Common use of Order Booking by Rail Clause in Contracts

Order Booking by Rail. 8.1.1 The Seller shall make supply of coal at the Delivery Point on ex-colliery siding basis in the Purchaser's transport system. Seller warrants that coal delivered to the Purchaser herein shall be good and marketable and its transport is lawful and that such coal shall be free and clear of any lien, claim demand, security, interest or any title risk to the coal purchased and sold hereunder shall pass from the Seller to the Purchaser at the Delivery Point. However, the Seller has the first lien and charge on the property of the coal supplied to the extent of dues from the Purchaser to the Seller. 8.1.2 The Purchaser shall submit a monthly programme of required quantities for Rail to the Seller as per Seller's procedures in vogue not less than three clear working days before the commencement of the relevant month for the quantity of coal for the given month. The Purchaser while submitting the monthly program in the prescribed proforma of required quantities should invariably enclose a copy of Production Report, or any other documents maintained under State and Central Govt. Rules. Electricity bill, Sales Tax paid receipt, coal consumption, coal stock details as a proof to ensure proper utilization of coal for the corresponding period. Issue of Deliver Order is subject to submission of the above details and any short supply due to non-issue of sale orders by the Seller, due to the reasons as stated above, is at the risk of Purchaser. 8.1.3 For rail despatches, the Seller shall despatch coal in full rake load to the Purchaser on "freight to pay” basis and the Seller shall endeavor to comply with all documentation/formalities laid down by the Indian Railways for charging freight on Train Load Rates basis only. 8.1.4 The Purchaser shall deposit freight value with Railways as per the Seller's rake programme at the respective sidings. In case of failure of the purchaser to pay the freight value with Railways resulting in non-movement of xxxxx to the Purchaser as per the rake programme, the Seller will have right to cancel such sale orders at the risk of the Purchaser.

Order Booking by Rail. 8.1.1 The Seller shall make supply of coal at the Delivery Point on ex-colliery siding basis in the Purchaser's transport system. Seller warrants that coal delivered to the Purchaser herein shall be good and marketable and its transport is lawful and that such coal shall be free and clear of any lien, claim demand, security, interest or any title risk to the coal purchased and sold hereunder shall pass from the Seller to the Purchaser at the Delivery Point. However, the Seller has the first lien and charge on the property of the coal supplied to the extent of dues from the Purchaser to the Seller. 8.1.2 The Purchaser shall submit a monthly programme of required quantities for Rail to the Seller as per Seller's procedures in vogue not less than three clear working days before the commencement of the relevant month for the quantity of coal for the given month. The Purchaser while submitting the monthly program in the prescribed proforma of required quantities should invariably enclose a copy of Production Report, or any other documents maintained under State and Central Govt. Rules. Electricity billxxxx, Sales Tax paid receipt, coal consumption, coal stock details as a proof to ensure proper utilization of coal for the corresponding period. Issue of Deliver Order is subject to submission of the above details and any short supply due to non-issue of sale orders by the Seller, due to the reasons as stated above, is at the risk of Purchaser. 8.1.3 For rail despatches, the Seller shall despatch coal in full rake load to the Purchaser on "freight to pay” basis and the Seller shall endeavor to comply with all documentation/formalities laid down by the Indian Railways for charging freight on Train Load Rates basis only. 8.1.4 The Purchaser shall deposit freight value with Railways as per the Seller's rake programme at the respective sidings. In case of failure of the purchaser to pay the freight value with Railways resulting in non-movement of xxxxx to the Purchaser as per the rake programme, the Seller will have right to cancel such sale orders at the risk of the Purchaser.