Common use of During Delivery Clause in Contracts

During Delivery. (a) Upon arrival of each truck load containing the Customer’s Bulk Wheat, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) The grade, variety and other characteristics of the Bulk Wheat delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) Following completion of the steps outlined in clauses 5.3 (c) and (d) above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial fumigation following delivery of contaminated grain shall be by means of cylinderised phosphine and the Customer shall pay the Remedial Fumigation charges prescribed in the Fees and Charges Schedule.

Appears in 4 contracts

Samples: Port Terminal Services Agreement, Port Terminal Services Agreement, Port Terminal Services Agreement

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During Delivery. (a) Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) The grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) Following completion of the steps outlined in clauses 5.3 (c) and (d) above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial fumigation following delivery of contaminated grain shall be by means of cylinderised phosphine and the Customer shall pay the Remedial Fumigation charges prescribed in the Fees and Charges Schedule.

Appears in 2 contracts

Samples: Port Terminal Services Agreement, Port Terminal Services Agreement

During Delivery. (a) 2.1 Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facilityagreed Site. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-non- compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facilityagreed Site. (b) 2.2 The indicative grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) 2.3 If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities Sites until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) 2.4 Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) 2.5 If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities Sites until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) 2.6 Following completion of the steps outlined in clauses 5.3 (c) 2.3 and (d) 2.4 above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 1 of this Schedule 4 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial 2.7 Any remedial fumigation required following delivery of contaminated grain shall be performed by means of cylinderised phosphine CBH and the Customer shall pay the Remedial Fumigation charges Service Fee as prescribed in the Fees and Charges Schedule. 2.8 All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion. 2.9 All road vehicles delivering Grain to a Site must be registered with CBH and CBH is not obliged to receive Grain from a road vehicle in excess of its relevant mass limits whether prescribed by law, or amended by HMMS or any other relevant scheme.

Appears in 2 contracts

Samples: Grain Services Agreement, Grain Services Agreement

During Delivery. (a) 3.1. Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) 3.2. The indicative grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) 3.3. If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) 3.4. Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) 3.5. If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) 3.6. Following completion of the steps outlined in clauses 5.3 (c) 3.3 and (d) 3.4 above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 2 of this Schedule 4 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial 3.7. Any remedial fumigation following delivery of contaminated grain shall be by means of cylinderised phosphine and the Customer shall pay the Remedial Fumigation charges Service Fee as prescribed in the Fees and Charges Schedule. 3.8. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion, acting in accordance with this Agreement and the Port Terminal Rules. 3.9. If deliveries are made by road from a farm during the Harvest Shipping Period (or such other period as published by Main Roads WA), all loads must comply with the requirements of the Harvest Mass Management Scheme in force for the relevant Year. 3.10. All road vehicles delivering Grain to a Port must be registered with CBH and the Port Operator is not obliged to receive Grain from a road vehicle in excess of its relevant mass limits whether prescribed by law, or amended by HMMS or any other relevant scheme.

Appears in 2 contracts

Samples: Port Terminal Services Agreement, Port Terminal Services Agreement

During Delivery. (a) 4.1. Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) 4.2. The indicative grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) 4.3. If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) 4.4. Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) 4.5. If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) 4.6. Following completion of the steps outlined in clauses 5.3 (c) 4.3 and (d) 4.4 above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 3 of this Schedule 7 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial 4.7. Any remedial fumigation following delivery of contaminated grain shall be by means of cylinderised phosphine and the Customer shall pay the Remedial Fumigation charges Service Fee as prescribed in the Fees and Charges Schedule. 4.8. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion, acting in accordance with this Agreement and the Port Terminal Rules. 4.9. If deliveries are made by road from a farm during the Harvest Shipping Period (or such other period as published by Main Roads WA), all loads must comply with the requirements of the HMMS in force for the relevant Season. 4.10. All road vehicles delivering Grain to a Port must be registered with CBH and the Port Operator is not obliged to receive Grain from a road vehicle in excess of its relevant mass limits whether prescribed by law, or amended by the HMMS or any other relevant scheme.

Appears in 2 contracts

Samples: Port Terminal Services Agreement, Port Terminal Services Agreement

During Delivery. (a) 3.1. Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) 3.2. The indicative grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) 3.3. If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) 3.4. Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) 3.5. If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) 3.6. Following completion of the steps outlined in clauses 5.3 (c) 3.3 and (d) 3.4 above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 2 of this Schedule 4 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial 3.7. Any remedial fumigation following delivery of contaminated grain shall be by means of cylinderised phosphine and the Customer shall pay the Remedial Fumigation charges Service Fee as prescribed in the Fees and Charges Schedule. 3.8. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion, acting in accordance with this Agreement and the Port Terminal Rules. 3.9. If deliveries are made by road from a farm during the Harvest Shipping Period (or such other period as published by Main Roads WA), all loads must comply with the requirements of the Harvest Mass Management Scheme in force for the relevant Season. 3.10. All road vehicles delivering Grain to a Port must be registered with CBH and the Port Operator is not obliged to receive Grain from a road vehicle in excess of its relevant mass limits whether prescribed by law or amended by HMMS or any other relevant scheme.

