Common use of Outturn Clause in Contracts

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 site known as the “Link Road Bunker” to facilitate the road transport discharge operations. In addition, POPL will provide Customer Transport Services utilising POPL contracted trucks to move Grain from the Storage Space to the Mobile Truck unloader, where applicable. 6.9 The Operating Services shall be provided by POPL during the Services Slot on a 24x7 basis until loading of the Grain onto the Vessel is completed. The Customer must ensure that the Grain supplied is ready for POPL to commence the supply of the Operating Services from the time of commencement of the Services Slot. 6.10 The Customer must ensure prior to commencement of the Services Slot that sufficient Grain is pre- accumulated at the Storage Space, and that, after commencement of the Services Slot, it does all (a) no less than 5,000 tonnes of Grain per day are available for shiploading through use of the Shiploading Equipment; (b) the Operating Services, once they commence, can be carried out continuously, 24 hours per day, until the Grain is completely loaded onto the Vessel; (c) A minimum shiploading rate of between 220-250 tonnes of Grain per hour can be achieved; and (d) otherwise, all POPL Protocols and Rules must be complied with. 6.11 The Customer must comply with all of its obligations under this Agreement so as to ensure that: (a) The Grain is completely removed from the Storage Space by the time of expiry of the Storage Slot; and (b) The Grain is completely loaded onto the Vessel by the time of expiry of the Services Slot. 6.12 If the amount of Grain to be shipped is greater than the amount of Grain that can be stored at the Storage Space at any one time, the Customer must ensure sufficient Grain is progressively delivered to the Storage Space following commencement of the supply of the Operating Services so as to ensure that the requirements of clause 6.10 can be complied with. 6.13 The customer’s final tonnage of Grain loaded onto the Vessel will be determined by: (a) a Certificate of Weight; or (b) any other method agreed to in writing by the Customer and POPL, which may include the Shiploader’s belt-weigher or the Road Receival weighbridge tallies. POPL takes no responsibility for any shortfall claim in volumes once this final tonnage determination is made prior to the Vessel’s sailing. 6.14 The parties agree that: (a) the certified weights set out in a Certificate of Weight; or (b) if relevant, such other method agreed and approved under clause 6.13(b), will be used as the basis for payments of Service Fees for the relevant shipment.

Appears in 1 contract

Samples: Services Agreement

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Outturn. 6.1 POPL undertakes to Outturn Grain in accordance with the POPL Protocols and Rules (available via the link in a copy of which is attached as 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 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 5.95.11) b) discharging the road transport vehicles over POPL’s drive-over xxxxxx (Mobile Truck Unloadermobile 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 XXXX inspection purposes; and purposes e) provision of the port land area located on the site known as the “Link Road Bunker” to facilitate the road transport discharge operations. operations In addition, POPL will provide Customer Transport Services utilising POPL contracted trucks to move Grain from the Storage Space to the Mobile Truck unloader, where applicable. 6.9 The Operating Services shall be provided by POPL during the Services Slot on a 24x7 basis until loading of the Grain onto the Vessel is completed. The Customer must ensure that the Grain supplied is ready for POPL to commence the supply of the Operating Services from the time of commencement of the Services Slot. 6.10 The Customer must ensure prior to commencement of the Services Slot that sufficient Grain is pre- accumulated at the Storage Space, and that, after commencement of the Services Slot, it does allall things necessary (and which are not POPL’s responsibility under this Agreement), to ensure that: (a) no No less than 5,000 tonnes of Grain per day are available for shiploading through use of the Shiploading Equipment; (b) the Operating Services, once they commence, can be carried out continuously, 24 hours per day, until the Grain is completely loaded onto the Vessel; (c) A minimum shiploading rate of between 220-250 tonnes of Grain per hour can be achieved; achieved and (d) otherwiseOtherwise, all POPL Protocols and Rules must be complied with. 6.11 The Customer must comply with all of its obligations under this Agreement so as to ensure that: (a) The Grain is completely removed from the Storage Space by the time of expiry of the Storage Slot; and (b) The Grain is completely loaded onto the Vessel by the time of expiry of the Services Slot. 6.12 If the amount of Grain to be shipped is greater than the amount of Grain that can be stored at the Storage Space at any one time, the Customer must ensure sufficient Grain is progressively delivered to the Storage Space following commencement of the supply of the Operating Services so as to ensure that the requirements of clause 6.10 can be complied with. 6.13 The customer’s final tonnage of Grain loaded onto the Vessel will be determined by: (a) a Certificate of Weight; or (b) any other method agreed to in writing by the Customer and POPL, which may include the Shiploader’s belt-weigher or the Road Receival weighbridge tallies. POPL tallies XXXX takes no responsibility for any shortfall claim in volumes once this final tonnage determination is made prior to the Vessel’s sailing. 6.14 The parties agree that: (a) the certified weights set out in a Certificate of Weight; or (b) if relevant, such other method agreed and approved under clause 6.13(b), will be used as the basis for payments of Service Fees for the relevant shipment.

