BP 2007 Products

of quantity and quality (or such other equivalent documents as may be
issued at the Loading Terminal) of the Product comprising the
shipment are issued in accordance with Section 7.1.2.3 below.
7.1.2 Certificates of Quantity and Quality
7.1.2.1 Provided always the certificates of quantity and quality (or such other
equivalent documents as may be issued at the Loading Terminal) of
the Product comprising the shipment are issued in accordance with
Sections 7.1.2.2 or 7.1.2.3 below then they shall, except in cases of
manifest error or fraud, be conclusive and binding on both parties for
invoicing purposes and the Buyer shall be obliged to make payment in
full in accordance with Section 30.1 but without prejudice to the rights
of either party to make any claim pursuant to Section 26.
7.1.2.2 Any certificate of quantity and quality (or such other equivalent
documents as may be issued at the Loading Terminal) issued pursuant
to Section 7.1.1.1(i) or Section 7.1.1.2(ii) shall always be in accordance
with good standard practice at the Loading Terminal at the time of
shipment.
7.1.2.3 Any certificate of quantity and quality issued by an independent
inspector pursuant to Section 7.1.1.1(ii) or 7.1.1.2(i) shall record that
the independent inspector did witness, or himself undertook, the
taking of samples and that the independent inspector did witness, or
himself undertook the measurement of quantity and the analysis of
such samples. For the avoidance of doubt, the parties agree that a
certificate of quantity and quality countersigned by an independent
inspector confirming these matters shall be a certificate of quantity
and quality for the purposes of Section 7.1.2.1 above.
7.1.2.4 In the event that the independent inspector did not undertake or did
not witness the measurement of quantity or the taking of samples or
the analysis of such samples then the certificate of quantity and
quality issued or countersigned by him must expressly reflect this and
it will not, in these circumstances, be a certificate of quantity and
quality for the purposes of Section 7.1.2.1 but merely evidence of
those matters undertaken or witnessed by the inspector.
7.2 Ex Ship deliveries
7.2.1. Measurement of the quantities and the taking of samples for the purposes of
determining the compliance of the Product with the quality and quantity
provisions of the Special Provisions shall be carried out at the Discharge Port at
the time of discharge by an independent inspector jointly agreed upon by the
Buyer and Seller. All charges of the independent inspector shall be shared
equally between the parties and the inspector’s certificates of quality and
quantity shall be made available to both parties. The Buyer shall ensure that the
independent inspector shall have full access to the facilities at the Discharge Port
necessary to enable him to perform his duties.
7.2.2 The independent inspector shall for the purpose of determining the quality of the
Product carry out or witness tests on a composite sample of the Product taken
by him or in his presence from the Vessel’s tanks at the Discharge Port
immediately prior to commencement of discharge and in accordance with the
test method(s) referred to in the specification of the Product set out in the
Special Provisions, or, where no test method is set out, in accordance with
current Approved Industry Practice.
7.2.3 The independent inspector shall for the purpose of determining the quantity of
the Product proceed as follows:
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