Common use of Liability for Shortfall Clause in Contracts

Liability for Shortfall. (a) Subject always to clauses 25.1(b), 25.1(d), and 25.8, CBH will be responsible and liable for any shortfall if it cannot Outturn the Customer’s Grain Entitlement for the relevant Grade and season of grain. (b) CBH’s liability for a shortfall in Grain Entitlement pursuant to clause 25.1(a) will only extend: (i) (in the case of a shortfall in quantity), at the election of CBH, to either the: A. provision of sufficient grain of the same type, variety and Grade from any Site to ensure the Customer’s Grain Entitlement is not diminished; or B. provision of financial compensation for the value of the Grain shortfall to be determined at the Fair Market Price for such Grain; (ii) (in the case of shortfall in Grade): A. if the Grain has not been Outturned, at the election of CBH, to either: I offer the Customer lower Grade grain together with the provision of financial compensation for the difference in Fair Market Price between the relevant lower Grade grain and the equivalent Grade grain to which the Customer was entitled ; or II the provision of financial compensation for the value of the Grain shortfall to be determined at the Fair Market Price for such Grain; B. subject to clause 25.1(c), if the Grain has been Outturned, at the election of CBH, to either the: I replacement of the relevant Outturned grain with grain of the same type, variety and Grade to the Customer’s Grain Entitlement; or II provision of financial compensation for the difference in Fair Market Price between the relevant Outturned grain and the equivalent Grade grain to which the Customer was entitled; or (iii) For the avoidance of doubt, there is no shortfall in the Customer’s Grain Entitlement if CBH is able to provide sufficient grain of the same type, variety and Grade from any Site to ensure that the Customer’s Grain Entitlement is not diminished. (c) Unless the Customer notifies CBH within 72 hours of Outturn of Grain of any shortfall in quality or contamination CBH shall be deemed to have complied with its Outturn obligation. (d) The Customer will not be entitled to any Loss or Damage or to enforce any remedy in the event of a shortfall in Grain Entitlement caused by an event of Force Majeure or any removal or reclassification under clause 24.3.

Liability for Shortfall. (a) Subject always to clauses 25.1(b), 25.1(d), and 25.8, CBH will be responsible and liable for any shortfall if it cannot Outturn the Customer’s Grain Entitlement for the relevant Grade and season of grain. (b) CBH’s liability for a shortfall in Grain Entitlement pursuant to clause 25.1(a) will only extend: (i) (in the case of a shortfall in quantity), at the election of CBH, to either the: A. (A) provision of sufficient grain of the same type, variety and Grade from any Site to ensure the Customer’s Grain Entitlement is not diminished; or B. (B) provision of financial compensation for the value of the Grain shortfall to be determined at the Fair Market Price for such Grain; (ii) (in the case of shortfall in Grade): A. (A) if the Grain has not been Outturned, at the election of CBH, to either: I offer the Customer lower Grade grain together with the provision of financial compensation for the difference in Fair Market Price between the relevant lower Grade grain and the equivalent Grade grain to which the Customer was entitled ; or II the provision of financial compensation for the value of the Grain shortfall to be determined at the Fair Market Price for such Grain; B. (B) subject to clause 25.1(c), if the Grain has been Outturned, at the election of CBH, to either the: I replacement of the relevant Outturned grain with grain of the same type, variety and Grade to the Customer’s Grain Entitlement; or II provision of financial compensation for the difference in Fair Market Price between the relevant Outturned grain and the equivalent Grade grain to which the Customer was entitled; or (iii) For the avoidance of doubt, there is no shortfall in the Customer’s Grain Entitlement if CBH is able to provide sufficient grain of the same type, variety and Grade from any Site to ensure that the Customer’s Grain Entitlement is not diminished. (c) Unless the Customer notifies CBH within 72 hours of Outturn of Grain of any shortfall in quality or contamination CBH shall be deemed to have complied with its Outturn obligation. (d) The Customer will not be entitled to any Loss or Damage or to enforce any remedy in the event of a shortfall in Grain Entitlement caused by an event of Force Majeure or any removal or reclassification under clause 24.3Majeure.