Common use of Failure to comply with the Specifications Clause in Contracts

Failure to comply with the Specifications. (a) If VicForests receives notice from a Buyer that Timber delivered to the Buyer is Off Specification Timber and VicForests is of the opinion that such Timber is Off Specification Timber, or is of the opinion that there is reasonable doubt as to whether such Timber is Off Specification Timber, then VicForests must notify the Contractor that it may inspect such Timber on such terms as VicForests or the Buyer may reasonably impose, and VicForests, acting reasonably, may take into account any feedback provided by the Contractor in making a determination under paragraph (b) below. (b) VicForests may, from time to time, determine that Timber harvested by the Contractor is Off Specification Timber. If it does so determine, it may notify the Contractor that it rejects that Timber (Rejection Notice). (c) If VicForests notifies the Contractor under paragraph (b) above that it rejects any Off Specification Timber: (i) the Off Specification Timber is deemed to be part of the Monthly Quantity and the Annual Supply Level; (ii) unless VicForests determines otherwise, no Rates are payable in respect of the harvesting of the Off Specification Timber; (iii) if VicForests’ Rejection Notice so requires, the Contractor must, at the Contractor’s cost, ensure that within seven days after receiving VicForests’ Rejection Notice the Off Specification Timber is removed from the Delivery Site to which it was delivered and delivered to a location specified by VicForests); (iv) VicForests has the right to invoice the Contractor for costs it incurs in connection with the delivery of Off Specification Timber to Delivery Sites including, but not limited to, reloading charges that are charged to VicForests by the Buyer and haulage of the Off Specification Timber to and from Delivery Sites and (v) VicForests may exercise its rights under clause 14.1.

Failure to comply with the Specifications. (a) If VicForests receives notice from a Buyer that Timber delivered to the Buyer by the Contractor is Off Specification Timber and VicForests is of the opinion that such Timber is Off Specification Timber, or is of the opinion that there is reasonable doubt as to whether such Timber is Off Specification Timber, then VicForests must notify the Contractor that it may inspect such Timber on such terms as VicForests or the Buyer may reasonably impose, and VicForests, acting reasonably, may take into account any feedback provided by the Contractor in making a determination under paragraph (b) below. (b) VicForests may, from time to time, determine that Timber harvested delivered by the Contractor to a Delivery Site is Off Specification Timber and that the Contractor is responsible (or partially responsible) for such Off Specification Timber. If it does so determine, it may notify the Contractor that it rejects that Timber (Rejection Notice). (c) If VicForests notifies the Contractor under paragraph (b) above that it rejects any Off Specification Timber: (i) the Off Specification Timber is deemed to be part of the Monthly Quantity and the Annual Supply Level; (ii) unless VicForests determines otherwise, no Rates are payable in respect of the harvesting haulage of the Off Specification Timber; (iii) if VicForests’ Rejection Notice so requires, the Contractor must, at the Contractor’s cost, ensure that within seven days after receiving VicForests’ Rejection Notice the Off Specification Timber is removed from the Delivery Site to which it was delivered and delivered to a location specified by VicForests)VicForests (even if such Off-Specification Timber was delivered by the Contractor on behalf of an Other Contractor) ; (iv) VicForests has the right to invoice the Contractor for costs it incurs in connection with the delivery of Off Specification Timber to Delivery Sites including, but not limited to, reloading charges that are charged to VicForests by the Buyer and haulage of the Off Specification Timber to and from Delivery Sites (even if such Off-Specification Timber was delivered by the Contractor on behalf of an Other Contractor); and (v) VicForests may exercise its rights under clause 14.112.1.

Failure to comply with the Specifications. (a) If VicForests receives notice from a Buyer that Timber delivered to the Buyer is Off Specification Timber and VicForests is of the opinion that such Timber is Off Specification Timber, or is of the opinion that there is reasonable doubt as evidence to whether suggest that such Timber is Off Specification Timber, then VicForests must notify the Contractor that it the Contractor may inspect such Timber on such terms as VicForests or the Buyer may reasonably impose, and . (b) VicForests, acting reasonably, may take into account any feedback provided by the Contractor in making a determination under paragraph (bc) below. (bc) VicForests may, from time to time, determine that Timber harvested by the Contractor is Off Specification Timber. If it does so determine, it may notify the Contractor that it rejects that Timber (Rejection Notice). (cd) If VicForests notifies the Contractor under paragraph (bc) above that it rejects any Off Specification Timber: (i) the Off Specification Timber is deemed to be part of the Monthly Quantity and the Annual Supply Level; (ii) unless VicForests determines otherwise, no Rates are payable in respect of the harvesting harvest and the haulage of the Off Specification Timber; (iii) if VicForests’ Rejection Notice so requires, the Contractor must, at the Contractor’s cost, ensure that within seven days after receiving VicForests’ Rejection Notice Notice, the Off Specification Timber is removed from the Delivery Site to which it was delivered and delivered to a location specified by VicForestsVicForests (even if such Off Specification Timber was delivered by an Other Contractor);; ; (iv) VicForests has the right to invoice the Contractor for costs it incurs in connection with the delivery of Off Specification Timber to Delivery Sites including, but not limited to, reloading charges that are charged to VicForests by the Buyer and haulage of the Off Specification Timber to and from Delivery Sites Sites(even if such Off Specification Timber was delivered by an Other Contractor); and (v) VicForests may exercise its rights under clause 14.1.

