International Oil Trading Company

Material Facts

• The contract was for the sale and delivery of fuel by IOTC to the government at four sites in Iraq.
• The Quantity Determination clause specified the use of temperature compensating meters at the delivery sites as the primary method of measuring the delivered fuel for payment purposes.
• The government did not have temperature compensating meters at any of the four delivery sites during performance of the contract.
• At three delivery sites, the government measured the delivered fuel quantity using meters and manual computation of temperature compensation.
• At the fourth site, the government accepted the loading quantity measurements at Aqaba provided by IOTC.

Parties

Appellant

International Oil Trading Company

Contract Number

SP0600-07-D-0483