Measurement clause: Copy, customize, and use instantly
Introduction
A "measurement" clause defines how quantities, sizes, weights, or other dimensions are measured within an agreement. This clause ensures consistency and clarity when determining the parameters of performance, deliverables, or any other measurable components of the agreement. It helps prevent disputes and provides a standardized method for evaluating performance or progress.
Below are templates for measurement clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard measurement clause
This variation sets the basic framework for measurement.
All measurements required under this Agreement, including but not limited to quantities, sizes, and weights, will be made according to the methods and standards set forth in [reference to standard or procedure]. Measurements will be taken at [specified location] and shall be final unless otherwise agreed upon by both Parties in writing.
Measurement clause with third-party verification
This variation involves a third party to verify measurements.
Any measurements taken under this Agreement shall be subject to verification by an independent third party agreed upon by both Parties. The third-party measurement shall be binding, and the costs of verification will be shared equally unless otherwise specified in writing.
Measurement clause with specific standards
This variation specifies the standards to be followed for measurements.
All measurements under this Agreement shall be conducted in accordance with [specific measurement standard, e.g., ISO 9001, ASTM standards]. Any deviation from these standards must be mutually agreed upon in writing and documented by both Parties.
Measurement clause with equipment requirement
This variation outlines the equipment to be used for measurement.
The Parties agree that all measurements required under this Agreement will be conducted using [specific equipment], calibrated to [specified standard]. Both Parties will ensure that the equipment is in good working condition and that measurements are taken in a consistent and accurate manner.
Measurement clause with frequency specification
This variation specifies how often measurements should be taken.
All measurements under this Agreement must be performed at [specified intervals], and any changes to the regular schedule must be agreed upon by both Parties in writing. The results of these measurements will be documented and made available to both Parties upon request.
Measurement clause with tolerance range
This variation allows for a tolerance range in measurements.
Measurements taken under this Agreement will be subject to a tolerance range of [percentage]% above or below the specified value. Any measurements falling outside this range will be addressed and rectified by the responsible Party within [number] days.
Measurement clause with documentary evidence requirement
This variation requires documentary evidence for measurements.
All measurements under this Agreement must be documented in writing, with supporting evidence such as charts, records, or photographs. The documentation will be available for review by both Parties upon request.
Measurement clause with rounding convention
This variation specifies how to handle rounding of measurements.
All measurements under this Agreement will be rounded to the nearest [unit, e.g., inch, kilogram]. The rounding convention will apply to all quantities, sizes, and weights involved, unless otherwise agreed upon in writing by both Parties.
Measurement clause with access to measurement records
This variation grants access to measurement records.
Both Parties agree to grant each other access to all records related to the measurements conducted under this Agreement. These records will be made available at any reasonable time during the term of the Agreement, and copies will be provided upon request.
Measurement clause with adjustment for environmental factors
This variation accounts for environmental factors affecting measurements.
Measurements will be adjusted to account for any environmental factors, including temperature, humidity, or other conditions, that may affect accuracy. Both Parties will agree on an acceptable method of adjustment and document any deviations from standard conditions.
Measurement clause with notification of discrepancies
This variation requires notification if discrepancies are found.
If any discrepancies are found between expected and actual measurements, the Party responsible for the measurement must notify the other Party in writing within [number] days of discovery. Both Parties will then review the discrepancies and agree on corrective actions.
Measurement clause with continuous monitoring
This variation requires continuous monitoring for accurate measurement.
All measurements required under this Agreement will be continuously monitored using [specified equipment or method]. Both Parties agree to review the results regularly and ensure that any deviations are promptly addressed and corrected to maintain accuracy throughout the term of the Agreement.
Measurement clause with agreed-upon method
This variation establishes an agreed-upon method for measurement.
The Parties agree that all measurements under this Agreement will be conducted using [specified method, e.g., direct measurement, estimation, or automated systems]. Any deviation from this method must be mutually agreed upon in writing by both Parties and documented accordingly.
Measurement clause with inspection rights
This variation grants inspection rights to the other Party.
Both Parties have the right to inspect all measurements taken under this Agreement. Inspections will be carried out within [number] days of the measurement being recorded, and either Party may request remeasurement if discrepancies are found.
Measurement clause with independent assessment
This variation allows for independent assessment of measurements.
If there is a dispute regarding any measurements, both Parties agree to engage an independent expert to assess the measurements. The findings of the expert will be final and binding, and the costs of assessment will be shared equally unless otherwise agreed in writing.
Measurement clause with agreed units of measurement
This variation specifies the units of measurement to be used.
The Parties agree that all measurements under this Agreement will be made using the following units: [list of units, e.g., meters, kilograms, liters]. If any other units are required for specific circumstances, both Parties must agree on the conversion method beforehand.
