REMOVAL OF THE PRODUCTS. 3.1 In relation to this section 3, where We have agreed to deliver the Products to You, only conditions 3.1, 3.4 and 3.8 of these Terms and Conditions apply. Where You are collecting the Products only conditions 3.1, 3.4, 3.8 and 3.9 apply.
3.2 For the purposes of the Agreement only and subject to Conditions 3.1 and 6.10 or as otherwise provided in the Agreement, We shall:-
3.2.1 subject to Condition 3.3, allow You access to and egress from the Stacking Sites using the Authorised Access Routes, to remove the Products, with the exception of restrictions as stated in the Lot Information and Conditions;
3.2.2 supply the Products stacked at Stacking Sites in such a manner as will facilitate safe removal by You from the Stacking Sites using the Authorised Access Routes;
3.2.3 make the products available for collection at Stacking Sites in reasonably equal monthly quantities having regard to the effect of seasonal working conditions and holidays;
3.2.4 notify You on a weekly basis between the Commencement Date and the Removal Date which Products are available in accordance with Condition
3.1.2 (hereinafter referred to as a “Weekly Notification”);
3.2.5 authorise You to remove the Products following the service of a Weekly Notification.
3.3 You, as purchaser:-
3.3.1 shall only be entitled to remove any Products in accordance with Our approved dispatch procedure in respect of each individual load;
3.3.2 shall give Us reasonable notice of the date and time when You will remove any of the Products;
3.3.3 save as may otherwise be provided in the Agreement, shall remove any Products specified in any Weekly Notification within fifteen Business Days of the issue of the Weekly Notification; If You fail to remove the Products within three weeks form the date of notification in accordance with this condition 3.2.3, We reserve the right in Our sole discretion to estimate the weight of loads using volume to weight ratios determined from equivalent trees (including without prejudice to the generality of the foregoing, the wood and timber represented by those trees) which have been stacked at the stacking site for less than fifteen Business Days. For the Purpose of this sub-clause 3.3.3, this estimate shall be regarded as the weight ticket weight;
3.3.4 shall ensure that (so far as the design of individual vehicles permit in which case every effort shall be made to ensure they are driven correctly) You, Your employees, agents, contractors, sub-contractors and employees of any ...
REMOVAL OF THE PRODUCTS. For the purposes of the Agreement only and subject to Clauses 3.2 and 6.10 and save as otherwise be provided in this Agreement, We shall allow You access to and egress from the Work Sites using the Authorised Access Routes, to fell, cut and remove the Products, in accordance with the Agreement.
REMOVAL OF THE PRODUCTS. 3.1 For the purposes of this Agreement only and subject to Clauses 3.2 and 6.10 and save as otherwise be provided in this Agreement, the Commission shall allow the Purchaser access to and egress from the Work Sites using the Authorised Access Routes, to fell, cut and remove the Products, in accordance with this Agreement.
3.1.1 The Purchaser shall ensure that (so far as the design of individual vehicles permit in which case every effort shall be made to ensure they are driven correctly) the Purchaser, its employees, agents, contractors, sub- contractors and employees of any of them at all times will comply with all applicable road safety legislation including but not limited to the Road Traffic Act which may be in force from time to time and the Road Haulage Of Round Timber Code Of Practice whilst accessing and egressing from the Work Sites and whilst using any Authorised Access Routes.
3.2 The Commission shall in each Period after consultation with the Purchaser notify in writing the Purchaser of the Felling Commencement Date, the Felling Removal Date and the Felling Order.
3.3 The Purchaser shall procure that:-
3.3.1 all vehicles use only the Authorised Access Routes and are, when loaded, within the weight limits defined by the road classification or as otherwise specified on the Sale Map. No warranty is given by the Commission that any other road is suitable for use by vehicles;
3.3.2 all vehicles are driven and used with all proper care and driven at such speed as shall be reasonable in all the circumstances including without limitation the nature of the route and vehicular load, and the prevailing weather and road conditions;
3.3.3 every reasonable precaution is taken to prevent any damage to the Authorised Access Routes including, without prejudice to the generality of the foregoing or the following, ensuring they are not used after exceptionally heavy rains or during or after a thaw, until suitable for use without causing damage;
3.3.4 the use of any machine or method of working which in the opinion of the Commission is causing, or is likely to cause, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped on request from the Commission;
3.3.5 the Authorised Access Routes and all roads in and around the Work Site (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by the Commission) at all times are kept free of obstructions arising from the Purchaser’s o...
