QUANTITY AND WEIGHTS. A. It is understood that the output of the Products shall be determined by Seller’s production schedule and that no warranty or representation has been made by Seller as to the exact quantities of Products to be sold pursuant to this Agreement.
B. The quantity of Products delivered to Buyer from Seller’s Plant shall be established by weight certificates obtained from scale at the Plant which is certified as of the time of weighing and which complies with all applicable laws, rules and regulations or in the event that the scale at the Plant is inoperable then at other scales which are certified as of the time of weighing and which comply with all applicable laws, rules and regulations. The outbound weight certificates shall be determinative of the quantity of the Products for which Buyer is obligated to pay pursuant to Section 5.
QUANTITY AND WEIGHTS. A. PRODUCTION AMOUNT. EKAE represents and warrants that it will sell to UBEI and UBEI represents and warrants that it will purchase from EKAE all Ethanol produced at the Plant. However, it is understood that total production amount of Ethanol shall be determined by EKAE's production schedule and that no warranty or representation has been made by EKAE as to the exact quantities or timing of Ethanol to be produced pursuant to this Agreement.
QUANTITY AND WEIGHTS. A. PRODUCTION AMOUNT. EKAE represents and warrants that it will sell to UBEI and UBEI represents and warrants that it will purchase from EKAE all Distiller's Grains produced at the Plant; provided, however, that UBEI shall locally market a portion of the Distiller's Grains produced at the Plant. Any locally marketed Distiller's Grains shall be subject to a minimum pick-up requirement of 5 tons per customer for wet Distiller's Grains and 2 tons per customer for dry Distiller's Grains and shall require afternoon pickup with forty-eight (48) hours prior notice. UBEI agrees to provide any and all customers of locally marketed Distiller's Grains truck and/or wagon access to the Distiller's Grains at the Plant. It is understood that total production amount of Distiller's Grains shall be determined by EKAE's production schedule and that no warranty or representation has been made by EKAE as to the exact quantities or timing of Distiller's Grains to be produced pursuant to this Agreement.
QUANTITY AND WEIGHTS. A. It is understood that said output of the "Products" shall be determined by Seller's production schedule and that no warranty or representation has been made by Seller as to the exact quantities of "Products" to be sold pursuant to this Agreement. At the effective date of this Agreement, the output estimated by Seller to be sold to the Buyer is approximately 7 thousand tons (7,000) of "Products" per month on a dry matter basis from the aforementioned "Plant".
B. The quantity of "Products" delivered to Buyer from Seller's "Plant" shall be established by weight certificates obtained from scales which are certified as of the time of weighing and which comply with all applicable laws, rules and regulations. In the case of rail shipments, the first official railroad weights will govern establishment of said quantities. The outbound weight certificates shall be determinative of the quantity of "Products" for which Buyer is obligated to pay pursuant to Section 5.
QUANTITY AND WEIGHTS. A. It is understood that the output of the Products shall be determined by Seller's production schedule and that no warranty or representation has been made by Seller as to the exact quantities of Products to be sold pursuant to this Agreement. *Portion omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
B. The quantity of Products delivered to Buyer from Seller's Plant shall be established by weight certificates obtained from scales at the Plant which are certified as of the time of weighing and which comply with all applicable laws, rules and regulations or in the event that the scale at the Plant is inoperable then at other scales which are certified as of the time of weighing and which comply with all applicable laws, rules and regulations. The outbound weight certificates shall be determinative of the quantity of the Products for which Buyer is obligated to pay pursuant to Section 5.
QUANTITY AND WEIGHTS. A. It is understood that the output of the DDGS shall be determined by Seller’s production schedule and that no warranty or representation has been made by Seller as to the exact quantities of DDGS to be sold pursuant to this Agreement.
B. The quantity of DDGS delivered to Buyer from Seller’s Plant shall be established by Seller’s official railroad weights which shall be certified as of the time of weighing and which comply with all applicable laws, rules and regulations, or in the event that such weights are inoperable then at other scales which are certified as of the time of weighing and which comply with all applicable laws, rules and regulations. The outbound weight certificates shall be determinative of the quantity of the DDGS for which Buyer is obligated to pay pursuant to this Agreement. * Portion omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
QUANTITY AND WEIGHTS. A. It is understood that the output of the Products shall be determined by Seller’s production schedule and that no warranty or representation has been made by Seller as to the exact quantities of Products to be sold pursuant to this Agreement. At the effective date of this Agreement, the annual output estimated by the Seller is approximately 115,000 tons of DDGS and 50,000 of MWDG.
B. The quantity of Products delivered to Buyer from Seller’s Plant shall be established by weight certificates obtained from scales which are certified as of the time of weighing and which comply with all applicable laws, rules and regulations. The outbound weight certificates shall be determinative of the quantity of Products for which Buyer is obligated to pay pursuant to Section 6.
QUANTITY AND WEIGHTS. A. It is understood that the output of the DDGS shall be determined by Seller’s production schedule and that no warranty or representation has been made by Seller as to the exact quantities of DDGS to be sold pursuant to this Agreement.
B. The quantity of DDGS delivered to Buyer from Seller’s Plant shall be established by weight certificates obtained from scale at the Plant which is certified as of the time of weighing and which complies with all applicable laws, rules and regulations or in the event that the scale at the Plant is inoperable then at other scales which are certified as of the time of weighing and which comply with all applicable laws, rules and regulations. The outbound weight certificates shall be determinative of the quantity of the DDGS for which Buyer is obligated to pay pursuant to Section 6.
QUANTITY AND WEIGHTS. For orders for Products carried in stock, Seller will deliver the ordered quantity specified. However, in the manufacture of Products it is agreed that Seller will be allowed production losses as stated below:
QUANTITY AND WEIGHTS. A. The weight of DDGS and WDG delivered to Buyer from Seller's Plants shall be established by weight certificates. Seller shall obtain truck weights on the scales at the Seller's Plants, which shall be certified and maintained by Seller as required by applicable laws, rules and regulations, and rail weights shall be obtained on any certified railroad scales. Whenever Seller's truck scales are unavailable or inoperable, any certified scales may be used, at Seller's expense, until Seller's scales are restored. The outbound weight certificates shall be determinative of the quantity of DDGS and WDG for which Buyer is obligated to pay pursuant to Section 5 hereof.
B. All rail cars loaded at Seller's Plants shall be grain hopper cars. Seller agrees that such cars shall be loaded to fxxx xxsible capacity at Seller's Plants. If not loaded to full visible capacity, Seller shall pay in full the portion of freight charges allocable to the unused capacity of the car.