Measurement clause with inspection and approval process
This variation includes an inspection and approval process.
The Party performing the measurements must provide the other Party with an opportunity to inspect and approve the measurements before final acceptance. The receiving Party will have [number] days to approve or raise any objections regarding the measurements, after which the measurements will be deemed accepted.
Measurement clause with specified sampling method
This variation specifies the method for sampling measurements.
All measurements under this Agreement will be taken from a sample of [number] units, chosen at random. The Parties agree on the sampling method outlined in [referenced document] to ensure fairness and accuracy in the measurement process.
Measurement clause with recording system requirement
This variation requires the use of a recording system for measurements.
The Party responsible for taking measurements will use an approved electronic recording system to document all measurements. The system will automatically log each measurement along with the date, time, and conditions under which it was taken, and both Parties will have access to this system for verification.
Measurement clause with periodic review of methodology
This variation involves periodic review of the measurement methodology.
Both Parties agree to conduct a periodic review of the measurement methods used under this Agreement. The review will take place every [number] months, and any necessary adjustments to the methodology will be made to ensure the continued accuracy and relevance of the measurements.
Measurement clause with accuracy standard
This variation sets an accuracy standard for measurements.
All measurements under this Agreement must meet a minimum accuracy standard of [specified percentage or value]. If the measurements fall outside this range, the Party responsible will remeasure and correct the discrepancy at their own expense.
Measurement clause with dispute resolution procedure
This variation includes a dispute resolution process for measurement disagreements.
In the event of a disagreement over any measurements, the Parties agree to resolve the issue through negotiation, followed by mediation if necessary. If mediation does not resolve the dispute, the matter will be taken to arbitration in accordance with the rules specified in [arbitration agreement or body].
Measurement clause with specific error tolerance
This variation includes an error tolerance for measurements.
All measurements performed under this Agreement will allow for an error tolerance of [percentage]%. If the measurements exceed this tolerance, the responsible Party must promptly correct the discrepancy at their own cost. Any discrepancies exceeding the tolerance will be reviewed by both Parties for resolution.
Measurement clause with consent for remeasurement
This variation allows consent for remeasurement.
In the event that either Party disputes any measurement, they have the right to request remeasurement. The Party requesting remeasurement must notify the other Party in writing, and both Parties must consent to the remeasurement process. The costs of remeasurement will be borne by the responsible Party if discrepancies are found.
Measurement clause with time of measurement clause
This variation specifies when measurements should be taken.
All measurements required under this Agreement must be taken at [specified time or condition, e.g., at the end of each quarter, at the point of delivery]. Both Parties agree that any measurement taken outside of this specified time frame will not be valid unless explicitly agreed upon in writing by both Parties.
Measurement clause with compliance with industry standards
This variation requires compliance with industry standards.
All measurements conducted under this Agreement will comply with industry standards and regulations. Both Parties agree that the measurements will be done in accordance with [referenced industry standard], and if any issues arise, they will be resolved following these standards.
Measurement clause with physical inspection requirement
This variation includes a requirement for physical inspection.
The Party responsible for taking measurements must allow the other Party to perform a physical inspection of the measuring process. Any discrepancies identified during the inspection must be corrected immediately by the responsible Party, and the corrected measurements will be re-inspected.
Measurement clause with automated tracking system
This variation incorporates an automated tracking system for measurements.
All measurements will be recorded and tracked automatically using [specified software/system]. Both Parties will have access to the tracking system and will be able to view and verify measurement data in real time. Any errors in the automated system must be corrected promptly to ensure accurate records.
Measurement clause with agreed-upon measurement tools
This variation specifies the tools to be used for measurements.
Both Parties agree that measurements will be taken using [specific measurement tools or devices]. The tools must be calibrated to the specified standards and regularly maintained to ensure accuracy. Any tool-related issues must be addressed immediately to maintain measurement reliability.
Measurement clause with periodic calibration checks
This variation includes calibration checks for measurement equipment.
The Party responsible for measurements must perform periodic calibration checks on measurement equipment at intervals of [number] days. Both Parties agree that if the equipment fails calibration, it must be recalibrated before any further measurements are taken, and the costs for recalibration will be borne by the responsible Party.
Measurement clause with continuous verification
This variation ensures continuous verification of measurements.
All measurements taken under this Agreement will be continuously verified through [specified method, e.g., double-checking, third-party audits]. Both Parties agree to review the verification results regularly, and if discrepancies are found, they will be addressed immediately.
Measurement clause with real-time reporting
This variation requires real-time reporting of measurements.
The Party responsible for measurements will report the results in real time via [method of communication, e.g., online portal, email]. Both Parties agree that the reported measurements must be reviewed within [number] hours of submission, and any issues should be addressed without delay.
Measurement clause with defined measurement intervals
This variation defines the intervals at which measurements will be taken.
