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 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 whilst accessing and egressing from the Stacking Sites and whilst using any Authorised Access Routes; 3.4 the weight of Products purchased and sold under the Agreement shall be the net weight of Products over a weighbridge approved by Us and recorded on a weight ticket issued to You. The weighing of each load shall be at Your expense and weight tickets must be returned to the Us together with a copy of the relevant Forestry Commission Conveyance Note not more than ten Business Days after removal of the load to which the weight ticket relates. Where in respect of any load You fail to return the weight ticket within the specified period then We reserve the right to estimate the weight of the load and this estimate shall be regarded as the weight ticket weight in respect of that load. 3.5 You shall procure that:- 3.5.1 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. We give no warranty that any other road is suitable for use by vehicles; 3.5.2 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; 3.5.3 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; 3.5.4 the use of any machine or method of working which in Our opinion is causing, or is likely to cause, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped upon Our request; 3.5.5 the Authorised Access Routes and all roads in and around the Stacking Sites (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by Us) at all times are kept free of obstructions arising from the Your operations which would prevent free flow of traffic except for a minimum of delay; 3.5.6 no unauthorised or unlawful discharges are made as a result of the Your operations to any drains, sewers, controlled waters or other waters either in contravention of Environmental Laws or which may cause damage to man, any other living organism or the environment. 3.6 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, We shall be entitled, after consultation with You save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out. 3.7 Where through no fault of yours, Your employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair We shall where practicable within ten Business Days of that fact being made known to Us endeavour to repair such damaged part or parts of that Authorised Access Route to the standard of the road classification as stated in the Lot Information and Conditions. 3.8 Without prejudice to any other of Our rights You shall be liable for any wilful, reckless or negligent damage (including without limitation damage specified in Condition 14.2) due to any act or default by You or Your employees, agents, contractors, sub-contractors or the employees of any of them and shall make good the same to Our satisfaction within ten Business Days where practicable of its occurrence. 3.9 If We are to deliver the Products; 3.9.1 the Products shall be made available to the address indicated in Your user profile section of the Website between such reasonable time of the day as You shall from time to time notify to Us in writing and You shall be responsible for unloading and shall use best endeavour to unload each lorry within the time periods specified in the Lot Information and Conditions; and 3.9.2 if any vehicle shall be delayed beyond the period specified for unloading in the Lot Information and Conditions, as a consequence of Your failure to provide adequate facilities for weighing and unloading then You shall indemnify Us against any claims for demurrage or loss arising which are raised against Us by any haulier employed by Us.
Appears in 2 contracts
Samples: Terms and Conditions for Purchase Agreement, Purchase Agreement
REMOVAL OF THE PRODUCTS. 3.1 In relation to this section 3, where We have agreed to deliver The Commission shall in respect of each Period after consultation with the Products to You, only conditions 3.1, 3.4 and 3.8 Purchaser notify in writing the Purchaser of these Terms and Conditions apply. Where You are collecting the Products only conditions 3.1, 3.4, 3.8 and 3.9 applySupply Period.
3.2 For the purposes of the this Agreement only and subject to Conditions 3.1 and Clause 6.10 or as otherwise provided in the this Agreement, We the Commission shall:-
3.2.1 subject to Condition Clause 3.3, allow You the Purchaser 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 Conditionsschedule;
3.2.2 supply the Products stacked at Stacking Sites in such a manner as will facilitate safe removal by You the Purchaser 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 the Purchaser on a weekly basis between the Uplift Commencement Date and the Removal Date which Products are available in accordance with Condition
3.1.2 Clause 3.2.2 (hereinafter referred to as a ““ Weekly Notification”);
3.2.5 authorise You the Purchaser to remove the Products following the service of a Weekly Notification.
3.3 You, as purchaser:-The Purchaser:-
3.3.1 shall only be entitled to remove any Products in accordance with Our Forestry Commission approved dispatch procedure in respect of each individual load;
3.3.2 shall give Us the Commission reasonable notice of the date and time when You he will remove any of the Products;
3.3.3 save as may otherwise be provided in the this Agreement, shall remove any Products specified in any Weekly Notification within fifteen Business Days of the issue of the Weekly Notification; . If You fail the Purchaser fails to remove the Products within three weeks form from the date of notification in accordance with this condition 3.2.3Clause 3.3.3, We reserve the right Commission reserves the rights in Our 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 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) Youthe Purchaser, Your 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 whilst accessing and egressing from the Stacking Sites and whilst using any Authorised Access Routes;.
3.4 the The weight of Products purchased and sold under the this Agreement shall be the net weight of Products over a weighbridge approved by Us the Commission and recorded on a weight ticket issued to Youthe Purchaser. The weighing of each load shall be at Your the Purchaser's expense and weight tickets must be returned to the Us Commission together with a copy of the relevant Forestry Commission Conveyance Note not more than ten Business Days after removal of the load to which the weight ticket relates. Where in respect of any such load You fail the Purchaser fails to return the weight ticket within the specified period then We reserve the Commission reserves the right to estimate the weight of the load and this estimate shall be regarded as the weight ticket weight in respect of that load.