REMOVAL OF THE PRODUCTS. 3.1 For the purposes of this Agreement only and subject to Clauses 3.2 and 6.10 or as otherwise be provided in this Agreement, Forestry and Land Scotland shall allow the Purchaser access to and egress from the Work Site using the Authorised Access Routes, to fell, cut and remove the Products, in accordance with this Agreement.
3.1.1 The Purchaser shall ensure that (so far as the design of individual vehicles permit in which case every effort shall be made to ensure they are driven correctly) the Purchaser, its employees, agents, contractors, sub- contractors and employees of any of them at all times will comply with all applicable road safety legislation and approved Codes of Practice, including but not limited to the Road Traffic Act which may be in force from time to time and the Road Haulage Of Round Timber Code Of Practice whilst accessing and egressing from the Work Sites and whilst using any Authorised Access Routes.
3.2 The Commencement Date, Expiry Date and Felling Order shall be as indicated in the relevant offer to sell, and Part I of the Schedule, unless otherwise agreed after consultation between the Purchaser and Forestry and Land Scotland.
3.2.1 All cut timber in excess of 2 metres in length and minimum top diameter 7 cm overbark shall be removed from the site. Where windblown trees include trees suitable for conversion to such products as may require peeling or seasoning the Seller may in the absence of adequate weighing facilities permit the Purchaser to peel or season any cut trees prior to their removal provided a basis for adjusting the price per tonne as stated at Part 1 of the Schedule is agreed by both parties before the peeling or seasoning commences. All timber must be removed and weighed in accordance with Clause 3.2.5 within six weeks of it being cut by the Purchaser.
3.2.2 The Purchaser shall give Forestry and Land Scotland reasonable notice of the date and time when the Purchaser will remove any of the Products.
3.2.3 The Purchaser shall only be entitled to remove any Products in accordance with Forestry Forestry and Land Scotland approved dispatch procedure in respect of each individual load.
3.2.4 If the Purchaser fails to remove the Products within six weeks from the date of felling in accordance with Clause 3.2.1, Forestry and Land Scotland reserves the right in its sole discretion to estimate the weight of loads using volume to weight ratios determined from equivalent trees (including without prejudice to the generality of ...
REMOVAL OF THE PRODUCTS. For the purposes of the Agreement only and subject to Conditions 3.1 and 6.10 or as otherwise provided in the Agreement, We shall:-
REMOVAL OF THE PRODUCTS. 12.1 The Purchaser shall provide Forestry and Land Scotland with a Harvesting Production Plan at least 7 days prior to the date of the PCM, as the same may be amended from time to time as notified by the Purchaser in writing and agreed by Forestry and Land Scotland.
12.2 The Harvesting Production Plan shall be agreed between the parties at the PCM. The Purchaser shall, within 28 days from the Start Date, commence the felling and extraction to roadside and the uplift and removal of the Products in accordance with the terms of the Harvesting Production Plan or, as the case may be, a Harvesting Recovery Plan.
12.3 In the event that the Harvesting Production Plan is not agreed between the parties at least 7 Business Days prior to the Start Date, then Forestry and Land Scotland shall be entitled at its sole discretion (acting reasonably) to determine the Harvesting Production Plan and to amend the same from time to time, in which case it shall notify the Purchaser in writing. The Purchaser shall comply with the Harvesting Production Plan as determined or amended by Forestry and Land Scotland in terms of this clause 12.3.
