Outturn. 9.1 To remove the Commodity from storage the Client must give the Xxxxxx five (5) business days’ notice in advance, in writing, as to when the Commodity, including quantity, grade, name of transport provider and the estimated time of arrival of the transport service provider. The Xxxxxx will confirm acceptance or rejection of order, taking into account Clause 9.2
9.2 The Xxxxxx will outturn the Commodity, which as a minimum, meet the receival standards that apply in relation to the Commodity to be outturned. Weight and Quality final upon outturn.
9.3 If the actual tonnage outturned to the Client exceeds the Clients outturn entitlement, the Client must either pay the Xxxxxx for the excess at the Washout Price or replace the shortfall by using other grades as negotiated and agreed with the Xxxxxx.
9.4 If the actual tonnage outturned to the Client is less than the Clients outturn entitlement, the Xxxxxx may, at its discretion, either replace the physical shortfall in the Clients outturn entitlement or pay the Client for the deficiency in the outturn entitlement at the Washout Price.
9.5 For the purpose of Clauses 9.3 & 9.4, “Washout Price” for the Client grain, unless otherwise agreed, a spot price determined (average of three independent brokers) on the day that the Client is advised of the variation.
9.6 Outturning during peak harvest periods may be limited and by agreement only.
9.7 Transport providers may be subject to load time slotting during peak outturn periods, at the discretion and management of the Xxxxxx.
Outturn. 9.1 Prior to removing the commodity from storage, the Warehouser must give the Xxxxxx not less than 2 (two) working days’ prior notice in advance, in writing, as to when the commodity will be removed and the carrier details including contact information.
9.2 If the Warehouser has not requested outturn by close of business 2 (two) working days prior to the expected outturn date, the Xxxxxx is not obliged to outturn the commodity.
9.3 The Warehouser acknowledges that the Xxxxxx must apply treatments to commodity stored under warehouse in the Xxxxxx’x system in accordance with its treatment regime and that during the course of such treatments, the commodity will not be available for outturn.
9.4 Risk in the commodity passes from the Xxxxxx to the Warehouser as soon as the Warehouser’s carrier commences loading of the Commodity.
Outturn. (a) Despite anything else in this Agreement, Viterra may refuse to accept an Outturn request or nomination (or place conditions on acceptance of an Outturn request or nomination) for all or any portion of the Outturn Entitlement if, in Viterra’s reasonable opinion, the Outturn:
(i) may contravene or may otherwise be aimed at circumventing any laws (including any prohibitions or restrictions by domestic or foreign laws, regulations or policies, quarantine or custom restrictions or prohibitions on export); or
(ii) could be detrimental to the Grain industry in general.
(b) Viterra is not liable for any loss, cost, damage or expense (including Indirect or Consequential Loss) caused as a result of a rejection of an Outturn request or nomination.
Outturn. EMERALD will outturn the Commodity in accordance with the Outturn Protocol published on its website. EMERALD will, subject to these terms and conditions and considerations of quality, hygiene, safety, efficiency, practicality and its treatment regime, exercise its best endeavours to outturn at the time and in the manner requested by the Warehouser. The Warehouser must use reasonable endeavours to outturn the Outturn Entitlement, in full, before the “Outturn Date”, which is the next 30th September following Receival of the Commodity. Notwithstanding any other provision of these terms and conditions, EMERALD has the right to transfer the Outturn Entitlement in respect of the current season Commodity to an EMERALD site other than the EMERALD site at which Receival was provided and, where appropriate, impose a freight differential charge, provided that (other than for the movements specified under “Movements” below) in EMERALD’s reasonable opinion the Warehouser is not significantly disadvantaged overall by the change of EMERALD site. Special arrangements or restrictions may apply to outturn from some EMERALD sites. Details of these arrangements or restrictions are available at each relevant EMERALD site. A minimum 2 (two) working days’ notice applies for Outturn and minimum tonnage requirements (or otherwise charges) may also apply across all EMERALD sites. Warehousers may only outturn Commodity on the days and times reasonably specified by EMERALD or as varied by EMERALD from time to time. Information relating to outturn times and days is available from the Head Office or the Site Manager at all EMERALD sites. The Warehouser acknowledges that EMERALD must apply treatments to Commodity stored under warehouse in the EMERALD system (EMERALD does so in accordance with its treatment regime) and that during the course of such treatments, the Commodity will not be available for outturn. It is the responsibility of the Warehouser to ensure Commodity is available for outturn by monitoring the site availability status on EMERALD’s website or by contacting Head Office or the Site Manager at the relevant EMERALD site. Outturn charges as outlined in Schedule 2 will be payable by the Warehouser in accordance with these terms and conditions when the Commodity is outturned.
Outturn. 6.1 POPL undertakes to Outturn Grain in accordance with the POPL Protocols and Rules (available via the link in Annexure 1), and the Cargo Accumulation Plan.
6.2 The Customer will at any time be entitled to the Outturn of the quantity of Grain of the type and Grade equivalent to the quantity of Customer Grain Delivered and Stored by POPL at the Facility (Outturn Entitlement). As indicated in Clause 5.5, POPL will keep the Customer’s Grain separate from Other Customer’s Grain (i.e., it will not be commingled).