3.5 You The Purchaser shall procure that:-
3.5.1 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. We give The Commission gives no warranty that any other road is suitable for use by vehicles;
3.5.2 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;
3.5.3 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;
3.5.4 the use of any machine or method of working which in Our 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 upon Our requeston request from the Commission;
3.5.5 the Authorised Access Routes and all roads in and around the Stacking Sites (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by Usthe Commission) at all times are kept free of obstructions arising from the Your purchasers operations which would prevent free flow of traffic except for a minimum of delay;
3.5.6 no unauthorised or unlawful discharges are made as a result of the Your purchasers operations to any drains, sewers, controlled waters or other waters either in contravention of Environmental Laws or which may cause damage to man, any other living organism or the environment.
3.6 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, We the Commission shall be entitled, after consultation with You the Purchaser save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.7 Where through no fault of yoursthe Purchaser, Your its employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair We the Commission shall where practicable within ten Business Days of that fact being made known to Us the Commission endeavour to repair such damaged part or parts of that Authorised Access Route to the standard of the road classification as stated in the Lot Information and Conditionsschedule.
3.8 Without prejudice to any other rights of Our rights You the Commission the Purchaser shall be liable for any wilful, reckless or negligent damage (including without limitation damage specified in Condition Clause 14.2) due to any act or default by You of the Purchaser or Your the Purchaser's employees, agents, contractors, sub-contractors or the employees of any of them and shall make good the same to Our the satisfaction of the Commission within ten Business Days where practicable of its occurrence.
3.9 If We are the Purchaser fails to deliver remove the Products;
3.9.1 Minimum Quantity from Commission land in any Supply Period, then the Products Commission will be entitled to either retain the Shortfall or resell the Shortfall both on an open market basis which has been paid for and shall be made available reimburse to the address indicated in Your user profile section Purchaser the lesser of the Website between such reasonable time remainder of any sums received from the day as You shall from time to time notify to Us in writing Purchaser for the Shortfall and/or any sums received on reselling the Shortfall less all costs, expenses, fees and You shall be responsible for unloading losses directly and shall use best endeavour to unload each lorry within the time periods specified naturally resulting in the Lot Information ordinary course of events. In the event of such costs and Conditions; andlosses exceeding the total sum received by the Commission for the Shortfall the Purchaser shall on demand pay to the Commission the amount by which said costs and losses exceed said total sum.
3.9.2 if 3.10 If the Commission fails to provide the Minimum Quantity from Commission land in any vehicle shall be delayed beyond Supply Period, or the period specified Shortfall before a new Expiry Date determined by Clause 6.1.3, then the Purchaser may purchase the Shortfall from another supplier at the current open market price and the Commission shall, upon demand, reimburse the Purchaser for unloading any additional purchase cost incurred for the Shortfall minus any other claims against the Purchaser arising in relation to the subject matter of this Agreement, and all reasonable costs, expenses, fees and losses directly and naturally resulting in the Lot Information and Conditions, as a consequence ordinary course of Your failure to provide adequate facilities for weighing and unloading then You shall indemnify Us against any claims for demurrage or loss arising which are raised against Us events that have been incurred by any haulier employed by Usthe Purchaser.
Appears in 1 contract
Samples: Sawlogs by Weight Period Contract
REMOVAL OF THE PRODUCTS. 3.1 In relation to this section 3, where We have agreed to deliver The Commission shall in respect of each Period after consultation with the Products to You, only conditions 3.1, 3.4 and 3.8 Purchaser notify in writing the Purchaser of these Terms and Conditions apply. Where You are collecting the Products only conditions 3.1, 3.4, 3.8 and 3.9 applySupply Period.
3.2 For the purposes of the this Agreement only and subject to Conditions 3.1 and Clause 6.10 or as otherwise provided in the this Agreement, We the Commission shall:-
3.2.1 subject to Condition Clause 3.3, allow You the Purchaser 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 Conditionsschedule;
3.2.2 supply the Products stacked at Stacking Sites in such a manner as will facilitate safe removal by You the Purchaser 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 the Purchaser on a weekly basis between the Uplift Commencement Date and the Removal Date which Products are available in accordance with Condition
3.1.2 Clause 3.2.2 (hereinafter referred to as a ““ Weekly Notification”);
3.2.5 authorise You the Purchaser to remove the Products following the service of a Weekly Notification.
3.3 You, as purchaser:-The Purchaser:-
3.3.1 shall only be entitled to remove any Products in accordance with Our Forestry Commission approved dispatch procedure in respect of each individual load;
3.3.2 shall give Us the Commission reasonable notice of the date and time when You he will remove any of the Products;
3.3.3 save as may otherwise be provided in the this 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) Youthe Purchaser, Your 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 whilst accessing and egressing from the Stacking Sites and whilst using any Authorised Access Routes;.
3.4 the weight The quantity of Products supplied and purchased under this Agreement and sold under the Agreement shall price payable for such Products will be the net weight of Products over a weighbridge approved calculated by Us and recorded on a weight ticket issued to You. The weighing of each load shall be at Your expense and weight tickets must be returned reference to the Us together with a copy volume of the relevant Forestry Commission Conveyance Note not more than ten Business Days after removal of the load to products, which the weight ticket relates. Where in respect of any load You fail to return the weight ticket within the specified period then We reserve the right to estimate for this purpose means their assumed volume derived from the weight of the Products supplied and uplifted, in accordance with the following procedures: -
3.4.1 the first load and this estimate removed by the Purchaser shall be regarded measured as the weight ticket weight described in respect of that load.
