Common use of Remnants and Regrading Clause in Contracts

Remnants and Regrading. (a) If the Customer’s Port Zone Entitlement Stock of a particular type and Grade of Grain is: (i) in the opinion of CBH, an uneconomical parcel of grain to retain in the bulk storage system, CBH may provide the Customer with the option to remove the parcel from CBH sites within 30 days or downgrade the parcel such that CBH can commingle it with other grain to ensure efficient storage and adjust the Customer’s Port Zone Entitlement Stock accordingly; or (ii) between the values of -1.00 and +1.00 tonne, that Port Zone Entitlement Stock will be deemed NCV Grain and will be removed from CBH’s stock information systems and neither party will have any liability to the other for that amount of Grain. (b) CBH may reclassify the Grade of any malting barley held under this Agreement to that of feed barley standard where the germinative quality is less than 95% or the relevant Grain is more than 2 Seasons old and the Customer’s Grain Entitlement will be adjusted accordingly. CBH holds the discretion to decide whether or not to reclassify pursuant to this clause 24.3 and any such reclassification will only be conducted after consultation with the Customer. (c) The Grade of carryover pulse crops (not including Lupins) may be reclassified to feed standard on 1 October and the Customer’s Grain Entitlement will be adjusted accordingly.

Appears in 2 contracts

Samples: Grain Services Agreement, Grain Services Agreement

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Remnants and Regrading. (a) If the Customer’s Port Zone Integrated Entitlement Stock stock or Site Entitlement of a particular type and Grade of Grain is: (i) in the opinion of CBH, an uneconomical parcel of grain to retain in the bulk storage system, CBH may provide the Customer with the option to remove the parcel from CBH sites within 30 days or downgrade the parcel such that CBH can commingle it with other grain to ensure efficient storage and adjust the Customer’s Port Zone Integrated Entitlement Stock stock or Site Entitlement stock accordingly; or (ii) between the values of -1.00 and +1.00 tonne, that Port Zone Integrated Entitlement Stock stock or Site Entitlement will be deemed NCV Grain and will be removed from CBH’s stock information systems and neither party will have any liability to the other for that amount of Grain. (b) CBH may reclassify the Grade of any malting barley held under this Agreement to that of feed barley standard where the germinative quality is less than 95% or the relevant Grain is more than 2 Seasons old and the Customer’s Grain Entitlement will be adjusted accordingly. CBH holds the discretion to decide whether or not to reclassify pursuant to this clause 24.3 and any such reclassification will only be conducted after consultation with the Customer. (c) The Grade of carryover pulse crops (not including Lupins) may be reclassified to feed standard on 1 October and the Customer’s Grain Entitlement will be adjusted accordingly. (d) CBH may reclassify the Grade of oats held under this Agreement as per below where the Grain is over one (1) Season old and the Customer’s Grain Entitlement will be adjusted accordingly conducted after consultation with the Customer: (i) Oat1 to Oat2; (ii) OWAN1 to Oat2; and (iii) Oat2 to Feed Oats.

Appears in 1 contract

Samples: Grain Services Agreement

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Remnants and Regrading. (a) If the Customer’s Port Zone Grain Entitlement Stock of a particular type and Grade of Grain is: (i) in the opinion of CBH, an uneconomical parcel of grain to retain in the bulk storage system, CBH may provide the Customer with the option to remove the parcel from CBH sites within 30 days or downgrade the parcel such that CBH can commingle it with other grain to ensure efficient storage and adjust the Customer’s Port Zone Entitlement Stock accordingly; or (ii) is between the values of -1.00 and +1.00 tonne, tonne that Port Zone Entitlement Stock stock will be deemed NCV Grain and will be removed from CBH’s stock information systems and neither party will have any liability to the other for that amount of Grain. (b) CBH may reclassify the Grade of any malting barley held under this Agreement to that of feed barley standard where the germinative quality is less than 95% or the relevant Grain is more than 2 Seasons old and the Customer’s Grain Entitlement will be adjusted accordingly. CBH holds the discretion to decide whether or not to reclassify pursuant to this clause 24.3 6.9 and any such reclassification will only be conducted after consultation with the Customer. (c) The Grade of carryover pulse crops (not including Lupins) may be reclassified to feed standard on 1 October after each Season and the Customer’s Grain Entitlement will be adjusted accordingly. (d) CBH may reclassify the Grade of oats held under this Agreement as per below where the grain is over one (1) Season old and the Customer’s Grain Entitlement will be adjusted accordingly conducted after consultation with the Customer: (i) Oat1 to Oat2; (ii) OWAN1 to Oat2; and (iii) Oat2 to Feed Oats.

Appears in 1 contract

Samples: Port Terminal Services Agreement

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