Common use of Outturn Standards Clause in Contracts

Outturn Standards. (a) Subject to clause 7.4, Viterra will Outturn Grain to the standards set out in the Outturn Standards. (b) If requested by the Client, Viterra may, but is not obliged to, agree to Outturn to a more stringent standard than the applicable Outturn Standard, but a charge may be applied for this service. Any agreement by Viterra under this clause 7.4(b) can only be made in writing by a person authorised to act on behalf of Viterra. Unless otherwise agreed under this clause 7.4(b), at no time will Viterra be required to meet any standards which are not measured by Viterra at the time of receival or are an inherent component of the Grain which deteriorates with time based storage. (c) Viterra: (i) does not make any warranty or representation that Grain Outturned in accordance with either clause 7.4(a) or 7.4(b) will meet any export standards imposed by Department of Agriculture or standards imposed by an importing country; (ii) does not make any warranty or representation that malting barley will germinate after Outturn; and (iii) reserves the right, at its reasonable discretion but on not less than 20 Business Days' prior notice to the Client, to regrade to Barley1 Grade, any malting Grade barley that remains in Viterra's Facilities after 31 March of the year following the year in which the Service Year of delivery ended; and (iv) after a regrade in accordance with 7.4(c)(iii), Viterra can commingle the regraded stocks with other barley grades and varieties. (d) Without limiting clause 18, the Client indemnifies Viterra against any and all Losses Viterra incurs or sustains, and agrees that Viterra is not liable for Losses the Client incurs or sustains, as a direct or indirect result of Grain being Outturned by Viterra which is of a more stringent standard than the applicable Outturn Standard, yet fails to meet any export standards imposed by Department of Agriculture or standards imposed by an importing country. (e) If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Grain meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.

Outturn Standards. (a) Subject to this clause 7.47.3, Viterra will Outturn Grain Bulk Wheat to the standards set out in the Outturn Standards. (b) If requested by the Client, Viterra may, but is not obliged to, agree to Outturn to a more stringent standard than the applicable Outturn Standard, but a charge may be applied for this service. Any agreement by Viterra under this clause 7.4(b7.3(b) can only be made in writing by a person authorised to act on behalf of Viterra. Unless otherwise agreed under this clause 7.4(b7.3(b), at no time will Viterra be required to meet any standards which are not measured by Viterra at the time of receival or are an inherent component of the Grain Bulk Wheat which deteriorates with time based storage. (c) Viterra: (i) Viterra does not make any warranty or representation that Grain Outturned in accordance with either clause 7.4(a7.3(a) or 7.4(b7.3(b) will meet any export standards imposed by Department of Agriculture or standards imposed by an importing country; (ii) does not make any warranty or representation that malting barley will germinate after Outturn; and (iii) reserves the right, at its reasonable discretion but on not less than 20 Business Days' prior notice to the Client, to regrade to Barley1 Grade, any malting Grade barley that remains in Viterra's Facilities after 31 March of the year following the year in which the Service Year of delivery ended; and (iv) after a regrade in accordance with 7.4(c)(iii), Viterra can commingle the regraded stocks with other barley grades and varieties. (d) Without limiting clause 18, the Client indemnifies Viterra against any and all Losses Viterra incurs or sustains, and agrees that Viterra is not liable for Losses the Client incurs or sustains, as a direct or indirect result of Grain being Outturned by Viterra which is of Outturning Bulk Wheat at a more stringent standard than equal to or exceeding the applicable Outturn Standard, yet but which fails to meet any export standards imposed by Department of Agriculture or standards imposed by an importing country. (e) If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Grain Bulk Wheat meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.

Outturn Standards. (a) Subject to this clause 7.47.3, Viterra will Outturn Grain Bulk Wheat to the standards set out in the Outturn Standards. (b) If requested by the Client, Viterra may, but is not obliged to, agree to Outturn to a more stringent standard than the applicable Outturn Standard, but a charge may be applied for this service. Any agreement by Viterra under this clause 7.4(b7.3(b) can only be made in writing by a person authorised to act on behalf of Viterra. Unless otherwise agreed under this clause 7.4(b7.3(b), at no time will Viterra be required to meet any standards which are not measured by Viterra at the time of receival or are an inherent component of the Grain Bulk Wheat which deteriorates with time based storage. (c) Viterra: (i) Viterra does not make any warranty or representation that Grain Outturned in accordance with either clause 7.4(a7.3(a) or 7.4(b7.3(b) will meet any export standards imposed by Department of Agriculture DAWR or standards imposed by an importing country; (ii) does not make any warranty or representation that malting barley will germinate after Outturn; and (iii) reserves the right, at its reasonable discretion but on not less than 20 Business Days' prior notice to the Client, to regrade to Barley1 Grade, any malting Grade barley that remains in Viterra's Facilities after 31 March of the year following the year in which the Service Year of delivery ended; and (iv) after a regrade in accordance with 7.4(c)(iii), Viterra can commingle the regraded stocks with other barley grades and varieties. (d) Without limiting clause 18, the Client indemnifies Viterra against any and all Losses Viterra incurs or sustains, and agrees that Viterra is not liable for Losses the Client incurs or sustains, as a direct or indirect result of Grain being Outturned by Viterra which is of Outturning Bulk Wheat at a more stringent standard than equal to or exceeding the applicable Outturn Standard, yet but which fails to meet any export standards imposed by Department of Agriculture DAWR or standards imposed by an importing country. (e) If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Grain Bulk Wheat meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.

