Common use of PRE-DELIVERY Clause in Contracts

PRE-DELIVERY. 2.1. Subject to clause 2.2 of this Schedule 4: (a) the Customer must, at the time of submitting the Export Nomination no later than 22 days prior to the ETA of the Vessel, provide CBH with: (i) a proposed Accumulation Plan; and (ii) the estimated tonnage of Grain to be delivered and/or nominated to Standard Direct to Port; (b) Each Customer who provides an Export Nomination which seeks to utilise nominates the Standard Direct to Port Service will be allocated an Assembly Window once they have a confirmed Export Nomination and fixed an ETA, during which time the Customer will be permitted to deliver loads of Grain to the Port Terminal Facility for the purposes of export accumulation; (c) the Customer must complete and provide CBH with a Pre-Delivery Sample Analysis Form, paying particular attention to completing the section marked 'Treatment'; (d) if requested by CBH, the Customer must provide a one kilogram representative sample from each source of Grain that the Customer intends to deliver to the Port Terminal Facility for placement into Storage. If the grain is from more than one storage type, the Storage identification must be clearly marked on each sample; (e) the Pre-Delivery Sample Analysis Form with the sample/s for chemical and insect analysis must be couriered direct to: “Australian Grains Centre, 000 Xxxxxxxxx Xxxx, Forrestfield WA 6058”; (f) CBH will use all reasonable endeavours to provide the Customer with the sample results within 2 Business Days of the sample being received; (g) each acceptable sample analysis will permit the Customer to deliver the Grain to the Port Terminal Facility during the relevant Assembly Window. If the Customer wishes to deliver Grain to the Port Terminal Facility after the expiry of the Assembly Window, then the Customer must comply with the procedures in this clause again; and (h) if the sample contains any manageable Contaminants, the Grain must be treated before a new sample is presented for testing. The costs of assessing the new sample will be paid by the Customer. 2.2. CBH may waive compliance with some or all of the obligations in clause 2.1 of this Schedule 4: (a) provided that the Customer makes a declaration in the Direct to Port Delivery Declaration Form in respect of each load of Grain delivered to the Port Terminal Facility; or (b) the Grain is being delivered by the Customer directly from a CBH upcountry Site, or it has remained in CBH’s constant care and custody prior to delivery to the Port Terminal Facility. 2.3. The Accumulation Plan provided in accordance with clause 2.12.1 of this Schedule 4, must: (a) detail whether deliveries of Grain to a Port Terminal Facility for export are to be made by road or rail, subject to the operational capabilities of the Port Terminal Facility to receive such deliveries, and the sites, grades, volumes, timing of delivery and method of delivery; and; and (b) following consultation with CBH, be amended to enable the timetable for deliveries to the Port Terminal Facility to fit in with other pre-planned deliveries. 2.4. CBH and the Customer must negotiate in good faith toward an agreed Accumulation Plan. 2.5. If an Accumulation Plan cannot be agreed within three (3) Business Days, the Customer may lodge a Compliance Complaint under clause 16 of the Port Terminal Rules. 2.6. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion.

