Common use of Quality Determination Clause in Contracts

Quality Determination. 10.1 Where the commodity has been sold delivered to the BUYER's nominated store, basis DAP or DDP, and fails on an immediate inspection conducted by the Receiver to meet the quality as specified herein, the Receiver shall not unload the commodity, and shall not i f y the SELLER as soon as possible, but no later than 24 hours from arrival of the commodity. Failure of the Receiver to give such notice, as required, shall preclude the BUYER from claiming for deficiency of quality against the SELLER, where such deficiency would or should have been apparent on reasonable inspection. The SELLER shall be allowed 24 hours from time of the notice of deficiency being given to inspect the commodity to verify the quality. If the SELLER does not do so, he shall be deemed to accept the Receiver's findings as to quality. Should the SELLER and the BUYER fail to agree on the quality of the commodity, a second sample shall be drawn in accordance with the Agricultural Products Standards Act 1990 (and any amendments thereof or replacement Acts) with a suitable double tube probe in the case of bulk deliveries, or a suitable bag-probe in the case of deliveries in bags, or by such other method and by such person or persons agreed to by the parties. Such sample shall be sealed and shall bear on the label all relevant information required for analysis. All analysis shall be done by an independent analyst/surveyor agreed to by the parties or else nominated by the AFSA Secretariat. The results so determined shall be final and binding upon the parties. If allowances resulting from this analysis cannot be mutually agreed by the parties the matter shall be submitted to arbitration for determination in terms of clause 15. All costs of sampling and analysis shall be borne by the defaulting party. 10.2 Where the commodity has been sold EXW , FCA, CPT or CIP, the quality shall be determined by the Silo/Warehouse Operator and the quality so determined shall, unless the parties agree otherwise in writing, be final and binding on the parties. 10.3 Where commodity represented by Silo Certificate/s is traded, the quality or grade determined at the time of outloading shall be final and binding on the parties. 10.4 Where commodity is despatched for export by sea the quality shall be determined from a sample taken by a recognised first class surveyor or inspection agency upon arrival of the commodity at the port of export. The quality so determined shall be final and binding on the parties. 10.5 Where commodity has been sold "on EXW” the commodity shall be graded as follows:

Quality Determination. 10.1 3.8.1. Where the commodity has been sold delivered to the BUYER's nominated store, basis DAP or DDP, and fails on an immediate inspection conducted by the Receiver to meet the quality as specified herein, the Receiver shall not unload the commodityProduct, and shall not i f y notify the SELLER as soon as possible, but no later than 24 hours from arrival of the commodity. Failure of the Receiver to give such notice, as required, shall preclude the BUYER from claiming for deficiency of quality against the SELLER, where such deficiency would or should have been apparent on reasonable inspection. The SELLER shall be allowed 24 hours from time of the notice of deficiency being given to inspect the commodity Product to verify the quality. If the SELLER does not do so, he shall be deemed to accept the Receiver's findings as to quality. 3.8.2. Should the SELLER and the BUYER fail to agree on the quality of the commodity, a second sample shall be drawn in accordance with the Agricultural Products Standards Act 1990 (and any amendments thereof or replacement Acts) with a suitable double tube probe in the case of bulk deliveries, or a suitable bag-bag- probe in the case of deliveries in bags, or by such other method and by such person or persons agreed to by the parties. Such sample shall be sealed and shall bear on the label all relevant information required for analysis. All analysis shall be done by an independent analyst/surveyor agreed to by the parties or else nominated by the AFSA Secretariat. The results so determined shall be final and binding upon the parties. If allowances resulting from this analysis cannot be mutually agreed by the parties the matter shall be submitted to arbitration for determination in terms of clause 15. All costs of sampling and analysis shall be borne by the defaulting party. 10.2 3.8.3. Where the commodity has been sold EXW EXW, FCA, CPT or CIP, the quality shall be determined by the Silo/Warehouse Operator operator and the quality so determined shall, unless the parties agree otherwise in writing, be final and binding on the parties. 10.3 3.8.4. Where commodity represented by Silo Certificate/s is traded, the quality or grade determined at the time of outloading shall be final and binding on the parties. 10.4 3.8.5. Where commodity is despatched for export by sea the quality shall be determined from a sample taken by a recognised first class surveyor or inspection agency upon arrival of the commodity at the port of export. The quality so determined shall be final and binding on the parties. 10.5 3.8.6. Where commodity has been sold "on EXW” the commodity shall be graded as follows:: [ADD DETAILS]