3.5 You shall procure that:-
3.5.1 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. We give no warranty that any other road is suitable for use by vehicles;
3.5.2 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;
3.5.3 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;
3.5.4 the use of any machine or method of working which in Our opinion is causing, or is likely to cause, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped upon Our request;
3.5.5 the Authorised Access Routes and all roads in and around the Stacking Sites (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by Us) at all times are kept free of obstructions arising from the Your operations which would prevent free flow of traffic except for a minimum of delay;
3.5.6 no unauthorised or unlawful discharges are made as a result of the Your operations to any drains, sewers, controlled waters or other waters either in contravention of Environmental Laws or which may cause damage to man, any other living organism or the environment.
3.6 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, We shall be entitled, after consultation with You save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.7 Where through no fault of yours, Your employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair We shall where practicable within ten Business Days of that fact being made known to Us endeavour to repair such damaged part or parts of that Authorised Access Route to the standard of the road classification as stated in the Lot Information and Conditions.
3.8 Without prejudice to any other of Our rights You shall be liable for any wilful, reckless or negligent damage (including without limitation damage specified in Condition 14.2) due to any act or default by You or Your employees, agents, contractors, sub-contractors or the employees of any of them and shall make good the same to Our satisfaction within ten Business Days where practicable of its occurrence.
3.9 If We are to deliver the Products;
3.9.1 the Products shall be made available to the address indicated in Your user profile section of the Website between such reasonable time of the day as You shall from time to time notify to Us in writing and You shall be responsible for unloading and shall use best endeavour to unload each lorry within the time periods specified in the Lot Information and Conditions; and
3.9.2 if any vehicle shall be delayed beyond the period specified for unloading in the Lot Information and Conditions, as a consequence of Your failure to provide adequate facilities for weighing and unloading then You shall indemnify Us against any claims for demurrage or loss arising which are raised against Us by any haulier employed by Us.Clause
Appears in 1 contract
Samples: Sawlogs Volume Period Contract
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;this
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 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 whilst accessing and egressing from the Stacking Sites and whilst using any Authorised Access Routes;
3.4 the weight of Products purchased and sold under the Agreement shall be the net weight of Products over a weighbridge approved by Us and recorded on a weight ticket issued to You. The weighing of each load shall be at Your expense and weight tickets must be returned to the Us together with a copy of the relevant Forestry Commission Conveyance Note not more than ten Business Days after removal of the load to which the weight ticket relates. Where in respect of any load You fail to return the weight ticket within the specified period then We reserve the right to estimate the weight of the load and this estimate shall be regarded as the weight ticket weight in respect of that load.
3.5 You shall procure that:-
3.5.1 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. We give no warranty that any other road is suitable for use by vehicles;
3.5.2 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;
3.5.3 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;
3.5.4 the use of any machine or method of working which in Our opinion is causing, or is likely to cause, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped upon Our request;
3.5.5 the Authorised Access Routes and all roads in and around the Stacking Sites (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by Us) at all times are kept free of obstructions arising from the Your operations which would prevent free flow of traffic except for a minimum of delay;
3.5.6 no unauthorised or unlawful discharges are made as a result of the Your operations to any drains, sewers, controlled waters or other waters either in contravention of Environmental Laws or which may cause damage to man, any other living organism or the environment.
3.6 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, We shall be entitled, after consultation with You save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.7 Where through no fault of yours, Your employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair We shall where practicable within ten Business Days of that fact being made known to Us endeavour to repair such damaged part or parts of that Authorised Access Route to the standard of the road classification as stated in the Lot Information and Conditions.
3.8 Without prejudice to any other of Our rights You shall be liable for any wilful, reckless or negligent damage (including without limitation damage specified in Condition 14.2) due to any act or default by You or Your employees, agents, contractors, sub-contractors or the employees of any of them and shall make good the same to Our satisfaction within ten Business Days where practicable of its occurrence.
3.9 If We are to deliver the Products;
3.9.1 the Products shall be made available to the address indicated in Your user profile section of the Website between such reasonable time of the day as You shall from time to time notify to Us in writing and You shall be responsible for unloading and shall use best endeavour to unload each lorry within the time periods specified in the Lot Information and Conditions; and
3.9.2 if any vehicle shall be delayed beyond the period specified for unloading in the Lot Information and Conditions, as a consequence of Your failure to provide adequate facilities for weighing and unloading then You shall indemnify Us against any claims for demurrage or loss arising which are raised against Us by any haulier employed by Us.
Appears in 1 contract
Samples: Purchase Agreement
REMOVAL OF THE PRODUCTS. 3.1 In relation to this section 3, where We have agreed to deliver Forestry and Land Scotland shall in respect of each Period after consultation with the Products to You, only conditions 3.1, 3.4 and 3.8 Purchaser notify in writing the Purchaser of these Terms and Conditions apply. Where You are collecting the Products only conditions 3.1, 3.4, 3.8 and 3.9 applySupply Period.