6.3 As the Customer is responsible for the weighing or checking the quantity of grain being Delivered to the facility, POPL cannot be held accountable for any stock shortfall or gain of the Customer’s Stored Grain and therefore does not apply any shrinkage to such Grain.
6.4 Prior to loading the Customer’s Grain onto a Vessel, the Customer must provide POPL with written authority as outlined in the POPL Protocols.
6.5 Vessel loading will be subject to local operating arrangements, legislative and regulatory requirements and compliance, availability of road transport, fumigation requirements and periods of non-access and prevailing weather conditions.
6.6 POPL will, at the Customer’s cost, appoint an external stevedore (Xxxxxxxxx) to be responsible for final vessel hold trimming to maximise, and to ensure the safe stowage of Grain in the Vessel holds and for the direction of POPL in the flow of the Grain from the Ship Loading Equipment (Stevedoring Services).
6.7 Any other services required by the Customer not included in the Stevedoring Services identified in Clause 6.6 (and which are not the responsibility of POPL under this Agreement), including procuring all necessary consents to access the Vessel, are the responsibility of the Customer.
6.8 POPL will provide the Customer with Operating Services to load the Customer’s Vessel which
a) providing the weighbridge for weighing road transport vehicles delivering Grain to the shiploading equipment site (charged separately as per Clause 5.9)
b) discharging the road transport vehicles over POPL’s drive-over xxxxxx (Mobile Truck Unloader);
c) transferring the Grain from the drive-over xxxxxx via land conveyors to the shiploader conveyor and into the Vessel;
d) providing mandatory auto-sampling equipment along the conveyor pathway to the Vessel to take representative samples of the Grain being loaded onto the Customer’s Vessel for DAFF inspection purposes; and
e) provision of the port land area located on the...
Outturn. 11.1. The Client must provide the Xxxxxx notification, in conjunction with clause 6.2, in advance as to the when the Commodity will be removed from storage.
11.2. The Client must endeavour to provide the Xxxxxx with a projected monthly estimation of outturn requirements to enable the Xxxxxx to adequately manage inventory and plan outturn.
11.3. Notwithstanding clause 6.2, if the Client has not requested outturn by close of business the Wednesday of the week prior, the Xxxxxx is not obliged to outturn the Commodity in the week immediately following.
11.4. The Client acknowledges that outturn during Peak harvest periods may be limited and is by agreement only.
11.5. The Client must make request for outturn and freight requirements by submitting the Storers “Order Request Form”.
Outturn. 9.1 The Warehouser must give the Xxxxxx at least 2-day’s written notice of a request to outturn Commodity (Outturn Request) advising;
(a) Quantity;
(b) Grade;
(c) Name of Transport Provider;
(d) Estimated time of arrival of Transport Provider.
9.2 As soon as is practicable following receipt of an Outturn Request under clause 9.1 the Xxxxxx will confirm particulars of outturn (Outturn Confirmation).
9.3 The Warehouser acknowledges that the Xxxxxx has no obligation to outturn Commodity other than as provided in an Outturn Confirmation.
Outturn. Any shortage in outturn (unless resulting from a condition described in Force Majeure Clause above), in excess of one-half of one percent (0.5%) in volume shall be for the account of Owner on an evaluation declared by the Charterer at the time of discharging provided that Owner shall not be liable for any shortage in outturn unless a comparison of barge ullage figures at loading port and at discharge port established that a volume loss in excess of one-half of one percent (0.5%) has actually occurred.
Outturn. I. Subject to clause 5, there is no outturn from sites permitted unless the Xxxxxx considers the Commodity does not comply with the GTA receival standard or schedule 2.
Outturn. 12.1. The Client must give the xxxxxx at least 1 weeks written notice of a request to outturn Commodity (Outturn Request) advising:
12.1.1. Quantity;
12.1.2. Grade;
12.1.3. Specifications;
12.1.4. Name of Transport Provider; and
12.1.5. Estimated time of arrival Transport Provider.
12.2. As soon as is practicable following receipt of an Outturn Request under clause 12.1 the Xxxxxx will confirm particulars of outturn (Outturn Confirmation).
12.3. The Client acknowledges that the Xxxxxx has no obligation to outturn Commodity other than as provided in an Outturn Confirmation (Outturn Entitlement).
12.4. If the actual tonnage outturned to the Client exceeds the Client͛s Outturn Entitlement, the Client must either pay the Xxxxxx for the excess at the Washout Price or replace the shortfall by using other grades as negotiated and agreed with the Xxxxxx.
12.5. Ĩ ƚŚĞ ĂĐƚƵĂů ƚŽŶŶĂŐĞ ŽƵƚƚƵƌOŶuttĞurĚn E ntƚitleŽm enƚt, ŚtheĞS to rerůŝĞŶ may, at its discretion, either replace the physical shortfall in the Client͛s Outturn Entitlement or pay the Client for the deficiency in the Outturn Entitlement at the Washout Price.
12.6. For the purpose of Clauses 12.4 & 12.5, ͞tĂƐŚŽƵƚĨ ŽWƌƌ ŝƚĐŚĞĞ͟ ůŝĞŶƚ͛Ɛ Őƌ agreed, is the spot market price determined by an average of three independent brokers calculated based on the day that the Client is advised of the variation.
12.7. Transport providers may be subject to load-time slotting during peak outturn periods, at the discretion and management of the Xxxxxx. Site contacts are contained in Schedule 3 of this agreement.