Appears in 2 contracts

Samples: Port Terminal Services Agreement, Port Terminal Services Agreement

During Delivery. (a) 4.1. Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) 4.2. The indicative grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) 4.3. If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) 4.4. Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) 4.5. If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) 4.6. Following completion of the steps outlined in clauses 5.3 (c) 4.3 and (d) 4.4 above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 3 of this Schedule 7 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial 4.7. Any remedial fumigation following delivery of contaminated grain shall be by means of cylinderised phosphine and the Customer shall pay the Remedial Fumigation charges Service Fee as prescribed in the Fees and Charges Schedule. 4.8. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion, acting in accordance with this Agreement and the Port Terminal Rules. 4.9. If deliveries are made by road from a farm during the Harvest Shipping Period (or such other period as published by Main Roads WA), all loads must comply with the requirements of the HMMS in force for the relevant Year. 4.10. All road vehicles delivering Grain to a Port must be registered with CBH and the Port Operator is not obliged to receive Grain from a road vehicle in excess of its relevant mass limits whether prescribed by law, or amended by the HMMS or any other relevant scheme.

Appears in 2 contracts

Samples: Port Terminal Services Agreement, Port Terminal Services Agreement

During Delivery. (a) Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid vaild permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) The grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity for any reason the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contaminationcontamination. Alternatively, If the Customer may request CBH Contaminant is manageable and capable of being removed by treatment prior to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) Following completion of the steps outlined in clauses 5.3 (c) and (d) above, delivery then the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 confirming the absence of contamination, for testing prior to recommencing delivery. (gd) Remedial fumigation following delivery All Grain delivered into the CBH Port Terminal Facility will be received into a segregated stack. (e) CBH shall segregate grain into Stack Segregations notified by the Customer, subject to clause 5.3 (f). (f) CBH shall not be required to: (i) provide multiple Stack Segregations of contaminated less than 5000 tonnes per Stack Segregation; (ii) test grain shall be for grade prior to delivery; (iii) warrant or promise that grain in any Stack Segregation meets any grade specification; (iv) provide multiple Stack Segregations by means of cylinderised phosphine and grade if, at the Customer shall pay the Remedial Fumigation charges prescribed relevant time, there is insufficient storage capacity in the Fees and Charges Schedulerelevant Port Terminal Facilities to provide multiple Stack Segregations without: (A) substantially reducing the efficient use of the Port Terminal Facility; or (B) adversely affecting the existing cargo accumulation or loading plans for other users of the Port Terminal Facility.

Appears in 1 contract

Samples: Port Terminal Services Agreement

During Delivery. (a) Upon arrival of each truck load containing the Customer’s Bulk WheatWheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) The grade, variety and other characteristics of the Bulk Wheat WheatGrain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat WheatGrain declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) Following completion of the steps outlined in clauses 5.3 (c) and (d) above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial fumigation following delivery of contaminated grain shall be by means of cylinderised phosphine and the Customer shall pay the Remedial Fumigation charges prescribed in the Fees and Charges Schedule.

Appears in 1 contract

Samples: Port Terminal Services Agreement

During Delivery. (a) Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facilityagreed Site. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-non- compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) agreed Site. The indicative grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 Xxxxx 0 Xxxxxxxxxxxx, Xxxxx 0 Contaminants or Level 2 3 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) . If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities Sites until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) . Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) . If a load is found to be contaminated with a Level 2 Contaminant or Level 3 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities Sites until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) . Following completion of the steps outlined in clauses 5.3 (c) 2.3 and (d) 2.4 above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 1 of this Schedule 4 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial . Any remedial fumigation required following delivery of contaminated grain shall be performed by means of cylinderised phosphine CBH and the Customer shall pay the Remedial Fumigation charges Service Fee as prescribed in the Fees and Charges Schedule. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion. All road vehicles delivering Grain to a Site must be registered with CBH and CBH is not obliged to receive Grain from a road vehicle in excess of its relevant mass limits whether prescribed by law, or amended by HMMS or any other relevant scheme. CBH will sample Grain offered for Delivery in accordance with its standard sampling procedures from time to time and, subject to clause 4 of this Schedule 4 (“Receival Quality Disputes”), You agree to be bound by the results of those sampling procedures.

Appears in 1 contract

Samples: Grain Services Agreement

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During Delivery. (a) Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facilityagreed Site. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-non- compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) agreed Site. The indicative grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 Contaminants, Level 2 Contaminants or Level 2 3 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) . If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities Sites until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) . Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) . If a load is found to be contaminated with a Level 2 Contaminant or Level 3 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities Sites until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) . Following completion of the steps outlined in clauses 5.3 (c) 2.3 and (d) 2.4 above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 1 of this Schedule 4 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial . Any remedial fumigation required following delivery of contaminated grain shall be performed by means of cylinderised phosphine CBH and the Customer shall pay the Remedial Fumigation charges Service Fee as prescribed in the Fees and Charges Schedule. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion. All road vehicles delivering Grain to a Site must be registered with CBH and CBH is not obliged to receive Grain from a road vehicle in excess of its relevant mass limits whether prescribed by law, or amended by HMMS or any other relevant scheme. CBH will sample Grain offered for Delivery in accordance with its standard sampling procedures from time to time and, subject to clause 4 of this Schedule 4 (“Receival Quality Disputes”), You agree to be bound by the results of those sampling procedures.

