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 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 this Agreement shall be the net weight of Products over a weighbridge approved by Forestry and Land Scotland. The weighing of each load shall be at the Purchaser's expense and weight tickets must be returned to Forestry and Land Scotland together with a copy of the approved conveyance note not more than ten Business Days after collection of the load to which each weight ticket relates. Where in respect of any such load the Purchaser fails to return the weight ticket within the specified period then 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. 3.3 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. Forestry and Land Scotland gives no warranty 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 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 on request from Forestry and Land Scotland; 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 Forestry and Land Scotland) at all times are kept free of obstructions 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; 3.3.6 no unauthorised or unlawful discharges are made as a result of the Purchaser’s 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. 3.4 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, Forestry and Land Scotland shall be entitled, after consultation with the Purchaser save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out. 3.5 Where through no fault of the Purchaser, its employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair Forestry and Land Scotland shall where practicable within ten Business Days of that fact being made known to 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 Schedule. 3.6 Where it appears to the Purchaser that the access within the Work Site or at the point of extraction to the Authorised Access Routes is not sufficient to enable the Purchaser to comply with the terms of the Agreement the Purchaser may apply in writing to Forestry and Land Scotland for consent to cut, fell and remove other trees owned by Forestry and Land Scotland, such consent shall not be unreasonable withheld and shall be confirmed (on such terms as Forestry and Land Scotland 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 rights of Forestry and Land Scotland the Purchaser shall be liable for any wilful, reckless or negligent damage (including without limitation damage resulting from any failure to comply with Clause 14.3) due to any act or default of the Purchaser or the Purchaser's employees, agents, contractors, sub-contractors or the employees of any of them and shall recompense or make good the same to the satisfaction of Forestry and Land Scotland within ten Business Days where practicable of its occurrence. 3.8 If the Purchaser shall fell, cut, remove or damage in any way any standing tree not intended to be so felled, cut or removed pursuant to this Agreement (other than as provided in Clause 3.6) then the Purchaser shall pay to Forestry and Land Scotland immediately on demand three times the then market value of the standing tree and, at its sole discretion, Forestry and Land Scotland may retain the wood or timber represented by the said tree. 3.9 If the Purchaser shall again fell, cut or remove or damage in contravention of Clause
Appears in 1 contract
REMOVAL OF THE PRODUCTS. 3.1 For the purposes of this Agreement only and subject to Clauses 3.2 and 6.10 or and save as otherwise be provided in this Agreement, Forestry and Land Scotland the Commission shall allow the Purchaser access to and egress from the Work Site 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 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 Commission shall in each Period after consultation with the Purchaser notify in writing the Purchaser of the Felling Commencement Date, Expiry the Felling Removal Date and the 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 ScotlandOrder.
3.2.1 All cut timber in excess of 2 metres in length and minimum top diameter 7 cm overbark The Purchaser shall be removed remove the Products from the site. Where windblown trees include trees suitable for conversion to such products as may require peeling or seasoning Work Site no later than six weeks after 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 said Products have been felled in accordance with Clause 3.2.5 within six weeks of it being cut by the Purchaser3.1.
3.2.2 The Purchaser shall give Forestry and Land Scotland the Commission 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 Commission 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 the Commission 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 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 this Agreement shall be the net weight of Products over a weighbridge approved by Forestry and Land Scotlandthe Commission. The weighing of each load shall be at the Purchaser's expense and weight tickets must be returned to Forestry and Land Scotland the Commission together with a copy of the approved conveyance note not more than ten Business Days after collection of the load to which each weight ticket relates. Where in respect of any such load the Purchaser fails to return the weight ticket within the specified period then Forestry and Land Scotland 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.
3.3 The Purchaser shall procure that: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. Forestry and Land Scotland gives no 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 Forestry and Land Scotland 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 Forestry and Land Scotlandthe 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 Forestry and Land Scotlandthe Commission) at all times are kept free of obstructions arising from the Purchaser’s 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;
3.3.6 no unauthorised or unlawful discharges are made as a result of the Purchaser’s 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.
3.4 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, Forestry and Land Scotland the Commission shall be entitled, after consultation with the Purchaser save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.5 Where through no fault of the Purchaser, its employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair Forestry and Land Scotland the Commission shall where practicable within ten Business Days of that fact being made known to Forestry and Land Scotland 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 Schedule.
