Common use of Liability for Grain Acquisition Services Clause in Contracts

Liability for Grain Acquisition Services. (a) The Customer agrees that it is liable for all Grain acquired under Grain Acquisition Services until any service is withdrawn by the Customer in LoadNet® for MarketersTM or by CBH at the Customer’s request. Depending on workload it may take CBH up to 1 Business Day to cease or alter, wholly or in part, CBH’s performance of the Grain Acquisition Services on behalf of the Customer. CBH recommends that the Customer use LoadNet® for MarketersTM to close Grain Acquisition Services where the Customer no longer wishes to acquire Grain or to impose limits if the Customer has financial sensitivity to the quantity of Grain that may potentially be acquired by it. (b) The Customer agrees to indemnify and keep indemnified CBH from all Loss or Damage flowing from the acceptance by Growers of any offer by the Customer by virtue of the Grain Acquisition Services being available at a Site except in the case of Gross Negligence or Wilful Misconduct of CBH, its employees, agents or contractors in the posting, removal or alteration of the terms of the Customer's Grain Acquisition Services. 6 LOADNET® FOR MARKETERSTM SERVICES 6.1 Availability (a) CBH agrees to make LoadNet® for MarketersTM available for Customers to view their stock, load and quality information, transfer Grain to another party, request an outturn of Grain and open or close Grain Acquisition Services. Customers are responsible for ensuring that Grain Acquisition Services are either turned off or have appropriate limits for the Customer’s financial position. (b) Nothing in clause 6.1(a) is a warranty or guarantee by CBH that access to LoadNet® for MarketersTM will be uninterrupted or continuously available. 6.2 Terms and Conditions (a) The Customer agrees to accept the LoadNet® for MarketersTM Terms and Conditions when the Customer uses LoadNet® for MarketersTM. The current LoadNet® for MarketersTM Terms and Conditions are available at xxx.xxx.xxx.xx (b) CBH will notify the Customer if the LoadNet® for MarketersTM Terms and Conditions change prior to the change occurring to ensure that Customer can examine the revised terms before being bound by them. Notice may be made by: (i) Notifying the customer of the revised terms at next log in by the Customer; or (ii) Emailing the Customer’s registered users with details of the revised terms.

Liability for Grain Acquisition Services. (a) The Customer agrees that it is liable for all Grain acquired under Grain Acquisition Services until any service is withdrawn by the Customer in LoadNet® for MarketersTM or by CBH at the Customer’s request. Depending on workload it may take CBH up to 1 Business Day to cease or alter, wholly or in part, CBH’s performance of the Grain Acquisition Services on behalf of the Customer. CBH recommends that the Customer use LoadNet® for MarketersTM to close Grain Acquisition Services where the Customer no longer wishes to acquire Grain or to impose limits if the Customer has financial sensitivity to the quantity of Grain that may potentially be acquired by it. (b) The Customer agrees to indemnify and keep indemnified CBH from all Loss or Damage flowing from the acceptance by Growers of any offer by the Customer by virtue of the Grain Acquisition Services being available at a Site except in the case of Gross Negligence or Wilful Misconduct of CBH, its employees, agents or contractors in the posting, removal or alteration of the terms of the Customer's Grain Acquisition Services. 6 LOADNET® FOR MARKETERSTM SERVICES. 6.1 Availability (a) CBH agrees to make LoadNet® for MarketersTM available for Customers to view their stock, load and quality information, transfer Grain to another party, request an outturn of Grain and open or close Grain Acquisition Services. Customers are responsible for ensuring that Grain Acquisition Services are either turned off or have appropriate limits for the Customer’s financial position. (b) Nothing in clause 6.1(a) is a warranty or guarantee by CBH that access to LoadNet® for MarketersTM will be uninterrupted or continuously available. 6.2 Terms and Conditions (a) The Customer agrees to accept the LoadNet® for MarketersTM Terms and Conditions when the Customer uses LoadNet® for MarketersTM. The current LoadNet® for MarketersTM Terms and Conditions are available at xxx.xxx.xxx.xx (b) CBH will notify the Customer if the LoadNet® for MarketersTM Terms and Conditions change prior to the change occurring to ensure that Customer can examine the revised terms before being bound by them. Notice may be made by: (i) Notifying the customer of the revised terms at next log in by the Customer; or (ii) Emailing the Customer’s registered users with details of the revised terms.

Liability for Grain Acquisition Services. (a) The Customer agrees that it is liable for all Grain acquired under Grain Acquisition Services until any service is withdrawn by the Customer in LoadNet® for MarketersTM or by CBH at the Customer’s request. Depending on workload it may take CBH up to 1 Business Day to cease or alter, wholly or in part, CBH’s performance of the Grain Acquisition Services on behalf of the Customer. CBH recommends that the Customer use LoadNet® for MarketersTM to close Grain Acquisition Services where the Customer no longer wishes to acquire Grain or and/or to impose limits if the Customer has any financial sensitivity to the quantity of Grain that may potentially be acquired by it. (b) The Customer agrees to indemnify and keep indemnified CBH from all Loss or Damage flowing from the acceptance by Growers of any offer by the Customer by virtue of the Grain Acquisition Services being available at a Site except in the case of Gross Negligence or Wilful Misconduct of CBH, its employees, agents or contractors in the posting, removal or alteration of the terms of the Customer's Grain Acquisition Services. 6 LOADNET® FOR MARKETERSTM SERVICES 6.1 Availability (a) CBH agrees to make LoadNet® for MarketersTM available for Customers to view their stock, load and quality information, transfer Grain to another party, request an outturn of Grain and open or close Grain Acquisition Services. Customers are responsible for ensuring that Grain Acquisition Services are either turned off or have appropriate limits for the Customer’s financial position. (b) Nothing in clause 6.1(a) is a warranty or guarantee by CBH that access to LoadNet® for MarketersTM will be uninterrupted or continuously available. 6.2 Terms and Conditions (a) The Customer agrees to accept the LoadNet® for MarketersTM Terms and Conditions when the Customer uses LoadNet® for MarketersTM. The current LoadNet® for MarketersTM Terms and Conditions are available at xxx.xxx.xxx.xx xxx.xxx.xxx.xx. (b) CBH will notify the Customer if the LoadNet® for MarketersTM Terms and Conditions change prior to the change occurring to ensure that Customer can examine the revised terms before being bound by them. Notice may be made by: (i) Notifying the customer of the revised terms at next log in by the Customer; or (ii) Emailing the Customer’s registered users with details of the revised terms.