3.2 For the purposes of the this Agreement only and subject to Conditions 3.1 and Clause 6.10 or as otherwise provided in the this Agreement, We Forestry and Land Scotland shall:-
3.2.1 subject to Condition Clause 3.3, allow You the Purchaser 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 Conditionsschedule;
3.2.2 supply the Products stacked at Stacking Sites in such a manner as will facilitate safe removal by You the Purchaser 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 the Purchaser on a weekly basis between the Uplift Commencement Date and the Removal Date which Products are available in accordance with Condition
3.1.2 Clause 3.2.2 (hereinafter referred to as a “‘‘Weekly Notification”’’);
3.2.5 authorise You the Purchaser to remove the Products following the service of a Weekly Notification.
3.3 You, as purchaser:-The Purchaser:-
3.3.1 shall only be entitled to remove any Products in accordance with Our Forestry and Land Scotland approved dispatch procedure in respect of each individual load;
3.3.2 shall give Us Forestry and Land Scotland reasonable notice of the date and time when You he will remove any of the Products;
3.3.3 save as may otherwise be provided in the this Agreement, shall remove any Products specified in any Weekly Notification within fifteen Business Days of the issue of the Weekly Notification; . If You fail the Purchaser fails to remove the Products within three weeks form from the date of notification in accordance with this condition 3.2.3Clause 3.3.3, We reserve Forestry and Land Scotland reserves the right rights in Our 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 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) Youthe Purchaser, Your 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 whilst accessing and egressing from the Stacking Sites and whilst using any Authorised Access Routes;.
3.4 the The weight of Products purchased and sold under the this Agreement shall be the net weight of Products over a weighbridge approved by Us Forestry and Land Scotland and recorded on a weight ticket issued to Youthe Purchaser. The weighing of each load shall be at Your the Purchaser's expense and weight tickets must be returned to the Us Forestry and Land Scotland together with a copy of the relevant Forestry Commission and Land Scotland Conveyance Note not more than ten Business Days after removal of the load to which the weight ticket relates. Where in respect of any such load You fail the Purchaser fails to return the weight ticket within the specified period then We reserve Forestry and Land Scotland reserves the right to estimate the weight of the load and this estimate shall be regarded as the weight ticket weight in respect of that load.
3.5 You The Purchaser shall procure that:-
3.5.1 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. We give Forestry and Land Scotland gives no warranty that any other road is suitable for use by vehicles;
3.5.2 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;
3.5.3 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;
3.5.4 the use of any machine or method of working which in Our the opinion of Forestry and Land Scotland is causing, or is likely to cause, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped upon Our requeston request from Forestry and Land Scotland;
3.5.5 the Authorised Access Routes and all roads in and around the Stacking Sites (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by UsForestry and Land Scotland) at all times are kept free of obstructions arising from the Your purchasers operations which would prevent free flow of traffic except for a minimum of delay;
3.5.6 no unauthorised or unlawful discharges are made as a result of the Your purchasers operations to any drains, sewers, controlled waters or other waters either in contravention of Environmental Laws or which may cause damage to man, any other living organism or the environment.
3.6 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, We Forestry and Land Scotland shall be entitled, after consultation with You the Purchaser save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.7 Where through no fault of yoursthe Purchaser, Your its employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair We Forestry and Land Scotland shall where practicable within ten Business Days of that fact being made known to Us Forestry and Land Scotland endeavour to repair such damaged part or parts of that Authorised Access Route to the standard of the road classification as stated in the Lot Information and Conditionsschedule.
3.8 Without prejudice to any other rights of Our rights You Forestry and Land Scotland the Purchaser shall be liable for any wilful, reckless or negligent damage (including without limitation damage specified in Condition Clause 14.2) due to any act or default by You of the Purchaser or Your the Purchaser's employees, agents, contractors, sub-contractors or the employees of any of them and shall make good the same to Our the satisfaction of Forestry and Land Scotland within ten Business Days where practicable of its occurrence.
3.9 If We are the Purchaser fails to deliver remove the Products;
3.9.1 Minimum Quantity from Forestry and Land Scotland land in any Supply Period, then Forestry and Land Scotland will be entitled to either retain the Products Shortfall or resell the Shortfall both on an open market basis which has been paid for and shall be made available reimburse to the address indicated in Your user profile section Purchaser the lesser of the Website between such reasonable time remainder of any sums received from the day as You shall from time to time notify to Us in writing Purchaser for the Shortfall and/or any sums received on reselling the Shortfall less all costs, expenses, fees and You shall be responsible for unloading losses directly and shall use best endeavour to unload each lorry within the time periods specified naturally resulting in the Lot Information ordinary course of events. In the event of such costs and Conditions; andlosses exceeding the total sum received by Forestry and Land Scotland for the Shortfall the Purchaser shall on demand pay to Forestry and Land Scotland the amount by which said costs and losses exceed said total sum.
