Common use of Quantity and Quality Clause in Contracts

Quantity and Quality. 7.1. The Bunker Nomination shall contain the quantity of Marine Bunker Fuel required by the Buyer. 7.2. There are no guarantees or warranties, either expressed or implied as to the satisfactory quality, merchantability, fitness or suitability of the Marine Bunker Fuel for any particular purpose or otherwise. 7.3. Discrepancies in the quality and quantity of the Marine Bunker Fuel delivered shall be determined in accordance with the procedure set out as follows: a. ADVB’s measurements of the Marine Bunker Fuel in accordance with the Bunker Procedure shall be accepted as conclusive evidence of the quantities delivered. Provided however the Buyer is at liberty to be present at the measuring if they wishes to verify the correctness of ADVB’s measurements. However, ADVB is entitled to proceed in the absence of such representatives, and the quantities ascertained by ADVB shall be accepted by the Buyer as the correct measurement. The quantities of marine fuel delivered shall be measured from the official gauge or manual sounding or meter of the bunker tanker effecting the delivery. b. in case of a direct delivery by pipeline, the Engineer or the Buyer or his representative may check the shore tank soundings before and after delivery. In case of a barge delivery, the Engineer / Master or his representative may check the Barge soundings before and after the delivery. c. in the case of delivery by Tank Truck, the Engineer or the Master may check whether the tank levels are correct before delivery and that the tanks are empty after delivery. d. where the quantity of Marine Bunker Fuel delivered is calculated from tank dip measurements, all calculations shall be made in accordance with the ASTM-IP Petroleum Tables for Generalized Products. e. any dispute with regard to shortages shall be resolved by re-checking all relevant calculations prior to disconnection of hoses from the Vessel and any subsequent complaints shall not be entertained by ADVB. ADVB’s figures shall be taken as final. f. any claims relating to quality shall be sent to ADVB within thirty (30) days of the delivery of the Marine Bunker Fuel. Failure to claim within this period shall mean that any such claim is deemed to be waived and time barred. No claims will be admissible if the product delivered is found to have been mixed with another product on board the Vessel or a Tank Truck.

Quantity and Quality. 7.1. The Bunker Nomination shall contain the quantity 6.1 Quantity of Marine Bunker Fuel required by the Buyer. 7.2. There are no guarantees or warranties, either expressed or implied as to the satisfactory quality, merchantability, fitness or suitability of the Marine Bunker Fuel for any particular purpose or otherwise. 7.3. Discrepancies in the quality and quantity of the Marine Bunker Fuel product delivered shall be determined in accordance with the procedure set out at Seller's/Supplier's or his sub-contractors option by one of such generally recognized methods of measurement as follows: a. ADVB’s measurements of the Marine Bunker Fuel in accordance with the Bunker Procedure shall be accepted as conclusive evidence of the quantities delivered. Provided however the Buyer is at liberty to be present at the measuring if they wishes to verify the correctness of ADVB’s measurements. However, ADVB is entitled to proceed appropriate in the absence of such representatives, and the quantities ascertained by ADVB shall be accepted by the Buyer as the correct measurement. The quantities of marine fuel delivered shall be measured from the official gauge or manual sounding or meter of the bunker tanker effecting the delivery. b. in case of a direct delivery by pipeline, the Engineer or the Buyer or his representative may check the shore tank soundings before and after deliverycircumstances. In case of a barge deliverydelivery from shore terminal, the Engineer / Master or his representative may check quantity of Bunkers delivered shall be determined from measurements taken in the Barge soundings shore tanks before and after the delivery. c. in Bunkers are pumped out. In the case of delivery by Tank Truckbarge, the Engineer or the Master may check whether the tank levels are correct before delivery and that the tanks are empty after delivery. d. where the quantity of Marine Bunker Fuel Bunkers delivered is calculated from tank dip measurements, all calculations shall be determined from the measurements of the Barge tanks before and after the Bunkers are pumped out. The Buyer will be charged on these measurements made in accordance with the ASTM-IP Petroleum Tables for Generalized Productsmeasurement tables. e. any dispute with regard to shortages 6.2 Such determination shall be resolved conclusive, but Buyer shall have the right to be represented at the time of measuring and sampling and the representative may inspect the Bunkers delivered before they are pumped out of the shore or barge tank, but if the buyer is not represented then the Barge's determination of quantity shall be deemed to be correct and Buyer shall thereby waive any claim against seller with respect thereto. 6.3 Buyer shall have sole responsibility for the selection of proper marine fuels for use in the vessel being supplied. 6.4 The Quality of each grade of marine fuel shall be the usual quality of that grade offered for sale or being sold by re-checking all relevant calculations prior Seller/Supplier at the time and place of delivery. THERE ARE NO GUARANTEES NOR WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS OR SUITABILITY OF THE MARINE FUEL FOR ANY PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HERE. 6.5 Complaints and or claims as to disconnection quality must be based on tests made as soon as possible by an independent laboratory from samples taken at time of hoses delivery from the Vessel shore tank or barge from which delivery is made. A representative sample Seller/Supplier shall take, by continuous drip or through an automatic sampling devise where applicable, seal and any subsequent complaints shall not identify three (3)such samples of each grade of marine fuel delivered, giving one to the Master of the Receiving vessel and giving the other two samples to Seller/Supplier to be entertained by ADVB. ADVB’s figures shall be taken as final. f. any claims relating to quality shall be sent to ADVB within retained for thirty (30) days following delivery. Buyer shall be entitled to have his representative present when such samples are taken. In the event of a discrepancy between test results of samples submitted by the Buyer and corresponding samples submitted by the Seller/Supplier, then the third sample will be submitted for analysis to an independent laboratory, the results of which shall be conclusive for the quality of product delivered. 6.6 It is the duty of Buyer to take all reasonable actions, including retention and burning of fuel, to eliminate or minimize any costs associated with an off-specification or suspected off-specification supply. To this end Buyer shall co-operate with Seller in achieving the most cost-effective solution. In any event Seller's obligation hereunder shall not exceed direct expenses incurred for removal and replacement of fuel and shall not include any consequential or indirect damages, including without limitation, demurrage claims and loss of contract or loss of profit. If Buyer removes such fuel without the consent of the delivery of the Marine Bunker Fuel. Failure to claim within this period Seller then all such costs shall mean that any such claim is deemed to be waived and time barred. No claims will be admissible if the product delivered is found to have been mixed with another product on board the Vessel or a Tank Truckfor Buyer's account.