Outturn Standards. (a) Subject to clause 7.4this clause, Viterra will Outturn Grain to the standards set out in the Outturn Standards. (b) If requested by the Client, Viterra may, but is not obliged to, agree to Outturn to a more stringent standard than the applicable Outturn Standard, but a charge may be applied for this service. Any agreement by Viterra under this clause 7.4(b) 4.8 can only be made in writing by a person authorised to act on behalf of Viterra. Unless otherwise agreed under this clause 7.4(b)4.8, at no time will Viterra be required to meet any standards which are not measured by Viterra at the time of receival or are an inherent component of the Grain which deteriorates with time based storage. (c) Viterra: (i) does not make any warranty or representation that Grain Outturned in accordance with either this clause 7.4(a) or 7.4(b) 4.8 will meet any export standards imposed by Department of Agriculture Agriculture, Fisheries and Forestry or standards imposed by an importing country; (ii) does not make any warranty or representation that malting barley will germinate after Outturn; and (iii) reserves the right, at its reasonable discretion but on not less than 20 Business Days' prior notice to the Client, to regrade to Barley1 Grade, any malting Grade barley that remains in Viterra's Facilities after 31 March of the year following the year in which the Service Year of delivery ended; and (iv) after a regrade in accordance with 7.4(c)(iii)clause 4.8, Viterra can commingle the regraded stocks with other barley grades and varieties. (d) Without limiting clause 1817, the Client indemnifies Viterra against any and all Losses Viterra incurs or sustains, and agrees that Viterra is not liable for Losses the Client incurs or sustains, as a direct or indirect result of Grain being Outturned by Viterra which is of a more stringent standard than the applicable Outturn Standard, yet fails to meet any export standards imposed by Department of Agriculture Agriculture, Fisheries and Forestry or standards imposed by an importing country, except to the extent such Loss is caused by the gross negligence or wilful default of Viterra or its employees, contractors or agents. (e) If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Grain meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.

Outturn Standards. (a) Subject to clause 7.4, Viterra will Outturn Grain to the standards set out in the Outturn Standards. (b) If requested by the Client, Viterra may, but is not obliged to, agree to Outturn to a more stringent standard than the applicable Outturn Standard, but a charge may be applied for this service. Any agreement by Viterra under this clause 7.4(b) can only be made in writing by a person authorised to act on behalf of Viterra. Viterra will not warrant that either Grain Outturned to a more stringent standard than the applicable Outturn Standard or Grain Outturned to the specifications of the Outturn Standards will meet any export standards imposed by DAWR or standards imposed by an importing country. Unless otherwise agreed under this clause 7.4(b), at no time will Viterra be required to meet any standards which are not measured by Viterra at the time of receival or are an inherent component of the Grain which deteriorates with time based storage. (c) Viterra: (i) does not make any warranty or representation that Grain Outturned in accordance with either clause 7.4(a) or 7.4(b) will meet any export standards imposed by Department of Agriculture or standards imposed by an importing country; (ii) does not make any warranty or representation that malting barley will germinate after Outturn; and (iiiii) reserves the right, at its reasonable discretion but on not less than 20 Business Days' prior notice to the Client, to regrade to Barley1 feed Grade, any malting Grade barley that remains in Viterra's Facilities after 31 the 31st March of the year following the year in which the Service Year of delivery ended; and (iviii) after a regrade in accordance with 7.4(c)(iii), 7.4(c)(ii) Viterra can commingle comingle the regraded stocks with other barley feed grades and varieties. (d) Without limiting clause 18, the Client indemnifies Viterra against any and all Losses Viterra incurs or sustains, and agrees that Viterra is not liable for Losses the Client incurs or sustains, as a direct or indirect result of Grain being Outturned by Viterra which is of a more stringent standard than the applicable Outturn Standard, yet fails to meet any export standards imposed by Department of Agriculture DAWR or standards imposed by an importing country. (e) If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Grain meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.

