sampling process. Any Shipment that has not been sampled, or for which any analytical data are otherwise unavailable, shall be presumed to be of a quality represented by the weighted averages of the analytical data for the current month under this Agreement which were sampled in accordance with this Section 2.2, but only for such characteristics for which actual analytical data are not available for such Shipment.