3.9.2 if 3.10 If Forestry and Land Scotland fails to provide the Minimum Quantity from Forestry and Land Scotland land in any vehicle shall be delayed beyond Supply Period, or the period specified Shortfall before a new Expiry Date determined by Clause 6.1.3, then the Purchaser may purchase the Shortfall from another supplier at the current open market price and Forestry and Land Scotland shall, upon demand, reimburse the Purchaser for unloading any additional purchase cost incurred for the Shortfall minus any other claims against the Purchaser arising in relation to the subject matter of this Agreement, and all reasonable costs, expenses, fees and losses directly and naturally resulting in the Lot Information and Conditions, as a consequence ordinary course of Your failure to provide adequate facilities for weighing and unloading then You shall indemnify Us against any claims for demurrage or loss arising which are raised against Us events that have been incurred by any haulier employed by Usthe Purchaser.
Appears in 1 contract
REMOVAL OF THE PRODUCTS. 3.1 In relation to this section 3, where We have agreed to deliver The Commencement Date and Expiry Date shall be as specified in Part 1 of 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.Schedule;
3.2 For the purposes of the this Agreement only and subject to Conditions Clauses 3.1 and 6.10 or as otherwise be provided in the this Agreement, We the Commission shall:-
3.2.1 subject to Condition Clause 3.3, allow You the Purchaser 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 ConditionsSchedule;
3.2.2 supply the Products stacked at Stacking Sites in such a manner as will facilitate safe removal by You the Purchaser 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 the Purchaser on a weekly basis between the Uplift Commencement Date and the Removal Date which Products are available in accordance with Condition
3.1.2 Clause 3.2.2 (hereinafter referred to as a ““ Weekly Notification”);
3.2.5 authorise You the Purchaser to remove the Products following the service of a Weekly Notification.
3.3 You, as purchaser:-The Purchaser:-
3.3.1 shall only be entitled to remove any Products in accordance with Our Forestry Commission approved dispatch procedure in respect of each individual load;
3.3.2 shall give Us the Commission reasonable notice of the date and time when You he will remove any of the Products;
3.3.3 save as may otherwise be provided in the this 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) Youthe Purchaser, Your 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 whilst accessing and egressing from the Stacking Sites and whilst using any Authorised Access Routes.
3.4 For the purposes of establishing the volume of the Products to be purchased and sold pursuant to this Contract:-
3.4.1 the first load removed by the Purchaser shall be measured as described in Clause 3.4.3 and weighed as described in Clause 3.4.4 and shall be deemed to be a sample load (hereinafter "Sample Load");
3.4 3.4.2 the ratio of the aggregate volume and weight of a Sample Load shall be applied to each load of the Product removed by the Purchaser until another load shall be measured and weighed as specified in clause 3.4.3 and 3.4.4 (and such load shall then become a Sample Load) and thereafter the ratio of the aggregate volume and weight of the later Sample Load shall be applied to each load until another Sample Load shall be ascertained and so on;
3.4.3 the volume of each sawlog constituting the Sample Load shall be calculated from the length at the shortest side (rounded down to the nearest 0.1 metre for random length logs or logs where the Purchaser has requested lengths cut in 0.1m steps, and to the nearest 0.3 metre for logs for which preset lengths have been agreed and for which 0.3m steps are prescribed as in Forestry Commission Field Book 9) and the top diameter under bark using the sawlog tables set out in the Forestry Commission Booklet No 31 or other such tables as may amend or replace them from time to time in effect at the time of sale;
3.4.4 the weight of Products purchased and sold under the Agreement any load shall be the net weight of Products constituting the load over a weighbridge approved by Us and recorded on a weight ticket issued to Youthe Commission. The weighing of each load shall be at Your the Purchaser' s expense and weight tickets must be returned to the Us Commission together with a copy of the relevant Forestry Commission Conveyance Note not more than ten Business Days after removal of the load to which the weight ticket relates. Where in respect of any load You fail other than a Sample Load the Purchaser fails to return the weight ticket within the specified period then We reserve the Commission reserves the right to estimate the weight of the load and this estimate shall be regarded as the weight ticket weight in respect of that load;
3.4.5 the Sample Loads shall be every tenth load unless the parties agree a different frequency;
3.4.6 Alternative methods of establishing the volume of the Products to be purchased and sold pursuant to this contract may be employed subject to mutual agreement.
3.5 You The Purchaser shall procure that:-
3.5.1 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. We give The Commission gives no warranty that any other road is suitable for use by vehicles;
3.5.2 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;
3.5.3 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;
3.5.4 the use of any machine or method of working which in Our 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 upon Our requeston request from the Commission;
3.5.5 the Authorised Access Routes and all roads in and around the Stacking Sites (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by Usthe Commission) at all times are kept free of obstructions arising from the Your purchasers operations which would prevent free flow of traffic except for a minimum of delay;
3.5.6 no unauthorised or unlawful discharges are made as a result of the Your purchasers operations to any drains, sewers, controlled waters or other waters either in contravention of Environmental Laws or which may cause damage to man, any other living organism or the environment.
3.6 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, We the Commission shall be entitled, after consultation with You the Purchaser save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.7 Where through no fault of yoursthe Purchaser, Your its employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair We the Commission shall where practicable within ten Business Days of that fact being made known to Us the Commission endeavour to repair such damaged part or parts of that Authorised Access Route to the standard of the road classification as stated in the Lot Information and Conditionsschedule.