Outturn Standards. (a) Subject to this clause 7.47.3, Viterra will Outturn Grain Bulk Wheat to the standards set out in the Outturn Standards. (b) If requested by the Client, Viterra may, but is not obliged to, agree to Outturn to a more stringent standard than the applicable Outturn Standard, but a charge may be applied for this service. Any agreement by Viterra under this clause 7.4(b7.3(b) can only be made in writing by a person authorised to act on behalf of Viterra. Unless otherwise agreed under this clause 7.4(b7.3(b), at no time will Viterra be required to meet any standards which are not measured by Viterra at the time of receival or are an inherent component of the Grain Bulk Wheat which deteriorates with time based storage. (c) Viterra: (i) Viterra does not make any warranty or representation that Grain Outturned in accordance with either clause 7.4(a7.3(a) or 7.4(b7.3(b) will meet any export standards imposed by Department of Agriculture or standards imposed by an importing country; (ii) does not make any warranty or representation that malting barley will germinate after Outturn; and (iii) reserves the right, at its reasonable discretion but on not less than 20 Business Days' prior notice to the Client, to regrade to Barley1 Grade, any malting Grade barley that remains in Viterra's Facilities after 31 March of the year following the year in which the Service Year of delivery ended; and (iv) after a regrade in accordance with 7.4(c)(iii), Viterra can commingle the regraded stocks with other barley grades and varieties. (d) Without limiting clause 18, the Client indemnifies Viterra against any and all Losses Viterra incurs or sustains, and agrees that Viterra is not liable for Losses the Client incurs or sustains, as a direct or indirect result of Grain being Outturned by Viterra which is of Outturning Bulk Wheat at a more stringent standard than equal to or exceeding the applicable Outturn Standard, yet but which fails to meet any export standards imposed by Department of Agriculture or standards imposed by an importing country, except to the extent such Loss is caused or contributed to by the gross negligence or wilful default of Viterra or its employees, contractors or agents. (e) If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Grain Bulk Wheat meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.

Outturn Standards. (a) Subject to clause 7.4this clause, Viterra will Outturn Grain to the standards set out in the Outturn Standards. (b) . If requested by the Client, Viterra may, but is not obliged to, agree to Outturn to a more stringent standard than the applicable Outturn Standard, but a charge may be applied for this service. Any agreement by Viterra under this clause 7.4(b) clause4.8 can only be made in writing by a person authorised to act on behalf of ViterraXxxxxxx. Unless otherwise agreed under this clause 7.4(b)4.8, at no time will Viterra be required to meet any standards which are not measured by Viterra at the time of receival or are an inherent component of the Grain which deteriorates with time based storage. (c) . Viterra: (i) does not make any warranty or representation that Grain Outturned in accordance with either this clause 7.4(a) or 7.4(b) 4.8 will meet any export standards imposed by Department of Agriculture Agriculture, Fisheries and Forestry or standards imposed by an importing country; (ii) does not make any warranty or representation that malting barley will germinate after Outturn; and (iii) reserves the right, at its reasonable discretion but on not less than 20 Business Days' prior notice to the Client, to regrade to Barley1 Grade, any malting Grade barley that remains in Viterra's Facilities after 31 March of the year following the year in which the Service Year of delivery ended; and (iv) after a regrade in accordance with 7.4(c)(iii)clause 4.8, Viterra can commingle the regraded stocks with other barley grades and varieties. (d) . Without limiting clause 1817, the Client indemnifies Viterra against any and all Losses Viterra incurs or sustains, and agrees that Viterra is not liable for Losses the Client incurs or sustains, as a direct or indirect result of Grain being Outturned by Viterra which is of a more stringent standard than the applicable Outturn Standard, yet fails to meet any export standards imposed by Department of Agriculture Agriculture, Fisheries and Forestry or standards imposed by an importing country. (e) , except to the extent such Loss is caused by the gross negligence or wilful default of Viterra or its employees, contractors or agents. If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Grain meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.

Outturn Standards. (a) Subject to clause 7.4, Viterra will Outturn Grain to the standards set out in the Outturn Standards. (b) If requested by the Client, Viterra may, but is not obliged to, agree to Outturn to a more stringent standard than the applicable Outturn Standard, but a charge may be applied for this service. Any agreement by Viterra under this clause 7.4(b) can only be made in writing by a person authorised to act on behalf of Viterra. Unless otherwise agreed under this clause 7.4(b), at no time will Viterra be required to meet any standards which are not measured by Viterra at the time of receival or are an inherent component of the Grain which deteriorates with time based storage. (c) Viterra: (i) does not make any warranty or representation that Grain Outturned in accordance with either clause 7.4(a) or 7.4(b) will meet any export standards imposed by Department of Agriculture DAWR or standards imposed by an importing country; (ii) does not make any warranty or representation that malting barley will germinate after Outturn; and (iii) reserves the right, at its reasonable discretion but on not less than 20 Business Days' prior notice to the Client, to regrade to Barley1 feed Grade, any malting Grade barley that remains in Viterra's Facilities after 31 March of the year following the year in which the Service Year of delivery ended; and (iv) after a regrade in accordance with 7.4(c)(iii), Viterra can commingle comingle the regraded stocks with other barley feed grades and varieties. (d) Without limiting clause 18, the Client indemnifies Viterra against any and all Losses Viterra incurs or sustains, and agrees that Viterra is not liable for Losses the Client incurs or sustains, as a direct or indirect result of Grain being Outturned by Viterra which is of a more stringent standard than the applicable Outturn Standard, yet fails to meet any export standards imposed by Department of Agriculture DAWR or standards imposed by an importing country. (e) If, at the request of the Client, Viterra undertakes any classification testing at the time of Outturn which is over and above that normally conducted by Viterra to ensure Outturned Grain meets the minimum standard for the Binned Grade stored, Viterra may charge the Client for that classification testing.