Checkscaling Sample Clauses

Checkscaling. If either party disputes the result of a scaling of a Parcel conducted under Section 8.12, it may cause a checkscaling to occur in accordance with the following provisions, the result of which will be binding on the parties and not subject to arbitration hereunder: (a) such party (the “Disputing Party”) will notify the other party, before the Parcel is broken down or dewatered, of its intention to cause a checkscaling, and will name one independent, licensed scaler to perform the checkscaling; (b) within 2 Business Days after the date of receipt of such notice, the other party will, by notice to the Disputing Party, name one independent, licensed scaler to also perform a checkscaling, failing which the checkscaling will be performed by the scaler named by the Disputing Party; (c) each party will take all reasonable steps to ensure that the checkscaling is carried out in a prompt and efficient manner; (d) each party may inspect the Parcel before breakdown or dewatering to determine if losses occurred during transportation or handling as well as inspect checkscaling and log handling practices; (e) any logs not conforming to the Pulplog Specifications will be deemed to have no value for the purposes of determining a value with reference to a checkscale; (f) if the value determined with reference to any checkscale (the average of the two checkscales or, if only one scaler was named, the result of the single checkscale) does not differ by more than 3% of the value determined with reference to the original scale, excluding boomsticks and gear in both cases, no adjustment will be made and all expenses incurred relating to the checkscale, including towing, handling and scaling, will be paid by the Disputing Party; (g) if Subsection 8.13(f) does not apply, the value determined with reference to the original scale will be adjusted to equal the average of the two checkscales or, if only one scaler was named, to equal the single checkscale, and the checkscale expenses described in Subsection 8.13(f) will be shared equally by the parties.
Sample 1
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