3.6 Where it appears to the Purchaser that the access within the Work Site or at the point of extraction to the Authorised Access Routes is not sufficient to enable the Purchaser to comply with the terms of the Agreement the Purchaser may apply in writing to Forestry and Land Scotland the Commission for consent to cut, fell and remove other trees owned by Forestry and Land Scotlandthe Commission, such consent shall not be unreasonable unreasonably withheld and shall be confirmed (on such terms as Forestry and Land Scotland the Commission 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 rights of Forestry and Land Scotland the Commission the Purchaser shall be liable for any wilful, reckless or negligent damage (including without limitation damage resulting from any failure to comply with Clause 14.314. 3) due to any act or default of the Purchaser or the Purchaser's employees, agents, contractors, sub-sub- contractors or the employees of any of them and shall recompense or make good the same to the satisfaction of Forestry and Land Scotland the Commission within ten Business Days where practicable of its occurrence.
3.8 If the Purchaser shall fell, cut, remove or damage in any way any standing tree not intended to be so felled, cut or removed pursuant to this Agreement (other than as provided in Clause 3.6) then the Purchaser shall pay to Forestry and Land Scotland the Commission immediately on demand three times the then market value of the standing tree and, at its sole discretion, Forestry and Land Scotland the Commission may retain the wood tree or timber represented by the said tree.
3.9 If the Purchaser shall again fell, cut or remove or damage in contravention of Clause
Appears in 1 contract
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 the Commission 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, Felling Removal 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 Scotlandthe Commission.
3.2.1 All cut timber in excess of 2 metres in length and minimum top diameter 7 cm overbark The Purchaser shall be removed remove the Products from the site. Where windblown trees include trees suitable for conversion to such products as may require peeling or seasoning Work Site no later than six weeks after 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 said Products have been felled, in accordance with Clause 3.2.5 within six weeks of it being cut by the Purchaser3.1.
3.2.2 The Purchaser shall give Forestry and Land Scotland the Commission 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 Commission 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 the Commission 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 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 this Agreement shall be the net weight of Products over a weighbridge approved by Forestry and Land Scotlandthe Commission. The weighing of each load shall be at the Purchaser's expense and weight tickets must be returned to Forestry and Land Scotland the Commission together with a copy of the approved conveyance note not more than ten Business Days after collection of the load to which each weight ticket relates. Where in respect of any such load the Purchaser fails to return the weight ticket within the specified period then Forestry and Land Scotland 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.
3.3 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. Forestry and Land Scotland The Commission gives no warranty 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 Forestry and Land Scotland 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 Forestry and Land Scotlandthe 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 Forestry and Land Scotlandthe Commission) at all times are kept free of obstructions 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;
3.3.6 no unauthorised or unlawful discharges are made as a result of the Purchaser’s 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.
3.4 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, Forestry and Land Scotland the Commission shall be entitled, after consultation with the Purchaser save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.5 Where through no fault of the Purchaser, its employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair Forestry and Land Scotland the Commission shall where practicable within ten Business Days of that fact being made known to Forestry and Land Scotland 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 Schedule.
3.6 Where it appears to the Purchaser that the access within the Work Site or at the point of extraction to the Authorised Access Routes is not sufficient to enable the Purchaser to comply with the terms of the Agreement the Purchaser may apply in writing to Forestry and Land Scotland the Commission for consent to cut, fell and remove other trees owned by Forestry and Land Scotlandthe Commission, such consent shall not be unreasonable withheld and shall be confirmed (on such terms as Forestry and Land Scotland the Commission 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 rights of Forestry and Land Scotland the Commission the Purchaser shall be liable for any wilful, reckless or negligent damage (including without limitation damage resulting from any failure to comply with Clause 14.3) due to any act or default of the Purchaser or the Purchaser's employees, agents, contractors, sub-sub- contractors or the employees of any of them and shall recompense or make good the same to the satisfaction of Forestry and Land Scotland the Commission within ten Business Days where practicable of its occurrence.