PRE-DELIVERY. 2.1. Subject to clause 2.2 of this Schedule 4:4:‌ (a) the Customer must, at the time of submitting the Export Nomination no later than 22 days prior to the ETA of the Vessel, provide CBH with: (i) a proposed Accumulation Plan; and (ii) the estimated tonnage of Grain to be delivered and/or nominated to Standard Direct to Port; (b) Each Customer who provides an Export Nomination which seeks to utilise nominates the Standard Direct to Port Service will be allocated an Assembly Window once they have a confirmed Export Nomination and fixed an ETA, during which time the Customer will be permitted to deliver loads of Grain to the Port Terminal Facility for the purposes of export accumulation; (c) the Customer must complete and provide CBH with a Pre-Delivery Sample Analysis Form, paying particular attention to completing the section marked 'Treatment'; (d) if requested by CBH, the Customer must provide a one kilogram representative sample from each source of Grain that the Customer intends to deliver to the Port Terminal Facility for placement into Storage. If the grain is from more than one storage type, the Storage identification must be clearly marked on each sample; (e) the Pre-Delivery Sample Analysis Form with the sample/s for chemical and insect analysis must be couriered direct to: “Australian Grains Centre, 000 Xxxxxxxxx Xxxx, Forrestfield WA 6058”; (f) CBH will use all reasonable endeavours to provide the Customer with the sample results within 2 Business Days of the sample being received; (g) each acceptable sample analysis will permit the Customer to deliver the Grain to the Port Terminal Facility during the relevant Assembly Window. If the Customer wishes to deliver Grain to the Port Terminal Facility after the expiry of the Assembly Window, then the Customer must comply with the procedures in this clause again; and (h) if the sample contains any manageable Contaminants, the Grain must be treated before a new sample is presented for testing. The costs of assessing the new sample will be paid by the Customer. 2.2. CBH may waive compliance with some or all of the obligations in clause 2.1 of this Schedule 4: (a) provided that the Customer makes a declaration in the Direct to Port Delivery Declaration Form in respect of each load of Grain delivered to the Port Terminal Facility; or (b) the Grain is being delivered by the Customer directly from a CBH upcountry Site, or it has remained in CBH’s constant care and custody prior to delivery to the Port Terminal Facility. 2.3. The Accumulation Plan provided in accordance with clause 2.12.1 of this Schedule 4, must: (a) detail whether deliveries of Grain to a Port Terminal Facility for export are to be made by road or rail, subject to the operational capabilities of the Port Terminal Facility to receive such deliveries, and the sites, grades, volumes, timing of delivery and method of delivery; and; and (b) following consultation with CBH, be amended to enable the timetable for deliveries to the Port Terminal Facility to fit in with other pre-planned deliveries. 2.4. CBH and the Customer must negotiate in good faith toward an agreed Accumulation Plan. 2.5. If an Accumulation Plan cannot be agreed within three (3) Business Days, the Customer may lodge a Compliance Complaint under clause 16 of the Port Terminal Rules. 2.6. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion.

PRE-DELIVERY. 2.1. Subject to clause 2.2 of this Schedule 4:4:‌ (a) the Customer must, at the time of submitting the Export Nomination no later than 22 days prior to the ETA of the Vessel, provide CBH with: (i) a proposed Accumulation Plan; and (ii) the estimated tonnage of Grain to be delivered and/or nominated to Standard Direct to PortVessel; (b) Each Customer who provides an Export Nomination which seeks to utilise nominates the Standard Direct to Port Service will be allocated an Assembly Window once they have a confirmed Export Nomination and fixed an ETA, during which time the Customer will be permitted to deliver loads of Grain to the Port Terminal Facility for the purposes of export accumulation; (c) the Customer must complete and provide CBH with a Pre-Delivery Sample Analysis Form, paying particular attention to completing the section marked 'Treatment'; (d) if requested by CBH, the Customer must provide a one kilogram representative sample from each source of Grain that the Customer intends to deliver to the Port Terminal Facility for placement into Storage. If the grain is from more than one storage type, the Storage identification must be clearly marked on each sample; (e) the Pre-Delivery Sample Analysis Form with the sample/s for chemical and insect analysis must be couriered direct to: “Australian Grains Centre, 000 Xxxxxxxxx Xxxx, Forrestfield WA 6058”; (f) CBH will use all reasonable endeavours to provide the Customer with the sample results within 2 Business Days of the sample being received; (g) each acceptable sample analysis will permit the Customer to deliver the Grain to the Port Terminal Facility during the relevant Assembly Window. If the Customer wishes to deliver Grain to the Port Terminal Facility after the expiry of the Assembly Window, then the Customer must comply with the procedures in this clause again; and (h) if the sample contains any manageable Contaminants, the Grain must be treated before a new sample is presented for testing. The costs of assessing the new sample will be paid by the Customer. 2.2. CBH may waive compliance with some or all of the obligations in clause 2.1 of this Schedule 4: (a) provided that the Customer makes a declaration in the Direct to Port Delivery Declaration Form in respect of each load of Grain delivered to the Port Terminal Facility; or (b) the Grain is being delivered by the Customer directly from a CBH upcountry Site, or it has remained in CBH’s constant care and custody prior to delivery to the Port Terminal Facility. 2.3. The Accumulation Plan provided in accordance with clause 2.12.1 of this Schedule 4, must: (a) detail whether deliveries of Grain to a Port Terminal Facility for export are to be made by road or rail, subject to the operational capabilities of the Port Terminal Facility to receive such deliveries, and the sites, grades, volumes, timing of delivery and method of delivery; and; and (b) following consultation with CBH, be amended to enable the timetable for deliveries to the Port Terminal Facility to fit in with other pre-planned deliveries. 2.4. CBH and the Customer must negotiate in good faith toward an agreed Accumulation Plan. 2.5. If an Accumulation Plan cannot be agreed within three (3) Business Days, the Customer may lodge a Compliance Complaint under clause 16 of the Port Terminal Rules. 2.6. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion.