3.8 Without prejudice to any other rights of Our rights You the Commission the Purchaser shall be liable for any wilful, reckless or negligent damage (including without limitation damage specified in Condition Clause 14.2) due to any act or default by You of the Purchaser or Your the Purchaser's employees, agents, contractors, sub-contractors or the employees of any of them and shall make good the same to Our the satisfaction of the Commission within ten Business Days where practicable of its occurrence.
3.9 If We are to deliver the Products;
3.9.1 the Products shall be made available to the address indicated in Your user profile section of the Website between such reasonable time of the day as You shall from time to time notify to Us in writing and You shall be responsible for unloading and shall use best endeavour to unload each lorry within the time periods specified in the Lot Information and Conditions; and
3.9.2 if any vehicle shall be delayed beyond the period specified for unloading in the Lot Information and Conditions, as a consequence of Your failure to provide adequate facilities for weighing and unloading then You shall indemnify Us against any claims for demurrage or loss arising which are raised against Us by any haulier employed by Us.
Appears in 1 contract
Samples: Standard Contract for the Sale of Sawlogs by Volume
REMOVAL OF THE PRODUCTS. 3.1 In relation to this section 3, where We have agreed to deliver The Commencement Date and Expiry Date shall be as specified in Part 1 of 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.Schedule;
3.2 For the purposes of the this Agreement only and subject to Conditions Clauses 3.1 and 6.10 or as otherwise be provided in the this Agreement, We the Commission shall:-
3.2.1 subject to Condition Clause 3.3, allow You the Purchaser 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 ConditionsSchedule;
3.2.2 supply the Products stacked at Stacking Sites in such a manner as will facilitate safe removal by You the Purchaser 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 the Purchaser on a weekly basis between the Commencement Date and the Removal Expiry Date which Products are available in accordance with Condition
3.1.2 Clause 3.2.2 (hereinafter referred to as a ““ Weekly Notification”);
3.2.5 authorise You the Purchaser to remove the Products following the service of a Weekly Notification.
3.3 You, as purchaser:-The Purchaser:-
3.3.1 shall only be entitled to remove any Products in accordance with Our Forestry Commission approved dispatch procedure in respect of each individual load;
3.3.2 shall give Us the Commission reasonable notice of the date and time when You he will remove any of the Products;
3.3.3 ; save as may otherwise be provided in the this Agreement, shall remove any Products specified in any Weekly Notification within fifteen Business Days three weeks of the issue of the Weekly Notification; . If You fail the Purchaser fails to remove the Products within three weeks form from the date of notification in accordance with this condition 3.2.3Clause 3.3.3, We reserve the Commission reserves the right in Our 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 the foregoing, the wood and timber represented by those trees) which have been stacked at the stacking site for less than three weeks fifteen Business Daysbusiness days. For the Purpose purposes of this sub-the sub- clause 3.3.3, this estimate shall be regarded as the weight ticket weightticket;
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 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 whilst accessing and egressing from the Stacking Sites and whilst using any Authorised Access Routes;
3.4 the weight of Products purchased and sold under the Agreement shall be the net weight of Products over a weighbridge approved by Us and recorded on a weight ticket issued to You. The weighing of each load shall be at Your expense and weight tickets must be returned to the Us together with a copy of the relevant Forestry Commission Conveyance Note not more than ten Business Days after removal of the load to which the weight ticket relates. Where in respect of any load You fail to return the weight ticket within the specified period then We reserve the right to estimate the weight of the load and this estimate shall be regarded as the weight ticket weight in respect of that load.
3.5 You shall procure that:-
3.5.1 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. We give no warranty that any other road is suitable for use by vehicles;
3.5.2 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;
3.5.3 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;
3.5.4 the use of any machine or method of working which in Our opinion is causing, or is likely to cause, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped upon Our request;
3.5.5 the Authorised Access Routes and all roads in and around the Stacking Sites (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by Us) at all times are kept free of obstructions arising from the Your operations which would prevent free flow of traffic except for a minimum of delay;
3.5.6 no unauthorised or unlawful discharges are made as a result of the Your operations to any drains, sewers, controlled waters or other waters either in contravention of Environmental Laws or which may cause damage to man, any other living organism or the environment.
3.6 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, We shall be entitled, after consultation with You save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.7 Where through no fault of yours, Your employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair We shall where practicable within ten Business Days of that fact being made known to Us endeavour to repair such damaged part or parts of that Authorised Access Route to the standard of the road classification as stated in the Lot Information and Conditions.
3.8 Without prejudice to any other of Our rights You shall be liable for any wilful, reckless or negligent damage (including without limitation damage specified in Condition 14.2) due to any act or default by You or Your employees, agents, contractors, sub-contractors or the employees of any of them and shall make good the same to Our satisfaction within ten Business Days where practicable of its occurrence.
3.9 If We are to deliver the Products;
3.9.1 the Products shall be made available to the address indicated in Your user profile section of the Website between such reasonable time of the day as You shall from time to time notify to Us in writing and You shall be responsible for unloading and shall use best endeavour to unload each lorry within the time periods specified in the Lot Information and Conditions; and
3.9.2 if any vehicle shall be delayed beyond the period specified for unloading in the Lot Information and Conditions, as a consequence of Your failure to provide adequate facilities for weighing and unloading then You shall indemnify Us against any claims for demurrage or loss arising which are raised against Us by any haulier employed by Us.
