Common use of Guarantee of Quality Clause in Contracts

Guarantee of Quality. 6.1. The Xxxxxx must ensure that all Commodities will be received and out turned under the GTA standards and will comply with the same GTA receival standards when tested on delivery by an industry compliant testing regime. 6.2. Any costs associated with Commodities not meeting GTA receival standards upon delivery to the end user or port facility save and except where such failure arises from any act, omission or negligence of the Client, will be at the expense of the Xxxxxx and will be invoiced directly to the Xxxxxx or deducted from freight and storage costs owing to the Xxxxxx. 6.3. If there is any doubt as to the quality of testing procedure at either the Xxxxxx'x facility or delivery destination an independent sample will be taken at the delivery destination and will be sent to Australian Superintendence Company (or another Client approved testing agency) who will conduct an independent test of the commodity which will determine if the Commodity is in line with GTA receival standards or if it is non-compliant. If Australian Superintendence Company (or another Client approved testing agency) finds that the Commodity is not compliant with the GTA receival standard that it was received under, provided such failure does not arise from any act, omission or negligence of the Client, the Xxxxxx will be liable for any costs associated with dealing with the distressed load including but not limited to freight, dockage and independent testing. 6.4. The maximum liability of the Xxxxxx howsoever arising (including by way of breach of this Agreement) will be no greater than the value of the storage and handling charges and/or freight that has been paid or is due to be paid by the Client for the portion of the Commodity relevant to such claims. 6.5. In the Xxxxxx’x absolute discretion, the Xxxxxx may reclassify the Client’s Commodity as follows: 6.5.1. malt barley may be reclassified to ‘feed’ where the germinative quality is determined by the Xxxxxx to be less than 95% or as at 1 October each year immediately following the end of the Season in which such Commodity was delivered to the Xxxxxx and on commencement of any subsequent Season. Where reclassification of Commodity comprising malt barley occurs, the Client’s Commodity will be proportionately adjusted to ‘feed’ in the Xxxxxx’x records; and 6.5.2. the grade of carryover for oat and pulse crops (not including Lupins) may be reclassified to ‘feed’ standard as at 1 October each year immediately following the end of the Season in which such Commodity was delivered to the Xxxxxx and any subsequent Season and the Client’s Commodity will be proportionately adjusted to ‘feed’ in the Xxxxxx’x records.

Guarantee of Quality. 6.1. The Xxxxxx must ensure that all Commodities will be received and out turned under the GTA standards and will comply with the same GTA receival standards when tested on delivery by an industry compliant testing regime. 6.2. Any costs associated with Commodities not meeting GTA receival standards upon delivery to the end user or port facility save and except where such failure arises from any act, omission or negligence of the Client, will be at the expense of the Xxxxxx and will be invoiced directly to the Xxxxxx or deducted from freight and storage costs owing to the Xxxxxx. 6.3. If there is any doubt as to the quality of testing procedure at either the Xxxxxx'x facility or delivery destination an independent sample will be taken at the delivery destination and will be sent to Australian Superintendence Company (or another Client approved testing agency) who will conduct an independent test of the commodity which will determine if the Commodity is in line with GTA receival standards or if it is non-compliant. If Australian Superintendence Company (or another Client approved testing agency) finds that the Commodity is not compliant with the GTA receival standard that it was received under, provided such failure does not arise from any act, omission or negligence of the Client, the Xxxxxx will be liable for any costs associated with dealing with the distressed load including but not limited to freight, dockage and independent testing. 6.4. The maximum liability of the Xxxxxx howsoever arising (including by way of breach of this Agreement) will be no greater than the value of the storage and handling charges and/or freight that has been paid or is due to be paid by the Client for the portion of the Commodity relevant to such claims. 6.5. In the Xxxxxx’x absolute discretion, the Xxxxxx may reclassify the Client’s Commodity as follows:Ŷ ƚŚĞ ^ƚŽƌĞƌ͛Ɛ ĂďƐŽůƵƚĞ ĚŝƐĐƌĞƚŝŽŶ͕fo lloƚwsŚ: Ğ ^ƚŽƌ 6.5.1. malt barley may be reclassified to ‘feed’ where the germinative quality is determined by the ŵĂůƚ ďĂƌůĞLJ ŵĂLJ ďĞ ƌĞĐůĂƐivƐe ŝenĨergŝyĞis Ěde terƚmŽine d ͚byĨthĞe XX͛ Xxxxxx to be less than 95% or as at 1 October each year immediately following the end of the Season in which such Commodity was delivered to the Xxxxxx and on commencement of any subsequent Season. Where reclassification of Commodity comprising malt barley occurs, the Client’s Commodity will be proportionately adjusted to ‘feed’ in the Xxxxxx’x records; andůŝĞŶƚ͛Ɛ ŽŵŵŽĚŝƚLJ ǁŝůů ďĞ ƉƌŽƉŽƌƚŝanŽdŶĂƚĞůLJ 6.5.2. the grade of carryover for oat and pulse crops (not including Lupins) may be reclassified to ‘feed’ standard ͚ĨĞstĞanĚda͛rd as at 1 October each year immediately following the end of the Season in which such Commodity was delivered to the Xxxxxx and any subsequent Season and the Client’s Commodity will be proportionately adjusted to ‘feed’ in the Xxxxxx’x records.ƚŚĞ ůŝĞ ŽŵŵŽĚŝƚLJ ǁŝůů ďĞ ƉƌŽƉŽƌƚŝŽŶrĂecoƚrdĞs.ůLJ ĂĚũƵƐƚĞĚ