Appears in 1 contract

Samples: Grain Services Agreement

During Delivery. (a) Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facilityagreed Site. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-non- compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) agreed Site. The indicative grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 Contaminants, Level 2 Contaminants or Level 2 3 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) . If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities Sites until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) . Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) . If a load is found to be contaminated with a Level 2 Contaminant or Level 3 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities Sites until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) . Following completion of the steps outlined in clauses 5.3 (c) 2.3 and (d) 2.4 above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 1 of this Schedule 4 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial . Any remedial fumigation required following delivery of contaminated grain shall be performed by means of cylinderised phosphine CBH and the Customer shall pay the Remedial Fumigation charges Service Fee as prescribed in the Fees and Charges Schedule. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion. All road vehicles delivering Grain to a Site must be registered with CBH and CBH is not obliged to receive Grain from a road vehicle in excess of its relevant mass limits whether prescribed by law, or amended by HMMS, AMMS or any other relevant scheme. CBH will sample Grain offered for Delivery in accordance with its standard sampling procedures from time to time and, subject to clause 4 of this Schedule 4 (“Receival Quality Disputes”), You agree to be bound by the results of those sampling procedures.

Appears in 1 contract

Samples: Grain Services Agreement

During Delivery. (a) Upon arrival of each truck load containing the Customer’s Bulk WheatGrain, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) The indicative grade, variety and other characteristics of the Bulk Wheat Grain delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat Grain declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s cost for independent expert verification that there is no further risk of Contamination. (d) Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) Following completion of the steps outlined in clauses 5.3 (c5.3(c) and (d5.3(d) above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial fumigation following delivery of contaminated grain shall be by means of cylinderised phosphine and the Customer shall pay the Remedial Fumigation charges prescribed in the Fees and Charges Schedule.

Appears in 1 contract

Samples: Port Terminal Services Agreement

During Delivery. (a) Upon arrival of each truck load containing the Customer’s Customer‟s Bulk Wheat, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) The grade, variety and other characteristics of the Bulk Wheat delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery. (c) If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s Customer‟s cost for independent expert verification that there is no further risk of Contamination. (d) Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) Following completion of the steps outlined in clauses 5.3 (c) and (d) above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial fumigation following delivery of contaminated grain shall be by means of cylinderised phosphine and the Customer shall pay the Remedial Fumigation charges prescribed in the Fees and Charges ScheduleSchedule 1.

Appears in 1 contract

Samples: Port Terminal Services Agreement

During Delivery. (a) Upon arrival of each truck load containing the Customer’s Customer‟s Bulk Wheat, CBH staff will assess the VRL of the truck delivering loads to the Port Terminal Facility. Each truck is to have a valid permit to meet the presented combination and the gross weight tendered. Unloading of non-compliant vehicles will be refused and those vehicles will be required to leave the Port Terminal Facility. (b) The grade, variety and other characteristics of the Bulk Wheat delivered are to be declared in writing by the Customer by no later than the time of delivery and CBH takes no responsibility for the accuracy, completeness or veracity of the information relating to the Bulk Wheat declared by the Customer. If the load is found to be contaminated with Level 1 or Level 2 Contaminants or showing signs of insect infestation or activity the load will be rejected. CBH shall advise the Customer or nominated representative of the rejection as soon as practicable and in any event before the end of the day following the day of delivery.. CBH_DMS_PROD-#946542-v6C:\Documents and Settings\36491\Application (c) If a load is found to be contaminated with a Level 1 Contaminant, the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence in the form of independent expert verification that there is no further risk of Contamination. Alternatively, the Customer may request CBH to arrange at the Customer’s Customer‟s cost for independent expert verification that there is no further risk of Contamination. (d) Independent expert verification may involve identifying the source site of contamination and the taking of steps by the Customer to ensure that the source site of contamination is not the source site for any future deliveries or that the Customer takes remedial action to ensure that the contaminant has been effectively removed from the source site of contamination. (e) If a load is found to be contaminated with a Level 2 Contaminant the Customer will not be permitted to deliver that load or any additional load to CBH Port Terminal Facilities until the Customer has provided CBH with evidence that the Customer has taken remedial action to ensure that the contaminant has been effectively removed. (f) Following completion of the steps outlined in clauses 5.3 (c) and (d) above, the Customer must produce a new representative sample from the source site of the contamination and complete the processes specified under clause 5.2 confirming the absence of contamination, prior to recommencing delivery. (g) Remedial fumigation following delivery of contaminated grain shall be by means of cylinderised phosphine and the Customer shall pay the Remedial Fumigation charges prescribed in the Fees and Charges ScheduleSchedule 1.

Appears in 1 contract

Samples: Port Terminal Services Agreement

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