Appears in 1 contract
Samples: Sale of Sawlogs by Weight
REMOVAL OF THE PRODUCTS. 3.1 In relation to this section 3, where We have agreed to deliver the Products to shall in respect of each Period after consultation with You, only conditions 3.1, 3.4 and 3.8 notify You in writing of these Terms and Conditions apply. Where You are collecting the Products only conditions 3.1, 3.4, 3.8 and 3.9 applySupply Period.
3.2 For the purposes of the Agreement only and subject to Conditions 3.1 and Condition 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 Uplift Commencement Date and the Removal Date which Products are available in accordance with Condition
3.1.2 Condition 3.2.2 (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 from the date of notification in accordance with this condition 3.2.3Clause 3.3.3, 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;equivalent
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 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 whilst accessing and egressing from the Stacking Sites and whilst using any Authorised Access Routes;.
3.4 the The weight of Products purchased and sold under the this Agreement shall be the net weight of Products over a weighbridge approved by Us and recorded on a weight ticket issued to You. The weighing of each load shall be at Your expense and weight tickets must be returned to the Us together with a copy of the relevant Forestry Commission Conveyance Note not more than ten Business Days after removal of the load to which the weight ticket relates. Where in respect of any such load You fail to return the weight ticket within the specified period then We reserve the right to estimate the weight of the load and this estimate shall be regarded as the weight ticket weight in respect of that load.
3.5 You shall procure that:-
3.5.1 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. We give no warranty that any other road is suitable for use by vehicles;
3.5.2 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;
3.5.3 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;
3.5.4 the use of any machine or method of working which in Our opinion is causing, or is likely to cause, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped upon Our request;
3.5.5 the Authorised Access Routes and all roads in and around the Stacking Sites (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by Us) at all times are kept free of obstructions arising from the Your operations which would prevent free flow of traffic except for a minimum of delay;
3.5.6 no unauthorised or unlawful discharges are made as a result of the Your operations to any drains, sewers, controlled waters or other waters either in contravention of Environmental Laws or which may cause damage to man, any other living organism or the environment.either
3.6 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, We shall be entitled, after consultation with You save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.7 Where through no fault of yours, Your employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair We shall where practicable within ten Business Days of that fact being made known to Us endeavour to repair such damaged part or parts of that Authorised Access Route to the standard of the road classification as stated in the Lot Information and Conditions.
3.8 Without prejudice to any other of Our rights You shall be liable for any wilful, reckless or negligent damage (including without limitation damage specified in Condition 14.2) due to any act or default by You or Your employees, agents, contractors, sub-contractors or the employees of any of them and shall make good the same to Our satisfaction within ten Business Days where practicable of its occurrence.
3.9 If You fail to remove the Minimum Quantity from Commission Land in any Supply Period, then We are will be entitled to deliver either retain the Products;Shortfall or resell the Shortfall both on an open market basis which has been paid for and shall reimburse to You the lesser of the remainder of any sums received from You for the Shortfall and/or any sums received on reselling the Shortfall less all costs, expenses, fees and losses directly and naturally resulting in the ordinary course of events. In the event of such costs and losses exceeding the total sum received by Us for the Shortfall You shall on demand pay to Us the amount by which said costs and losses exceed said total sum.
3.9.1 3.10 If We fail to provide the Products shall be made available Minimum Quantity from Commission Land in any Supply Period, or the Shortfall before a new Expiry Date determined by Condition 6.1.3, then You may purchase the Shortfall from another supplier at the current open market price and We shall, upon demand, reimburse You for any additional purchase cost incurred for the Shortfall minus any other claims against You arising in relation to the address indicated in Your user profile section subject matter of the Website between such Agreement, and all reasonable time of the day as You shall from time to time notify to Us in writing costs, expenses, fees and You shall be responsible for unloading losses directly and shall use best endeavour to unload each lorry within the time periods specified naturally resulting in the Lot Information and Conditions; and
3.9.2 if any vehicle shall be delayed beyond the period specified for unloading in the Lot Information and Conditions, as a consequence ordinary course of Your failure to provide adequate facilities for weighing and unloading then You shall indemnify Us against any claims for demurrage or loss arising which are raised against Us events that have been incurred by any haulier employed by UsYou.
Appears in 1 contract
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 Clauses 3.2 and 6.10 or and save as otherwise be provided in the this Agreement, We shall:-
3.2.1 subject to Condition 3.3, shall allow You access to and egress from the Stacking Work Sites using the Authorised Access Routes, to fell, cut and 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 NotificationAgreement.
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 3.1.1 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 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 Stacking Work Sites and whilst using any Authorised Access Routes;.
3.4 3.2 We shall in each Period after consultation with You notify You in writing of the Felling Commencement Date, the Felling Removal Date and the Felling Order.
3.2.1 You shall remove the Products from the Work Site no later than six weeks after the said Products have been felled in accordance with Clause 3.1.
3.2.2 You shall give the Us reasonable notice of the date and time when You will remove any of the Products.
3.2.3 You shall only be entitled to remove any Products in accordance with Our approved dispatch procedure in respect of each individual load.