Failure to comply with the Specifications. (a) If VicForests receives notice from a Buyer that Timber Xxxxxx delivered to the Buyer by the Contractor is Off Specification Timber and VicForests is of the opinion that such Timber is Off Specification Timber, or is of the opinion that there is reasonable doubt as to whether such Timber is Off Specification Timber, then VicForests must notify the Contractor that it may inspect such Timber on such terms as VicForests or the Buyer may reasonably impose, and VicForests, acting reasonably, may take into account any feedback provided by the Contractor in making a determination under paragraph (b) below. (b) VicForests may, from time to time, determine that Timber harvested delivered by the Contractor to a Delivery Site is Off Specification Timber and that the Contractor is responsible (or partially responsible) for such Off Specification Timber. If it does so determine, it may notify the Contractor that it rejects that Timber (Rejection Notice). (c) If VicForests notifies the Contractor under paragraph (b) above that it rejects any Off Specification Timber: (i) the Off Specification Timber is deemed to be part of the Monthly Quantity and the Annual Supply Level; (ii) unless VicForests determines otherwise, no Rates are payable in respect of the harvesting haulage of the Off Specification Timber; (iii) if VicForests’ Rejection Notice so requires, the Contractor must, at the Contractor’s cost, ensure that within seven days after receiving VicForests’ Rejection Notice the Off Specification Timber is removed from the Delivery Site to which it was delivered and delivered to a location specified by VicForests)VicForests (even if such Off-Specification Timber was delivered by the Contractor on behalf of an Other Contractor) ; (iv) VicForests has the right to invoice the Contractor for costs it incurs in connection with the delivery of Off Specification Timber to Delivery Sites including, but not limited to, reloading charges that are charged to VicForests by the Buyer and haulage of the Off Specification Timber to and from Delivery Sites (even if such Off-Specification Timber was delivered by the Contractor on behalf of an Other Contractor); and (v) VicForests may exercise its rights under clause 14.112.1.

Failure to comply with the Specifications. (a) If VicForests receives notice from a Buyer that Timber Xxxxxx delivered to the Buyer is Off Specification Timber and VicForests is of the opinion that such Timber is Off Specification Timber, or is of the opinion that there is reasonable doubt as evidence to whether suggest that such Timber is Off Specification Timber, then VicForests must notify the Contractor that it the Contractor may inspect such Timber on such terms as VicForests or the Buyer may reasonably impose, and . (b) VicForests, acting reasonably, may take into account any feedback provided by the Contractor in making a determination under paragraph (bc) below. (bc) VicForests may, from time to time, determine that Timber harvested by the Contractor is Off Specification Timber. If it does so determine, it may notify the Contractor that it rejects that Timber (Rejection Notice). (cd) If VicForests notifies the Contractor under paragraph (bc) above that it rejects any Off Specification Timber: (i) the Off Specification Timber is deemed to be part of the Monthly Quantity and the Annual Supply Level; (ii) unless VicForests determines otherwise, no Rates are payable in respect of the harvesting of the Off Specification Timber; (iii) if VicForests’ Rejection Notice so requires, the Contractor must, at the Contractor’s cost, ensure that within seven days after receiving VicForests’ Rejection Notice Notice, the Off Specification Timber is removed from the Delivery Site to which it was delivered and delivered to a location specified by VicForests); (iv) VicForests has the right to invoice the Contractor for costs it incurs in connection with the delivery of Off Specification Timber to Delivery Sites including, but not limited to, reloading charges that are charged to VicForests by the Buyer and haulage of the Off Specification Timber to and from Delivery Sites Sites; and (v) VicForests may exercise its rights under clause 14.1.

Failure to comply with the Specifications. (a) If VicForests receives notice from a Buyer that Timber delivered to the Buyer is Off Specification Timber and VicForests is of the opinion that such Timber is Off Specification Timber, or is of the opinion that there is reasonable doubt as evidence to whether suggest that such Timber is Off Specification Timber, then VicForests must notify the Contractor that it the Contractor may inspect such Timber on such terms as VicForests or the Buyer may reasonably impose, and . (b) VicForests, acting reasonably, may take into account any feedback provided by the Contractor in making a determination under paragraph (bc) below. (bc) VicForests may, from time to time, determine that Timber harvested by the Contractor is Off Specification Timber. If it does so determine, it may notify the Contractor that it rejects that Timber (Rejection Notice). (cd) If VicForests notifies the Contractor under paragraph (bc) above that it rejects any Off Specification Timber: (i) the Off Specification Timber is deemed to be part of the Monthly Quantity and the Annual Supply Level; (ii) unless VicForests determines otherwise, no Rates are payable in respect of the harvesting of the Off Specification Timber; (iii) if VicForests’ Rejection Notice so requires, the Contractor must, at the Contractor’s cost, ensure that within seven days after receiving VicForests’ Rejection Notice Notice, the Off Specification Timber is removed from the Delivery Site to which it was delivered and delivered to a location specified by VicForests); (iv) VicForests has the right to invoice the Contractor for costs it incurs in connection with the delivery of Off Specification Timber to Delivery Sites including, but not limited to, reloading charges that are charged to VicForests by the Buyer and haulage of the Off Specification Timber to and from Delivery Sites Sites; and (v) VicForests may exercise its rights under clause 14.1.