3.8 If the Purchaser shall fell, cut, remove or damage in any way any standing tree not intended to be so felled, cut or removed pursuant to this Agreement (other than as provided in Clause 3.6) then the Purchaser shall pay to Forestry and Land Scotland the Commission immediately on demand three times the then market value of the standing tree and, at its sole discretion, Forestry and Land Scotland the Commission may retain the wood or timber represented by the said tree.
3.9 If the Purchaser shall again fell, cut or remove or damage in contravention of Clause
Appears in 1 contract
Samples: Standard Contract for the Sale of Standing Trees by Weight
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 The Purchaser shall be removed remove the Products from the site. Where windblown trees include trees suitable for conversion to such products as may require peeling or seasoning Work Site no later than six weeks after 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 said Products have been felled, in accordance with Clause 3.2.5 within six weeks of it being cut by the Purchaser3.1.
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 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 this Agreement shall be the net weight of Products over a weighbridge approved by Forestry and Land Scotland. The weighing of each load shall be at the Purchaser's expense and weight tickets must be returned to Forestry and Land Scotland together with a copy of the approved conveyance note not more than ten Business Days after collection of the load to which each weight ticket relates. Where in respect of any such load the Purchaser fails to return the weight ticket within the specified period then 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.
3.3 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. Forestry and Land Scotland gives no warranty 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 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 on request from Forestry and Land Scotland;
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 Forestry and Land Scotland) at all times are kept free of obstructions 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;
3.3.6 no unauthorised or unlawful discharges are made as a result of the Purchaser’s 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.
3.4 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, Forestry and Land Scotland shall be entitled, after consultation with the Purchaser save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.5 Where through no fault of the Purchaser, its employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair Forestry and Land Scotland shall where practicable within ten Business Days of that fact being made known to 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 Schedule.
3.6 Where it appears to the Purchaser that the access within the Work Site or at the point of extraction to the Authorised Access Routes is not sufficient to enable the Purchaser to comply with the terms of the Agreement the Purchaser may apply in writing to Forestry and Land Scotland for consent to cut, fell and remove other trees owned by Forestry and Land Scotland, such consent shall not be unreasonable withheld and shall be confirmed (on such terms as Forestry and Land Scotland 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 rights of Forestry and Land Scotland the Purchaser shall be liable for any wilful, reckless or negligent damage (including without limitation damage resulting from any failure to comply with Clause 14.3) due to any act or default of the Purchaser or the Purchaser's employees, agents, contractors, sub-contractors or the employees of any of them and shall recompense or make good the same to the satisfaction of Forestry and Land Scotland within ten Business Days where practicable of its occurrence.
3.8 If the Purchaser shall fell, cut, remove or damage in any way any standing tree not intended to be so felled, cut or removed pursuant to this Agreement (other than as provided in Clause 3.6) then the Purchaser shall pay to Forestry and Land Scotland immediately on demand three times the then market value of the standing tree and, at its sole discretion, Forestry and Land Scotland may retain the wood or timber represented by the said tree.
3.9 If the Purchaser shall again fell, cut or remove or damage in contravention of Clause
Appears in 1 contract
Samples: Standard Contract for the Sale of Standing Trees by Weight
REMOVAL OF THE PRODUCTS. 3.1 The Commencement Date and Expiry Date shall be as specified in Part 1 of the Schedule;
3.2 For the purposes of this Agreement only and subject to Clauses 3.2 3.1 and 6.10 or as otherwise be provided in this Agreement, Forestry and Land Scotland shall shall:-
3.2.1 subject to Clause 3.3, allow the Purchaser access to and egress from the Work Site Stacking Sites using the Authorised Access Routes, to fell, cut and remove the Products, with the exception of restrictions as stated in accordance with this Agreement.the Schedule;
3.1.1 The 3.2.2 supply the Products stacked at Stacking Sites in such a manner as will facilitate safe removal by 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 Stacking Sites and whilst using any the Authorised Access Routes.;
3.2 The 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 the Purchaser on a weekly basis between the Commencement Date, Date and the 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 which Products are available in accordance with Clause 3.2.2 (hereinafter referred to as a ‘‘Weekly Notification’’);
3.2.5 within six weeks authorise the Purchaser to remove the Products following the service of it being cut by the Purchasera Weekly Notification.
