Fumigation. 7.1. Subject to clause 7.4 of this Schedule 6, where the Grain delivered by a Customer to a Port Terminal Facility has been fumigated prior to delivery, the Customer must provide CBH with a Fumigation Statement detailing all chemicals applied to the Grain prior to delivery at the Port Terminal Facility, in relation to:
(a) all Grain delivered after 1 February in the Season; and
(b) all Grain that is not of the Season.
7.2. Where Grain has been fumigated at the Port Terminal Facility by CBH:
(a) the Customer will pay the Remedial Fumigation Services Fee as set out in the Fees and Charges Schedule for the total capacity of the storage in which the Grain is held (measured in wheat tonnes equivalent); and
(b) CBH shall have no liability for any delays in loading the Customer’s Vessel as a result of the unavailability of the Grain under fumigation.
7.3. CBH shall only provide a Fumigation Statement in relation to any Grain treatment applied by CBH within 3 Business Days of receiving a written request from the Customer. If a statement or certificate is provided by CBH, a charge will apply as per Fees and Charges Schedule.
7.4. CBH may waive compliance with the obligation to provide a Fumigation Statement provided that the Customer makes a declaration in the Direct to Port Delivery Declaration Form in respect of each load of Grain delivered to the Port Terminal Facility.
Fumigation. Lessees agree that if at any time during the term of this Lease Lessor determines that fumigation of the Premises, or the building in which the Premises is a part, is necessary, and that such fumigation requires Lessees to vacate the Premises for a limited amount of time that Lessees shall so vacate the Premises for the period required to complete said fumigation. Lessor shall give not less than seventy-two (72) hours written notice to Lessees of the necessity of fumigation, specifying the time that Lessees are to vacate the Premises, together with the notice required by Civil Code section 1940.8. Additionally, Lessees shall comply with all reasonable demands, with respect to protecting and/or removing their personal property as may be required for the fumigation work. If Lessees are required to vacate pursuant to this paragraph, there shall be no abatement of rent, nor will Lessor be responsible for the cost of temporary housing or relocation cost.
Fumigation. 7.1. Subject to clause 7.4 of this Schedule 4, where the Grain delivered by a Customer to a Port Terminal Facility has been fumigated prior to delivery, the Customer must provide CBH with a Fumigation Statement detailing all chemicals applied to the Grain prior to delivery at the Port Terminal Facility, in relation to:
(a) all Grain delivered after 1 February in the Season; and
(b) all Grain that is not of the Season.
7.2. Where Grain has been fumigated at the Port Terminal Facility by CBH:
Fumigation. Vessels shall be fumigated with an aluminum phosphide preparation in-transit. Commodity supplier shall arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the USDA, FGIS Fumigation Handbook dated July 10, 2020. Fumigation shall be witnessed by FGIS, USDA, and the aluminum phosphide preparation shall be contained in packaging as described in the Fumigation Handbook. Dust retainers shall be used. For Tween-deck/Multi-deck vessels and bulk carriers (including push- mode ITB/ATB), the recirculation method of fumigation shall be used. Tween-deck/Multi-deck vessels are acceptable only when a certified applicator states that the vessel has been inspected and found to be suitable for in-transit fumigation. The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for intransit fumigation shall be for Buyer’s account and time used to count as Laytime.
Fumigation. The goods will be fumigated by the Seller (at the Seller’s cost) and the Seller will certify same. Independent fumigation and/or certification are for Buyer’s account. Any specific fumigation requirements to be declared in Packing Instructions (see Clause 2) and (unless mutually agreed otherwise) shall be at the Buyer’s expense.
Fumigation. Vessels shall be fumigated with an aluminum phosphide preparation in-transit. Commodity supplier shall arrange and pay for in-transit fumigation performed by a certified applicator in accordance with the USDA, FGIS Fumigation Handbook dated July 10, 2020 and any subsequent revision of said handbook and according to the Fumigation Protocols for Bulk Cargo included in the USDA Foreign Agricultural Service (FAS) Notice to the Trade titled “Cargo Fumigation Requirements”, Dated February 16, 2023. Fumigation shall be witnessed by FGIS, USDA, and the aluminum phosphide preparation shall be contained in packaging as described in the Fumigation Handbook. Dust retainers shall be used. For Tween-deck/Multi-deck vessels and bulk carriers (including push-mode ITB/ATB), the recirculation method of fumigation shall be used. Tween-deck/Multi-deck vessels are acceptable only when a certified applicator states that the vessel has been inspected and found to be suitable for in-transit fumigation. The removal and disposal of fumigant sleeves, pipes, dust retainers or other fumigation materials used for intransit fumigation shall be for vessel Owner’s time, risk, and expense.
Fumigation. If the Vessel, prior to or after entering upon this Charter, has docked or docks at any wharf which is not rat-free or stegomyia-free, she shall, before proceeding to a rat-free or stegomyia- free wharf, be fumigated by the Owners at his expense, except that if the Charterer ordered the Vessel to an infected wharf the Charterer shall bear the expense of fumigation. CLEANING: The Owner shall clean the tanks, pipes and pumps of the Vessel to the satisfaction of the Charterer’s Inspector. The Vessel shall not be responsible for any admixture if more than one quality of oil is shipped, nor for leakage, contamination, or deterioration in quality of the cargo unless the admixture, leakage, contamination or deterioration results from (a) seaworthiness existing at the time of loading or at the inception of the voyage which was discoverable by the exercise of due diligence, or (b) error or fault of the servants of the Owner in the loading, care or discharge of the cargo. GENERAL EXCEPTIONS CLAUSE: The Vessel, her Master and Owner shall not, unless otherwise in this Charter expressly provided, be responsible for any loss or damage, or delay or failure in performing hereunder, arising or resulting from:- any act, neglect, default or barratry of the Master, pilots, mariners or other servants of the Owner in the navigation or management of the Vessel; fire, unless caused by the personal design or neglect of the Owner; collision, stranding or peril, danger or accident of the sea or other navigable waters; saving or attempting to save life or property; wastage in weight or bulk, or any other loss or damage arising from inherent defect, quality or vice of the cargo; any act or omission of the Charterer or Owner, shipper or consignee of the cargo, their agents or representatives; insufficiency of packing; insufficiency or inadequacy of marks; explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, equipment or machinery; seaworthiness of the Vessel unless caused by want of due diligence on the part of the Owner to make the Vessel seaworthy or to have her properly manned, equipped and supplied, or from any other cause of whatsoever kind arising without the actual fault or priorities of the Owner. And neither the Vessel nor Master or Owner, nor the Charterer, shall, unless otherwise in this Charter expressly provided, be responsible for any loss or damage or delay or failure in performing hereunder, arising or resulting from: - Act of God; act of wa...
Fumigation. The treatment must be an approved method and must be performed by a certified applicator, UNDER THE SUPERVISION of representative from the U.S. Department of Agriculture or the Michigan Department of Agriculture. The treated trees must be accompanied by Federal Certificate certifying that the trees are eligible for movement under all State/Federal quarantines and regulations. The certificate must be issued by a representative of the U.S. Department of Agriculture or the Michigan Department of Agriculture.
Fumigation. The property is periodically fumigated; however, neither the Homeowner, Property Manager nor the booking agent shall be responsible for the fumigation or removal of insects that may enter the property.
Fumigation. CWL will take reasonable care to inspect shipments but does not undertake liability for costs incurred for fumigation or bark removal. The option of fumigation insurance is provided by CWL for Purchaser’s account.
