Common use of Differences in Outturn Tonnage and Client's Entitlement Clause in Contracts

Differences in Outturn Tonnage and Client's Entitlement. (a) If the Outturn Tonnage (either via vessel or road) for a Consignment (after accounting for the Shrinkage Allowance) is more than the Receival Tonnage, then the Client must (as QBT requires): (i) pay to QBT the fair market price at the time of Outturning for the excess amount of Product Outturned; or (ii) replace the excess Product Outturned with Product of the same type and Grade. (b) If the Outturn Tonnage (either via vessel or road) for a Consignment (after accounting for the Shrinkage Allowance) is less than the Receival Tonnage, then QBT will (at its discretion): (i) make available to the Client for Outturning an additional amount of Product equivalent to the shortfall of the same type and Grade; or (ii) pay to the Client the fair market price at the time of Outturning for the Product not received, having regard to its type and Grade. (c) If at any time the Client’s Entitlement to the Stored Product of a particular type and grade is less than one tonne, the Client’s Entitlement to that Stored Product will be deemed to have no value and neither party will have any liability to the other in respect of it.

Differences in Outturn Tonnage and Client's Entitlement. (a) If the Outturn Tonnage (either via vessel or road) for a Consignment (after accounting for the Shrinkage Allowance) is more than the Receival Tonnage, then the Client must (as QBT requires): (i) pay to QBT the fair market price at the time of Outturning Out turning for the excess amount of Product Outturned; or (ii) replace the excess Product Outturned with Product of the same type and Grade. (b) If the Outturn Tonnage (either via vessel or road) for a Consignment (after accounting for the Shrinkage Allowance) is less than the Receival Tonnage, then QBT will (at its discretion): (i) make available to the Client for Outturning an additional amount of Product equivalent to the shortfall of the same type and Grade; or (ii) pay to the Client the fair market price at the time of Outturning for the Product not received, having regard to its type and Grade. (c) If at any time the Client’s Entitlement to the Stored any Product of a particular type and grade is less than one tonne, the Client’s Entitlement to that Stored Product will be deemed to have no value and neither party will have any liability to the other in respect of it.