All measurements required under this Agreement will be taken at [specific intervals, e.g., weekly, monthly, at project milestones]. Both Parties agree that measurements taken outside of these intervals will be subject to prior written approval.
Measurement clause with inspection of measuring process
This variation allows for inspection of the measurement process.
The Party responsible for taking measurements must allow the other Party to inspect the process at any time. Any discrepancies identified during the inspection must be corrected, and any measurement-related issues must be promptly addressed to prevent delays.
Measurement clause with automated adjustment for environmental conditions
This variation includes automatic adjustments for environmental conditions.
All measurements will automatically adjust to account for environmental conditions, such as temperature, humidity, and pressure, as required. Both Parties agree on the method for environmental adjustments, and any deviations from expected ranges will be addressed promptly.
Measurement clause with interim measurements clause
This variation includes interim measurements during the project.
Interim measurements will be taken periodically throughout the project to monitor progress. These interim measurements will be compared to the final agreed-upon benchmarks, and any significant deviations will prompt immediate action to address the discrepancies.
Measurement clause with dispute resolution for measurement conflicts
This variation includes a dispute resolution process for measurement conflicts.
If there is a conflict regarding the measurements, the Parties agree to resolve the issue through [specified method of dispute resolution, e.g., mediation, arbitration]. The measurements in question will be reviewed by an independent third party, and their findings will be binding on both Parties.
Measurement clause with adjustment for volume variations
This variation accounts for variations in volume measurements.
If measurements involve volumes (e.g., liquid, bulk materials), the Parties agree to allow for variations in volume up to [percentage]%. Any variation beyond this threshold will require corrective action, and the responsible Party must adjust to the specified volume at no extra cost to the other Party.
Measurement clause with frequency adjustment
This variation allows for adjustments in measurement frequency.
The frequency of measurements may be adjusted by mutual written agreement between the Parties. If there are changes to the measurement schedule, both Parties must agree on new intervals and update the Agreement accordingly to reflect the revised measurement timeline.
Measurement clause with third-party oversight
This variation includes third-party oversight for measurements.
All measurements taken under this Agreement will be overseen by an independent third-party auditor. The auditor will verify the accuracy of the measurements, and both Parties agree to abide by the auditor’s findings and recommendations.
Measurement clause with corrective action plan
This variation requires corrective action if discrepancies are found.
If any discrepancies are identified during the measurement process, the responsible Party must implement a corrective action plan within [number] days. Both Parties will review the plan, and the responsible Party will bear the costs of any necessary adjustments or rework.
Measurement clause with retrospective review
This variation includes a retrospective review of measurements.
Both Parties agree to conduct a retrospective review of all measurements taken over the course of the Agreement at the end of each [specified time period, e.g., quarter, year]. The review will help assess the consistency and accuracy of measurements and identify areas for improvement.
Measurement clause with condition-based measurement adjustments
This variation allows measurement adjustments based on specific conditions.
If certain conditions arise (e.g., weather, operational delays), measurements will be adjusted accordingly to account for these factors. Both Parties agree to document the conditions affecting the measurements and adjust the measurement process as necessary.
Measurement clause with validity of previous measurements
This variation addresses the validity of previously recorded measurements.
Any measurements previously recorded under this Agreement remain valid unless either Party provides written notice disputing the measurements within [number] days. If disputed, the measurements will be reviewed and, if necessary, re-taken by a neutral third party.
Measurement clause with digital measurement tools
This variation incorporates the use of digital tools for measurement.
All measurements will be conducted using digital measurement tools, such as [specified software or device]. Both Parties agree that measurements taken using these tools will be automatically recorded and accessible to both Parties for verification and auditing purposes.
Measurement clause with pre-measurement verification
This variation requires verification before measurements are taken.
Before any measurements are taken under this Agreement, the responsible Party must verify the accuracy of their equipment and methods. Both Parties will agree on a pre-measurement verification checklist, and the Party responsible for measurements will bear the cost of verification.
Measurement clause with agreed-upon performance benchmarks
This variation sets benchmarks for performance measurement.
The Parties agree on specific performance benchmarks that will be measured throughout the term of this Agreement. If performance falls below these benchmarks, corrective actions will be discussed, and additional measurements may be required to assess improvement.
Measurement clause with reference to external guidelines
This variation requires adherence to external measurement guidelines.
All measurements under this Agreement will follow the guidelines outlined in [external standard or regulation], such as [name of regulatory body]. Both Parties agree to ensure that all measurement processes comply with the relevant guidelines to ensure consistency and accuracy.
Measurement clause with change order procedure for measurements
This variation includes a change order procedure for altering measurement methods.
Any changes to the measurement methods or standards must be made via a formal change order, approved by both Parties in writing. Once the change order is signed, the updated measurement methods will be followed and documented accordingly.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.