Quantity and Quality. 7.1. The Bunker Nomination shall contain the quantity 6.1 Quantity of Marine Bunker Fuel required by the Buyer. 7.2. There are no guarantees or warranties, either expressed or implied as to the satisfactory quality, merchantability, fitness or suitability of the Marine Bunker Fuel for any particular purpose or otherwise. 7.3. Discrepancies in the quality and quantity of the Marine Bunker Fuel product delivered shall be determined in accordance with the procedure set out at Seller's or Supplier's or its sub-contractor’s option by one of such generally recognized methods of measurement as follows: a. ADVB’s measurements of the Marine Bunker Fuel in accordance with the Bunker Procedure shall be accepted as conclusive evidence of the quantities delivered. Provided however the Buyer is at liberty to be present at the measuring if they wishes to verify the correctness of ADVB’s measurements. However, ADVB is entitled to proceed appropriate in the absence of such representatives, and the quantities ascertained by ADVB shall be accepted by the Buyer as the correct measurement. The quantities of marine fuel delivered shall be measured from the official gauge or manual sounding or meter of the bunker tanker effecting the delivery. b. in case of a direct delivery by pipeline, the Engineer or the Buyer or his representative may check the shore tank soundings before and after deliverycircumstances. In case of a barge deliverydelivery from shore terminal, the Engineer / Master or his representative may check quantity of Bunkers delivered shall be determined from ullages taken in the Barge soundings shore tanks before and after the delivery. c. in Bunkers are pumped out. In the case of delivery by Tank Truckbarge, the Engineer or the Master may check whether the tank levels are correct before delivery and that the tanks are empty after delivery. d. where the quantity of Marine Bunker Fuel Bunkers delivered is calculated shall be determined from tank dip measurements, all calculations the ullages or soundings of the barge tanks before and after the Bunkers are pumped out. These measurements shall be made in accordance with the ASTM-IP Petroleum Tables for Generalized Productsmeasurement tables. e. any dispute with regard to shortages 6.2 Such determination shall be resolved by re-checking all relevant calculations prior conclusive, but Buyer shall have the right to disconnection be represented at the time of hoses from measuring and sampling and the Vessel and any subsequent complaints shall representative may inspect the Bunkers to be delivered before they are pumped out of the shore or barge tank, but if the Buyer is not be entertained by ADVB. ADVB’s figures represented then the barge's determination of quantity shall be taken as final. f. any claims relating to quality shall be sent to ADVB within thirty (30) days of the delivery of the Marine Bunker Fuel. Failure to claim within this period shall mean that any such claim is deemed to be waived correct and Buyer shall thereby waive any claim against Seller with respect thereto. 6.3 Buyer shall have sole responsibility for the selection of proper marine fuels for use in the Vessel. 6.4 The quality of each grade of marine fuel shall be the usual quality of that grade offered for sale or being sold by Seller/Supplier at the time barredand place of delivery. No THERE ARE NO GUARANTEES NOR WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS OR SUITABILITY OF THE BUNKERS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HERE. 6.5 Complaints and/or claims will as to quality must be admissible if based on tests jointly made as soon as possible by an independent laboratory from samples taken at time of delivery from the product delivered shore tank or barge from which delivery is found made. A representative of Seller/Supplier shall take, by continuous drip or through an automatic sampling devise where applicable, seal and identify three (3)such samples of each grade of marine fuel delivered, giving one to 6.6 It is the duty of Buyer to have been mixed take all reasonable actions, including retention and burning of fuel, to eliminate or minimize any costs associated with another product on board an off-specification or suspected off-specification supply. To this end Buyer shall co-operate with Seller in achieving the Vessel most cost-effective solution. In any event Seller's liability hereunder shall not exceed the direct expenses incurred for removal and replacement of the off-spec Bunkers and shall not include any consequential or a Tank Truckindirect damages, including without limitation, demurrage claims and loss of contract or loss of profit. If Buyer removes the Bunkers without the consent of the Seller then all such costs shall be for Buyer's account.