Common use of Adjustment of Harvest Rates Post Harvest Clause in Contracts

Adjustment of Harvest Rates Post Harvest. (a) Prior to the Contractor commencing Harvest Services within a Harvest Site, VicForests will advise the Contractor in writing of the Harvest Rates that will apply for the provision of Harvest Services within that Harvest Site having regard to the expected Harvest Site factors listed in Items 6(c) and (d) of Schedule 1. (b) After the completion of Harvest Services for a Harvest Site, VicForests will reconcile the actual Harvest Site factors with the expected Harvest Site factors advised by VicForests under paragraph (a) above. (c) The reconciliation will indicate that the Harvest Rates paid by VicForests for the Harvest Services performed in respect of that Harvest Site were either correct, less than they should have been or more than they should have been. (d) If the reconciliation indicates that the Harvest Rates paid by VicForests for the Harvest Services performed in respect of that Harvest Site were less than they should have been, VicForests shall within 15 days after the end of the month in which the reconciliation is provided to the Contractor, pay the Contractor the difference between the amount that the Contractor was paid for the Harvest Services and the amount that the Contractor should have been paid for the Harvest Services. (e) If the reconciliation indicates that the Harvest Rates paid by VicForests for the Harvest Services performed in respect of that Harvest Site were more than they should have been, the difference between the amount paid by VicForests for the Harvest Services and the amount that should have been paid for the Harvest Services (the Excess) shall, without limiting the generality of clause 22.9, be deducted by VicForests from the Contractor’s subsequent Invoices. The number of Invoices from which the Excess is to be deducted and the amount to be deducted from each Invoice shall be determined by VicForests in its sole discretion, but it may have regard to any reasonable views of the Contractor in this regard. (f) Where the Excess is not able to be deducted by VicForests from the Contractor’s subsequent Invoices (for example, because the Term has expired), the amount of the Excess shall be a debt due and payable by the Contractor to VicForests within 30 days after the reconciliation is provided to the Contractor.

Adjustment of Harvest Rates Post Harvest. (a) Prior to the Contractor commencing Harvest Services within a Harvest Site, VicForests will advise the Contractor in writing of the Harvest Rates that will apply for the provision of Harvest Services within that Harvest Site having regard to the expected Harvest Site factors listed in Items 6(c6(b) and (d6(c) of Schedule 1. (b) After the completion of Harvest Services for a Harvest Site, VicForests will reconcile the actual Harvest Site factors with the expected Harvest Site factors advised by VicForests under paragraph (a) above. (c) The reconciliation will indicate that the Harvest Rates paid by VicForests for the Harvest Services performed in respect of that Harvest Site were either correct, less than they should have been or more than they should have been. (d) If the reconciliation indicates that the Harvest Rates paid by VicForests for the Harvest Services performed in respect of that Harvest Site were less than they should have been, VicForests shall within 15 days after the end of the month in which the reconciliation is provided to the Contractor, pay the Contractor the difference between the amount that the Contractor was paid for the Harvest Services and the amount that the Contractor should have been paid for the Harvest Services. (e) If the reconciliation indicates that the Harvest Rates paid by VicForests for the Harvest Services performed in respect of that Harvest Site were more than they should have been, the difference between the amount paid by VicForests for the Harvest Services and the amount that should have been paid for the Harvest Services (the Excess) shall, without limiting the generality of clause 22.9, be deducted by VicForests from the Contractor’s subsequent Invoices. The number of Invoices from which the Excess is to be deducted and the amount to be deducted from each Invoice shall be determined by VicForests in its sole discretion, but it may have regard to any reasonable views of the Contractor in this regard. (f) Where the Excess is not able to be deducted by VicForests from the Contractor’s subsequent Invoices (for example, because the Term has expired), the amount of the Excess shall be a debt due and payable by the Contractor to VicForests within 30 days after the reconciliation is provided to the Contractor.

Adjustment of Harvest Rates Post Harvest. (a) Prior to the Contractor commencing Harvest Services within a Harvest Site, VicForests will advise the Contractor in writing of the Harvest Rates that will apply for the provision of Harvest Services within that Harvest Site having regard to the expected Harvest Site factors listed in Items 6(cItem 6(b) and (d6(c) of Schedule 1. (b) After the completion of Harvest Services for a Harvest Site, VicForests will reconcile the actual Harvest Site factors with the expected Harvest Site factors advised by VicForests under paragraph (a) above. (c) The reconciliation will indicate that the Harvest Rates paid by VicForests for the Harvest Services performed in respect of that Harvest Site were either correct, less than they should have been or more than they should have been. (d) If the reconciliation indicates that the Harvest Rates paid by VicForests for the Harvest Services performed in respect of that Harvest Site were less than they should have been, VicForests shall within 15 days after the end of the month in which the reconciliation is provided to the Contractor, pay the Contractor the difference between the amount that the Contractor was paid for the Harvest Services and the amount that the Contractor should have been paid for the Harvest Services. (e) If the reconciliation indicates that the Harvest Rates paid by VicForests for the Harvest Services performed in respect of that Harvest Site were more than they should have been, the difference between the amount paid by VicForests for the Harvest Services and the amount that should have been paid for the Harvest Services (the Excess) shall, without limiting the generality of clause 22.9, be deducted by VicForests from the Contractor’s subsequent Invoices. The number of Invoices from which the Excess is to be deducted and the amount to be deducted from each Invoice shall be determined by VicForests in its sole discretion, discretion but it may have regard to any reasonable views of the Contractor in this regard. (f) Where the Excess is not able to be deducted by VicForests from the Contractor’s subsequent Invoices (for example, because the Term has expired), the amount of the Excess shall be a debt due and payable by the Contractor to VicForests within 30 days after the reconciliation is provided to the Contractor.