Common use of Contamination Clause in Contracts

Contamination. 8.1 The CARRIER shall ensure that any act or omission on his part or his crew does not contaminate the products entrusted to him by ISRPL in terms of this Agreement. If the products get contaminated due to any reason whatsoever and such contamination is confirmed as per the findings of the Laboratory Test report of ISRPL or any other agency as may be determined by ISRPL, the contaminated product will be disposed off at ISRPL’s discretion. The difference between the cost of the product entrusted to the CARRIER and value recovered from such disposal along with other incidental expenses will be recovered by ISRPL from the CARRIER. 8.2 In case of any rejection of material by the customer on account of suspected contamination, ISRPL would recover the entire cost of such contaminated material, so rejected, from the CARRIER. For such an event, apart from realizing the loss from the CARRIER, ISRPL shall have the option of suspending and blacklisting the vehicle crew / vehicle / CARRIER. 8.3 No transportation charges will be paid by ISRPL for the futile trip during which the product got contaminated / damaged / affected or rejected due to any incident in transit or otherwise and also for the subsequent trip for transportation of the damaged/affected/ adulterated/ contaminated product to a location nominated by ISRPL. 8.4 The provisions herein above will apply mutatis mutandis to cases of contamination of the product for the purposes of suspension of vehicles or termination of this Agreement. 8.5 The CARRIER agrees that in event of there being any failure or neglect on the part of the CARRIER to provide the vehicles or laying off or lack of utilization of the vehicle due to breakdown or any other reason, which may affect the use thereof by ISRPL, ISRPL shall be entitled to claim such damages, loss and expenses and other amounts as ISRPL may have suffered or may suffer on account or by reason of the CARRIER’s delay, neglect or default irrespective of whether or not the Agreement is valid.

Appears in 2 contracts

Samples: Road Transportation Agreement, Road Transportation Agreement

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Contamination. 8.1 8.1.1. The CARRIER shall ensure that any act or omission on his part or his crew does not contaminate the products entrusted to him by ISRPL in terms of this Agreement. If the products get contaminated due to any reason whatsoever and such contamination is confirmed as per the findings of the Laboratory Test report of ISRPL or any other agency as may be determined by ISRPL, the contaminated product will be disposed off at ISRPL’s discretion. The difference between the cost of the product entrusted to the CARRIER and value recovered from such disposal along with other incidental expenses will be recovered by ISRPL from the CARRIER. 8.2 8.1.2. In case of any rejection of material by the customer on account of suspected contamination, Water Seepage etc. ISRPL would recover the entire cost of such contaminated material, so rejected, from the CARRIER. For such an event, apart from realizing the loss from the CARRIER, ISRPL shall have the option of suspending and blacklisting the vehicle crew / vehicle / CARRIER. 8.3 8.1.3. No transportation charges will be paid by ISRPL for the futile trip during which the product got contaminated / damaged / affected or rejected due to any incident in transit or otherwise and also for the subsequent trip for transportation of the damaged/affected/ adulterated/ contaminated product to a location nominated by ISRPL. 8.4 8.1.4. The provisions herein above will apply mutatis mutandis to cases of contamination of the product for the purposes of suspension of vehicles or termination of this Agreement. 8.5 8.1.5. The CARRIER agrees that in event of there being any failure or neglect on the part of the CARRIER to provide the vehicles or laying off or lack of utilization of the vehicle due to breakdown or any other reason, which may affect the use thereof by ISRPL, ISRPL shall be entitled to claim such damages, loss and expenses and other amounts as ISRPL may have suffered or may suffer on account or by reason of the CARRIER’s delay, neglect or default irrespective of whether or not the Agreement is valid.

Appears in 2 contracts

Samples: Transportation Agreement, Transportation Agreement

Contamination. 8.1 8.1.1. The CARRIER shall ensure that any act or omission on his part or his crew does not contaminate the products entrusted to him by ISRPL in terms of this Agreement. If the products get contaminated due to any reason whatsoever and such contamination is confirmed as per the findings of the Laboratory Test report of ISRPL or any other agency as may be determined by ISRPL, the contaminated product will be disposed off at ISRPL’s discretion. The difference between the cost of the product entrusted to the CARRIER and value recovered from such disposal along with other incidental expenses will be recovered by ISRPL from the CARRIER. 8.2 8.1.2. In case of any rejection of material by the customer on account of suspected contamination, Water Seepage etc. ISRPL would recover the entire cost of such contaminated material, so rejected, from the CARRIER. For such an event, apart from realizing the loss from the CARRIER, ISRPL shall have the option of suspending and blacklisting the vehicle crew / vehicle / CARRIER. 8.3 8.1.3. No transportation charges will be paid by ISRPL for the futile trip during which the product got contaminated / damaged / affected or rejected due to any incident in transit or otherwise and also for the subsequent trip for transportation of the damaged/affected/ adulterated/ contaminated product to a location nominated by ISRPL. 8.4 8.1.4. The provisions herein above will apply mutatis mutandis to cases of contamination of the product for the purposes of suspension of vehicles or termination of this Agreement. 8.5 8.1.5. The CARRIER agrees that in event of there being any failure or neglect on the part of the CARRIER to provide the vehicles vehicles/containers or laying off or lack of utilization of the vehicle due to breakdown or any other reason, which may affect the use thereof by ISRPL, ISRPL shall be entitled to claim such damages, loss and expenses and other amounts as ISRPL may have suffered or may suffer on account or by reason of the CARRIER’s delay, neglect or default irrespective of whether or not the Agreement is valid.

Appears in 1 contract

Samples: Transportation Agreement

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Contamination. 8.1 8.1.1. The CARRIER shall ensure that any act or omission on his part or his crew does not contaminate the products entrusted to him by ISRPL in terms of this Agreement. If the products get contaminated due to any reason whatsoever and such contamination is confirmed as per the findings of the Laboratory Test report of ISRPL or any other agency as may be determined by ISRPL, the contaminated product will be disposed off at ISRPL’s discretion. The difference between the cost of the product entrusted to the CARRIER and value recovered from such disposal along with other incidental expenses will be recovered by ISRPL from the CARRIER. 8.2 8.1.2. In case of any rejection of material by the customer on account of suspected contamination, ISRPL would recover the entire cost of such contaminated material, so rejected, from the CARRIER. For such an event, apart from realizing the loss from the CARRIER, ISRPL shall have the option of suspending and blacklisting the vehicle crew / vehicle / CARRIER. 8.3 8.1.3. No transportation charges will be paid by ISRPL for the futile trip during which the product got contaminated / damaged / affected or rejected due to any incident in transit or otherwise and also for the subsequent trip for transportation of the damaged/affected/ adulterated/ contaminated product to a location nominated by ISRPL. 8.4 8.1.4. The provisions herein above will apply mutatis mutandis to cases of contamination of the product for the purposes of suspension of vehicles or termination of this Agreement. 8.5 8.1.5. The CARRIER agrees that in event of there being any failure or neglect on the part of the CARRIER to provide the vehicles or laying off or lack of utilization of the vehicle due to breakdown or any other reason, which may affect the use thereof by ISRPL, ISRPL shall be entitled to claim such damages, loss and expenses and other amounts as ISRPL may have suffered or may suffer on account or by reason of the CARRIER’s delay, neglect or default irrespective of whether or not the Agreement is valid.

Appears in 1 contract

Samples: Transportation Agreement

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