3.2.2 3.3 The Purchaser Purchaser:-
3.3.1 shall only be entitled to remove any Products in accordance with Forestry and Land Scotland approved dispatch procedure in respect of each individual load;
3.3.2 shall give Forestry and Land Scotland reasonable notice of the date and time when the Purchaser he will remove any of the Products.;
3.2.3 The Purchaser 3.3.3 save as may otherwise be provided in this Agreement, shall only be entitled to remove any Products specified in accordance with Forestry Forestry and Land Scotland approved dispatch procedure in respect any Weekly Notification within three weeks of each individual load.
3.2.4 the issue of the Weekly Notification. If the Purchaser fails to remove the Products within six three weeks from the date of felling notification in accordance with this Clause 3.2.13.3.3, 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 the foregoing, the wood and timber represented by those trees) which have been felled stacked at the stacking site for less than six weeksthree weeks fifteen business days. For the Purposes purposes of this the sub-clause 3.2.43.3.3, 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) 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 whilst accessing and egressing from the Stacking Sites and whilst using any Authorised Access Routes.
3.2.5 3.4 The weight of Products purchased and sold under this Agreement shall be the net weight of Products over a weighbridge approved by Forestry and Land ScotlandScotland and recorded on a weight ticket issued to the Purchaser. The weighing of each load shall be at the Purchaser's expense and weight tickets must be returned to Forestry and Land Scotland together with a copy of the approved conveyance note Forestry and Land Scotland Conveyance Note not more than ten Business Days after collection removal of the load to which each the weight ticket relates. Where in respect of any such load the Purchaser fails to return the weight ticket within the specified period then 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.
3.3 3.5 The Purchaser shall procure that:that:-
3.3.1 3.5.1 all vehicles use only using 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. Forestry and Land Scotland gives no warranty that any other road is suitable for use by vehicles;
3.3.2 3.5.2 all vehicles using Authorised Access Routes 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 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 followingforegoing, 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 3.5.4 the use of any machine or method of working which in 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 on request from Forestry and Land Scotland;.
3.3.5 3.5.5 the Authorised Access Routes and all roads in and around the Work Site Stacking Sites (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by Forestry and Land Scotland) at all times are kept free of obstructions arising from the Purchaser’s 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;.
3.3.6 3.5.6 no unauthorised or unlawful discharges are made as a result of the Purchaser’s 's 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.
3.4 3.6 In the event that all or part of the Authorised Access Routes require to be repaired or maintained, Forestry and Land Scotland shall be entitled, after consultation with the Purchaser save in an emergency, to close all or part of the Authorised Access Routes while the work is carried out.
3.5 3.7 Where through no fault of the Purchaser, its employees, agents, contractors, sub- contractors and employees of any of them, any of the Authorised Access Routes requires repair Forestry and Land Scotland shall where practicable within ten Business Days of that fact being made known to 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 Scheduleschedule.
3.6 Where it appears to the Purchaser that the access within the Work Site or at the point of extraction to the Authorised Access Routes is not sufficient to enable the Purchaser to comply with the terms of the Agreement the Purchaser may apply in writing to Forestry and Land Scotland for consent to cut, fell and remove other trees owned by Forestry and Land Scotland, such consent shall not be unreasonable withheld and shall be confirmed (on such terms as Forestry and Land Scotland may determine which will include payment at the agreed market value) or denied in writing within ten Business Days of application.
3.7 3.8 Without prejudice to any other rights of Forestry and Land Scotland the Purchaser shall be liable for any wilful, reckless or negligent damage (including without limitation damage resulting from any failure to comply with specified in Clause 14.314.2) due to any act or default of the Purchaser or the Purchaser's employees, agents, contractors, sub-contractors or the employees of any of them and shall recompense or make good the same to the satisfaction of Forestry and Land Scotland within ten Business Days where practicable of its occurrence.
3.8 If the Purchaser shall fell, cut, remove or damage in any way any standing tree not intended to be so felled, cut or removed pursuant to this Agreement (other than as provided in Clause 3.6) then the Purchaser shall pay to Forestry and Land Scotland immediately on demand three times the then market value of the standing tree and, at its sole discretion, Forestry and Land Scotland may retain the wood or timber represented by the said tree.
3.9 If the Purchaser shall again fell, cut or remove or damage in contravention of Clause
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Samples: Standard Contract for the Sale of Sawlogs by Weight
