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.
Appears in 6 contracts
Samples: Distiller’s Grain Marketing Agreement (Lake Area Corn Processors LLC), Distiller’s Grain Marketing Agreement (E Energy Adams LLC), Distiller’s Grain Marketing Agreement (Granite Falls Community Ethanol Plant LLC)
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 the 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 56.
Appears in 4 contracts
Samples: Distiller’s Grain Marketing Agreement (Lincolnway Energy, LLC), Distiller’s Grain Marketing Agreement (Homeland Energy Solutions LLC), Distiller’s Grain Marketing Agreement (Red Trail Energy, LLC)
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 56.
Appears in 4 contracts
Samples: Distiller’s Grain Marketing Agreement (Akron Riverview Corn Processors, LLC), Distiller’s Grain Marketing Agreement (Akron Riverview Corn Processors, LLC), Distiller’s Grain Marketing Agreement (Akron Riverview Corn Processors, LLC)
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 56.
Appears in 2 contracts
Samples: Distiller’s Grain Marketing Agreement (Advanced BioEnergy, LLC), Distiller’s Grain Marketing Agreement (Cardinal Ethanol LLC)
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 Seller’s 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.
Appears in 1 contract
Samples: Distiller’s Grain Purchase Agreement (Otter Tail Ag Enterprises, LLC)
QUANTITY AND WEIGHTS. A. It is understood that the output of the Products shall be determined by Seller’s '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 '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.
Appears in 1 contract
Samples: Distiller's Grain Marketing Agreement (Red Trail Energy, LLC)
