Quality and Quantity Sample Clauses
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Quality and Quantity. (a) The Goods, Services and Equipment shall be supplied or leased to the Company in the quantities, and at the prices, stated in the Purchase Order and, in the case of Goods and Equipment, the Supplier shall not substitute the Goods or Equipment with any similar alternative goods or equipment.
(b) The Supplier warrants that:
(i) the Goods will be of merchantable quality, current manufacture, appropriate grade and suitable capacity, and be free from all defects and imperfections affecting performance;
(ii) the Goods, Services and Equipment will conform in all respects to the stipulated specifications, and conform with all Relevant Laws and applicable codes and standards;
(iii) the Services will be performed in accordance with best practice standards of skill, care and diligence to be expected of a competent contractor performing similar services;
(iv) the Equipment is in good working order and condition and does not contain any defects which may adversely impact the Company’s use thereof for its intended purpose or may impact the health or safety of the Company’s personnel;
(v) all required service and maintenance of the Equipment has been undertaken and is up to date; and
(vi) its obligations hereunder will be performed by competent and appropriately skilled and trained personnel.
Quality and Quantity. WDMWW shall use reasonable diligence and efforts to produce finished drinking water and to operate, maintain and manage the WDMWW Designated Water Supply Facilities to produce finished drinking water which is (i) in compliance with applicable State and Federal drinking water quality regulations; (ii) in compliance with all applicable water supply operation permits;
Quality and Quantity. The quantity of Product handled hereunder shall be determined by meter, gauge or such other procedure as the Parties shall mutually agree. Measured volumes at recorded or observed temperatures and pressures will be converted to volumes at sixty (60) degrees Fahrenheit and atmospheric pressure in accordance with ASTM International D-1250 Petroleum Measurement Tables, or latest revisions thereof. All measurements shall be determined by Operator, but Owner or its authorized representatives may be present to witness any measurements. The volume of impurities in Product received and delivered by Operator will be measured by an electrical or mechanical device or by physical test, in accordance with the latest American Petroleum Institute Standards covering the measuring, sampling, and testing of Product.
Quality and Quantity. 6.1 The Company guarantees that the delivered Products, upon their delivery to the Client pursuant to subclause 3.1 or 3.2, depending on the way of delivery agreed on, shall be compliant, as far as materials are concerned, with specification agreed on in writing and signed by the Company and the Client or, when no specification was agreed on, Product specification provided to the Client by the Company taking the tolerance determined in the said specification into account. If the Products, upon their delivery to the Client pursuant to subclause 3.1 or 3.2, depending on the way of delivery agreed on, fail to meet the explicit terms and conditions of the Contract or the above warranties are breached, the Company shall, at its own discretion, to replace the damaged Product free of charge or refund the total payment, up to its total amount, made by the Client pursuant to the provision of the Contract in relation to the damaged Products. All other warranties, provisions and terms and conditions, express or implied, are hereby excluded in the full extent permitted by law.
6.2 If the Products are delivered in the amount greater or lower which is not exceeding 5% of the quantity or weight of the ordered Products, the delivery shall be treated by the Company as proper performance of the Contract. The Client shall not be entitled to raise any objection or reject the Product due to its larger or smaller amount, and it shall pay for the Product in accordance with the price specified in the Contract.
Quality and Quantity. All articles sold, and materials and work supplied hereunder, shall (a) be of good material and workmanship, free from any defect, and of the best grade for the intended purpose, (b) conform to the specifications, drawings, samples, or other data or descriptions furnished or adopted by Buyer, (c) be merchantable and fit and sufficient for the purpose intended, and (d) at all times be subject to Buyer’s final inspection. ▇▇▇▇▇’s count will be accepted as final and conclusive on all shipments not accompanied by a packing slip. Substitutions will not be permitted except on written authorization of Buyer. Material delivered in error or any excess of quantity will be returned at Seller’s expense.
Quality and Quantity. The Inventory consisted of a quality and quantity usable and saleable in the ordinary course of the Group's business.
Quality and Quantity. 1. The results ascertained by the Inspector shall be binding on the Parties, except in case of fraud or manifest error.
Quality and Quantity. Assumption of goods is carried out in the factories of the Contracting Entity. The Supplier must prove 100% quality and both delivery date and quantity compliance. Signatures and stamps of release of goods are not considered as final assumption. Inappropriate or unsuitable deliveries are sent back by the Contracting Entity to the Supplier, thereby charging him the due costs. The Contracting Entity reserves the right to demand compensation for these insufficient deliveries, which shall be invoiced under the same terms.
Quality and Quantity. The Seller hereby warrants that all deliveries of Gold shall be accompanied by an authentic assay report, which will be made by ALS USA, INC. prior to the delivery of Gold for the purpose of determining the purity of the metal, pursuant to the specification of Section 1, herein.
Quality and Quantity. 2.1. The Slag shall be delivered EXW the Site.
2.2. Information on the quality and quantity of the Slag is based at this stage on information given by the SUPPLIER. This Agreement covers the tonnages of the Slag in stock zones I, J, K1, K2 and TAS-GL (a map of the stock zones is attached as Appendix 1 forming an integral part of this Agreement) : This represents at least 4 million dry tons of Slag having the following average analysis (and is attached as Appendix 2 and forming an integral part of this Agreement) : -Co: 1.85% -Cu: 1.39% -Zn: 7.49% The quantity of Slag mentioned in Appendix 2 should be sufficient for the production of Cobalt Alloy containing 5,000 tons of Cobalt per year for a period of 15 years.
2.3. Should the total tonnage of Slag corresponding to the minimal specifications be higher than the total quantities indicated above, the PURCHASER shall have the right of first refusal to buy the excess of the Slag at terms and conditions to be set out. In case GECAMINES wants to utilize other part of the stock than what is defined in Article 2.2, the PURCHASER shall have the right of pre-emption to use it within 3 months after the written notice addressed by GECAMINES to the PURCHASER. The purchase conditions on all or part of that part of the stock shall be negotiated in the event the pre-emption right is used.
2.4. The SUPPLIER has delivered a preliminary map indicating the cobalt contents of the different zones of the Site. Such map is only preliminary, and shall not have any value of evidence with regard to the cobalt content of the Slag in the different zones of the Site. The PURCHASER shall have the right to take samples in order to analyze the cobalt content of the Slag. Should an essential part of the Slag have a cobalt content below the allowed average content, and the J.V. find that the project is not economically viable, according to the feasibility studies, the J.V. shall have the right at its full and independent discretion, to terminate this Agreement by means of a written notice delivered to the SUPPLIER at the latest 6 months after entering into force of this Agreement.
2.5. The SUPPLIER undertakes to sell to the PURCHASER the quantity of Slag needed to produce the Cobalt Alloy as determined annually by the PURCHASER. That annual production shall be realized according to the agreed processing conditions and shall not be superior to 5,000 tons of cobalt contained in the Cobalt Alloy without the approval of the SUPPLIER. Nevertheles...