3.2.4 If You fail to remove the Products within six weeks from the date of felling in accordance with Clause 3.2.1, 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 felled for less than six weeks. For the Purposes of this sub- clause 3.2.4, this estimate shall be regarded as the weight ticket weight.
3.2.5 The weight of Products purchased and sold under the this Agreement shall be the net weight of Products over a weighbridge approved by Us and recorded on a weight ticket issued to YouUs. The weighing of each load shall be at Your expense and weight tickets must be returned to the Us together with a copy of the relevant Forestry Commission Conveyance Note approved conveyance note not more than ten Business Days after removal collection of the load to which the each weight ticket relates. Where in respect of any such load You fail to return the weight ticket within the specified period then We reserve the right to estimate the weight of the load and this estimate shall be regarded as the weight ticket weight in respect of that load.
3.5 3.3 You shall procure that:-
3.5.1 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. We give no No warranty is given by the Us that any other road is suitable for use by vehicles;
3.5.2 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;
3.5.3 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;
3.5.4 3.3.4 the use of any machine or method of working which in Our opinion is causing, or is likely to cause, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped upon on Our request;
3.5.5 3.3.5 the Authorised Access Routes and all roads in and around the Stacking Sites Work Site (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by Us) at all times are kept free of obstructions arising from the Your operations which would prevent free flow of traffic except for a minimum of delay, except where agreement has been reached for temporary closure to facilitate harvesting;
3.5.6 3.3.6 no unauthorised or unlawful discharges are made as a result of the Your operations to any drains, sewers, controlled waters or other waters either in contravention of Environmental Laws or which may cause damage to man, any other living organism or the environment.
3.6 3.4 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, maintained We shall be entitled, after consultation with You You, save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.7 3.5 Where through no fault of yours, Your employees, agents, contractors, sub- sub-contractors and employees of any of them, any of the Authorised Access Routes requires repair We shall where practicable within ten Business Days of that fact being made known to Us endeavour to repair such damaged part or parts of that Authorised Access Route to the standard of the road classification as stated in the Lot Information and Conditions.
3.8 3.6 Where it appears to You that the access within the Work Site or at the point of extraction to the Authorised Access Routes is not sufficient to enable You to comply with the terms of the Agreement You may apply in writing to Us for consent to cut, fell and remove other trees owned by Us, such consent shall not be unreasonably withheld and shall be confirmed (on such terms as We may determine which will include payment at the agreed market value) or denied in writing within ten Business Days of application.
3.7 Without prejudice to any other of Our rights rights, You shall be liable for any wilful, reckless or negligent damage (including without limitation damage specified in Condition 14.2resulting from any failure to comply with Clause 14. 3) due to any act or default by You of yours or Your employees, agents, contractors, sub-sub- contractors or the employees of any of them and shall recompense or make good the same to Our satisfaction within ten Business Days where practicable of its occurrence.
3.8 If You shall fell, cut, remove or damage in any way any standing tree not intended to be felled, cut or removed pursuant to this Agreement (other than as provided in Clause 3.6) then You shall pay to Us immediately on demand three times the then market value of the standing tree and, at Our sole discretion, We may retain the tree or timber represented by the said tree.
3.9 If We are to deliver the Products;
3.9.1 the Products shall be made available to the address indicated in Your user profile section of the Website between such reasonable time of the day as You shall from time again fell, cut or remove or damage in contravention of Clause 3.7 any standing tree not intended to time notify be felled, cut or removed pursuant to Us in writing and this Agreement after having been notified of Our demands under the terms of Clause 3.8 above, then You shall be responsible for unloading deemed to be in breach of this Agreement and shall use best endeavour to unload each lorry within We may in Our absolute discretion terminate the time periods specified Agreement forthwith and claim compensation in the Lot Information respect of any expenses, costs, losses and Conditions; and
3.9.2 if any vehicle shall be delayed beyond the period specified for unloading in the Lot Information and Conditions, damages incurred by Us as a consequence of Your failure any standing tree being felled, cut, removed or damaged which was not intended to be felled, cut or removed pursuant to this Agreement without prejudice to any of Our other rights or remedies under this Agreement or otherwise.
3.10 If You fail to remove the Minimum Quantity from Commission Land in any Period then We will be entitled to either retain the Shortfall or resell the Shortfall both on an open market basis which has been paid for and shall reimburse to You the lesser of the remainder of any sums received from You for the Shortfall and/or any sums received on reselling the Shortfall less all costs, expenses, fees and losses directly and naturally resulting in the ordinary course of events. In the event of such costs and losses exceeding the total sum received by Us for the Shortfall You shall on demand pay to Us the amount by which said costs and losses exceed said total sum.
3.11 If We fail to provide adequate facilities for weighing and unloading the Minimum Quantity from Commission Land in any Period or the Shortfall before a new Expiry Date determined by Clause 6.1.3, then You shall indemnify Us may purchase the Shortfall from another supplier at the current open market price and We shall, upon demand, reimburse You for any additional purchase cost incurred for the Shortfall minus any other claims against any claims for demurrage or loss You arising which are raised against Us in relation to the subject matter of this Agreement, and all reasonable costs, expenses, fees and losses directly and naturally resulting in the ordinary course of events that have been incurred by any haulier employed by UsYou.
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Samples: Terms and Conditions for Purchase of Standing Trees