12.4 The Purchaser shall, prior to the Start Date, notify Forestry and Land Scotland in writing of the haulage Contractor(s) and / or any other Purchaser Representative(s) authorised by the Purchaser to access the Sale Area for the uplift and removal of the Products of in terms of this Agreement. In the event that the Purchaser has failed to notify Forestry and Land Scotland of the relevant haulage Contractor(s) and / or any other Purchaser Representatives prior to the Start Date, Forestry and Land Scotland shall be entitled at its sole discretion to defer the Start Date for a period of up to 28 days, in which case clause 12.11 shall apply.
12.5 The Purchaser shall, in its capacity as FWM for the haulage of timber and in accordance with applicable FISA Safety Guides: provide Sale Area specific information and contract maps to the haulage Contractor(s) and / or any other Purchaser Representative(s) authorised by the Purchaser to access the Sale Area for the uplift and removal of the Products; specify health and safety measures with which such haulage Contractor(s) and / or any other Purchaser Representative(s) must comply; and ensure arrangements are in place for the reporting of incidents, unsafe practices or dangerous occurrences.
12.6 Pursuant to clause 12.5, and immediately upon the completion of any uplift and removal of the Products, the P...
REMOVAL OF THE PRODUCTS. 6.1 In respect of the FISA Guidance on Managing Health & Safety in Forestry NRW shall fulfil the Landowner duties and responsibilities. NRW shall also fulfil the FWM duties and responsibilities in respect of the production of the Products and for placing them in a tidy and stable stack on the Stacking Sites. The Customer shall fulfil the FWM duties and responsibilities in respect of the Removal of the Products including leaving the stacks in a tidy and stable condition on the Stacking Sites.
6.2 The Customer warrants and represents that it and its Personnel are fully competent to, and will, plan, commission and carry out the Removal work in compliance with NRW’s Site Specific Conditions, all applicable Best Practice, Environmental Law, Employment Law, Road Haulage of Round Timber Code of Practice, and any other regulations or guidance applicable to any aspect of the Removal.
6.3 The Customer must commence the Removal as agreed with NRW’s Authorised Officer and remove all the Products before the Contract Expiry Date.
6.4 Prior to commencing the Removal, the Customer’s FWM shall engage in a discussion with NRW to transfer information between the parties about the Authorised Access Routes and the Stacking Sites. When agreed, NRW will give permission for the Removal to start.
6.5 NRW shall allow the Customer access to the Authorised Access Routes and Stacking Areas shown in the Sale Maps during the Term for the purposes of Removal.
6.6 The Customer will follow the Despatch Procedure in relation to the Removal of the Products.
6.7 The Customer will ensure that timber stacks are always left in a tidy and stable condition as each load is removed.
6.8 The Customer will ensure that all loads are correctly and securely strapped according to FISA Guidance. The Customer will undertake the strapping in a safe place that is free of overhead hazards, and before leaving the loading area. The Customer will also check and re-tension the straps before accessing the public road network. Failure to follow the strapping requirements set out in this Condition 6.8 will be a material breach of Contract.
6.9 If the Customer removes any Product not intended for the Customer under this Contract then NRW may exercise any of its rights of remedy set out at Condition 19.
6.10 The Customer shall use best endeavours to ensure that, while performing the Contract, its Personnel do not trespass on any premises or land of NRW or of any third party.
6.11 The Customer must remove the Products a...
REMOVAL OF THE PRODUCTS. 3.1 For the purposes of this Agreement only and subject to Clauses 3.2 and 6.10 and save as otherwise be provided in this Agreement, Forestry and Land Scotland shall allow the Purchaser access to and egress from the Work Sites using the Authorised Access Routes, to fell, cut and remove the Products, in accordance with this Agreement.
3.1.1 The Purchaser shall ensure that (so far as the design of individual vehicles permit in which case every effort shall be made to ensure they are driven correctly) the Purchaser, its employees, agents, contractors, sub- contractors and employees of any of them at all times will comply with all applicable road safety legislation including but not limited to the Road Traffic Act which may be in force from time to time and the Road Haulage Of Round Timber Code Of Practice whilst accessing and egressing from the Work Sites and whilst using any Authorised Access Routes.
REMOVAL OF THE PRODUCTS. 3.1 The Commencement Date and Expiry Date shall be as specified in Part 1 of the Schedule;