Appears in 1 contract

Samples: Services Agreement

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 site known as the “Link Road Bunker” to facilitate the road transport discharge operations. In addition, POPL will provide Customer Transport Services utilising POPL contracted trucks to move Grain from the Storage Space to the Mobile Truck unloader, where applicable. 6.9 The Operating Services shall be provided by POPL during the Services Slot on a 24x7 basis until loading of the Grain onto the Vessel is completed. The Customer must ensure that the Grain supplied is ready for POPL to commence the supply of the Operating Services from the time of commencement of the Services Slot. 6.10 The Customer must ensure prior to commencement of the Services Slot that sufficient Grain is pre- accumulated at the Storage Space, and that, after commencement of the Services Slot, it does all (a) no less than 5,000 tonnes of Grain per day are available for shiploading through use of the Shiploading Equipment; (b) the Operating Services, once they commence, can be carried out continuously, 24 hours per day, until the Grain is completely loaded onto the Vessel; (c) A minimum shiploading rate of between 220-250 tonnes of Grain per hour can be achieved; and (d) otherwise, all POPL Protocols and Rules must be complied with. 6.11 The Customer must comply with all of its obligations under this Agreement so as to ensure that: (a) The Grain is completely removed from the Storage Space by the time of expiry of the Storage Slot; and (b) The Grain is completely loaded onto the Vessel by the time of expiry of the Services Slot. 6.12 If the amount of Grain to be shipped is greater than the amount of Grain that can be stored at the Storage Space at any one time, the Customer must ensure sufficient Grain is progressively delivered to the Storage Space following commencement of the supply of the Operating Services so as to ensure that the requirements of clause 6.10 can be complied with. 6.13 The customer’s final tonnage of Grain loaded onto the Vessel will be determined by: (a) a Certificate of Weight; or (b) any other method agreed to in writing by the Customer and POPL, which may include the Shiploader’s belt-weigher or the Road Receival weighbridge tallies. POPL XXXX takes no responsibility for any shortfall claim in volumes once this final tonnage determination is made prior to the Vessel’s sailing. 6.14 The parties agree that: (a) the certified weights set out in a Certificate of Weight; or (b) if relevant, such other method agreed and approved under clause 6.13(b), will be used as the basis for payments of Service Fees for the relevant shipment.

Appears in 1 contract

Samples: Services Agreement

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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.written 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 (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 site known as the “Link Road Bunker” to facilitate the road transport discharge operations. In addition, POPL will provide Customer Transport Services utilising POPL contracted trucks to move Grain from the Storage Space to the Mobile Truck unloader, where applicable. 6.9 The Operating Services shall be provided by POPL during the Services Slot on a 24x7 basis until loading of the Grain onto the Vessel is completed. The Customer must ensure that the Grain supplied is ready for POPL to commence the supply of the Operating Services from the time of commencement of the Services Slot. 6.10 The Customer must ensure prior to commencement of the Services Slot that sufficient Grain is pre- accumulated at the Storage Space, and that, after commencement of the Services Slot, it does all (a) no less than 5,000 tonnes of Grain per day are available for shiploading through use of the Shiploading Equipment; (b) the Operating Services, once they commence, can be carried out continuously, 24 hours per day, until the Grain is completely loaded onto the Vessel; (c) A minimum shiploading rate of between 220-250 tonnes of Grain per hour can be achieved; and; (d) otherwise, all POPL Protocols and Rules must be complied with. 6.11 The Customer must comply with all No less than a rate of its obligations under this Agreement so as to ensure that: (a) The Grain is completely removed from the Storage Space by the time of expiry of the Storage Slot; and (b) The Grain is completely loaded onto the Vessel by the time of expiry of the Services Slot. 6.12 If the amount 800 tonnes of Grain per 8 hour shift to be shipped is greater than the amount of Grain that can be stored at the Storage Space at any one time, the Customer must ensure sufficient Grain is progressively delivered to the Storage Space following commencement of the supply of the Operating Services so as to ensure that the requirements of clause 6.10 can be complied with. 6.13 The customer’s final tonnage of Grain loaded onto the Vessel will be determined by: (a) a Certificate of WeightSpace, unless by prior arrangement with POPL; or (b) any other method agreed to in writing by the Customer and POPL, which may include the Shiploader’s belt-weigher or the Road Receival weighbridge tallies. POPL takes no responsibility for any shortfall claim in volumes once this final tonnage determination is made prior to the Vessel’s sailing. 6.14 The parties agree that: (a) the certified weights set out in a Certificate of Weight; or (b) if relevant, such other method agreed and approved under clause 6.13(b), will be used as the basis for payments of Service Fees for the relevant shipment.and

Appears in 1 contract

Samples: Services Agreement

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