PRE-DELIVERY. 2.1. Subject to clause 2.2 of this Schedule 4: (a) the Customer must, at the time of submitting the Export Nomination no later than 22 days prior to the ETA of the Vessel, provide CBH with: (i) a proposed Accumulation Plan; and (ii) the estimated tonnage of Grain to be delivered and/or nominated to Standard Direct to PortVessel; (b) Each Customer who provides an Export Nomination which seeks to utilise nominates the Standard Direct to Port Service will be allocated an Assembly Window once they have a confirmed Export Nomination and fixed an ETA, during which time the Customer will be permitted to deliver loads of Grain to the Port Terminal Facility for the purposes of export accumulation; (c) the Customer must complete and provide CBH with a Pre-Delivery Sample Analysis Form, paying particular attention to completing the section marked 'Treatment'; (d) if requested by CBH, the Customer must provide a one kilogram representative sample from each source of Grain that the Customer intends to deliver to the Port Terminal Facility for placement into Storage. If the grain is from more than one storage type, the Storage identification must be clearly marked on each sample; (e) the Pre-Delivery Sample Analysis Form with the sample/s for chemical and insect analysis must be couriered direct to: “Australian Grains Centre, 000 Xxxxxxxxx Xxxx, Forrestfield WA 6058”; (f) CBH will use all reasonable endeavours to provide the Customer with the sample results within 2 Business Days of the sample being received; (g) each acceptable sample analysis will permit the Customer to deliver the Grain to the Port Terminal Facility during the relevant Assembly Window. If the Customer wishes to deliver Grain to the Port Terminal Facility after the expiry of the Assembly Window, then the Customer must comply with the procedures in this clause again; and (h) if the sample contains any manageable Contaminants, the Grain must be treated before a new sample is presented for testing. The costs of assessing the new sample will be paid by the Customer. 2.2. CBH may waive compliance with some or all of the obligations in clause 2.1 of this Schedule 4: (a) provided that the Customer makes a declaration in the Direct to Port Delivery Declaration Form in respect of each load of Grain delivered to the Port Terminal Facility; or (b) the Grain is being delivered by the Customer directly from a CBH upcountry Site, or it has remained in CBH’s constant care and custody prior to delivery to the Port Terminal Facility. 2.3. The Accumulation Plan provided in accordance with clause 2.12.1 of this Schedule 4, must: (a) detail whether deliveries of Grain to a Port Terminal Facility for export are to be made by road or rail, subject to the operational capabilities of the Port Terminal Facility to receive such deliveries, and the sites, grades, volumes, timing of delivery and method of delivery; and; and (b) following consultation with CBH, be amended to enable the timetable for deliveries to the Port Terminal Facility to fit in with other pre-planned deliveries. 2.4. CBH and the Customer must negotiate in good faith toward an agreed Accumulation Plan. 2.5. If an Accumulation Plan cannot be agreed within three (3) Business Days, the Customer may lodge a Compliance Complaint under clause 16 of the Port Terminal Rules. 2.6. All delivery and unloading points, including any discharge grids, storage locations, and the movement of Grain following discharge will be nominated and determined by CBH in its sole discretion.