Guarantee of Quality. 6.1. 6.1 The Xxxxxx must ensure that all Commodities will be received and out turned under the GTA standards and will comply with the same GTA receival standards when tested on delivery by an industry compliant testing regime. 6.2. 6.2 Any costs associated with Commodities not meeting GTA receival standards upon delivery to the end user or port facility save and except where such failure arises from any act, omission or negligence of the Client, will be at the expense of the Xxxxxx and will be invoiced directly to the Xxxxxx or deducted from freight and storage costs owing to the Xxxxxx. 6.3. 6.3 If there is any doubt as to the quality of testing procedure at either the Xxxxxx'x facility Facilities or delivery destination an independent sample will be taken at the delivery destination and will be sent to Australian Superintendence Company (or another Client approved testing agency) who will conduct an independent test of the commodity which will determine if the Commodity is in line with GTA receival standards or if it is non-compliant. If Australian Superintendence Company (or another Client approved testing agency) finds that the Commodity is not compliant with the GTA receival standard that it was received under, provided such failure does not arise from any act, omission or negligence of the Client, the Xxxxxx will be liable for any costs associated with dealing with the distressed load including but not limited to freight, dockage and independent testing. 6.4. 6.4 The maximum liability of the Xxxxxx howsoever arising (including by way of breach of this Agreement) will be no greater than the value of the storage and handling charges and/or freight that has been paid or is due to be paid by the Client for the portion of the Commodity relevant to such claims. 6.5. 6.5 In the Xxxxxx’x absolute discretion, the Xxxxxx may reclassify the Client’s Commodity as follows: 6.5.1. (a) malt barley may be reclassified to ‘feed’ where the germinative quality is determined by the Xxxxxx to be less than 95% or as at 1 October each year immediately following the end of the Season in which such Commodity was delivered to the Xxxxxx and on commencement of any subsequent Season. Where reclassification of Commodity comprising malt barley occurs, the Client’s Commodity will be proportionately adjusted to ‘feed’ in the Xxxxxx’x records; and 6.5.2. (b) the grade of carryover for oat and pulse crops (not including Lupins) may be reclassified to ‘feed’ standard as at 1 October each year immediately following the end of the Season in which such Commodity was delivered to the Xxxxxx and any subsequent Season and the Client’s Commodity will be proportionately adjusted to ‘feed’ in the Xxxxxx’x records.

Guarantee of Quality. 6.1. The Xxxxxx must ensure that all Commodities will be received and out turned under the GTA standards and will comply with the same GTA receival standards when tested on delivery by an industry compliant testing regime. 6.2. Any costs associated with Commodities not meeting GTA receival standards upon delivery to the end user or port facility save and except where such failure arises from any act, omission or negligence of the Client, will be at the expense of the Xxxxxx and will be invoiced directly to the Xxxxxx or deducted from freight and storage costs owing to the Xxxxxx. 6.3. If there is any doubt as to the quality of testing procedure at either the Xxxxxx'x Storer's facility or delivery destination an independent sample will be taken at the delivery destination and will be sent to Australian Superintendence Company (or another Client approved testing agency) who will conduct an independent test of the commodity which will determine if the Commodity is in line with GTA receival standards or if it is non-compliant. If Australian Superintendence Company (or another Client approved testing agency) finds that the Commodity is not compliant with the GTA receival standard that it was received under, provided such failure does not arise from any act, omission or negligence of the Client, the Xxxxxx will be liable for any costs associated with dealing with the distressed load including but not limited to freight, dockage and independent testing. 6.4. The maximum liability of the Xxxxxx howsoever arising (including by way of breach of this Agreement) will be no greater than the value of the storage and handling charges and/or freight that has been paid or is due to be paid by the Client for the portion of the Commodity relevant to such claims. 6.5. In the Xxxxxx’x Storer’s absolute discretion, the Xxxxxx may reclassify the Client’s Commodity as follows: 6.5.1. malt barley may be reclassified to ‘feed’ where the germinative quality is determined by the Xxxxxx to be less than 95% or as at 1 October each year immediately following the end of the Season in which such Commodity was delivered to the Xxxxxx and on commencement of any subsequent Season. Where reclassification of Commodity comprising malt barley occurs, the Client’s Commodity will be proportionately adjusted to ‘feed’ in the Xxxxxx’x Storer’s records; and 6.5.2. the grade of carryover for oat and pulse crops (not including Lupins) may be reclassified to ‘feed’ standard as at 1 October each year immediately following the end of the Season in which such Commodity was delivered to the Xxxxxx and any subsequent Season and the Client’s Commodity will be proportionately adjusted to ‘feed’ in the Xxxxxx’x Storer’s records.