Common use of QUANTITY CLAIMS Clause in Contracts

QUANTITY CLAIMS. (a) The Buyer shall not be entitled to make any Quantity Claims against the Seller or the Supplier unless the conditions in clause 9.1(b) are met and the Quantity Claim is either: (i) that Marine Fuel delivered was not measured in accordance with clause 6(a); or (ii) a claim of fraud or material inaccuracy by the Seller or the Supplier as to the quantity of Marine Fuel delivered. (b) The Buyer or Master shall: (i) dispute the quantity of Marine Fuel measured as delivered and specified in the BDN on the Date of Delivery, if the claim is a claim pursuant to clause 9.1(a)(i); (ii) issue a Letter of Protest and hand the Letter of Protest to the Seller or the Supplier on the Date of Delivery with respect to claims pursuant to clause 9.1(a)(i) and 9.1(a)(ii); and (iii) formally notify the Seller of its claim, in writing, within fourteen (14) calendar days of the Date of Delivery, together with sufficient evidence to support its claim.