REMOVAL OF THE PRODUCTS. 3.1 We shall in respect of each Period after consultation with You, notify You in writing of the Supply Period. 3.2 For the purposes of the Agreement only and subject to 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 3.2.2 (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; 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 quantity of Products supplied and purchased under the Agreement and the price payable for such Products will be calculated by reference to the volume of the products, which 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 removed by You shall be measured as described in Condition
Appears in 1 contract
Samples: Terms and Conditions for Volume Period Purchase of Sawlogs
REMOVAL OF THE PRODUCTS. 3.1 We shall in respect of each Period after consultation with You, notify You in writing of the Supply Period.
3.2 For the purposes of the this Agreement only and subject to Condition 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, the Commission shall allow You the Purchaser 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 Uplift Commencement Date and the Removal Date which Products are available in accordance with 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 Notificationthis Agreement.
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;
3.3.4 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) Youthe Purchaser, Your its employees, agents, contractors, sub-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.
3.2 The Commission shall in each Period after consultation with the Purchaser notify in writing the Purchaser of the Felling Commencement Date, the Felling Removal Date and the Felling Order.
3.3 The Purchaser shall procure that:-
3.3.1 all vehicles use only the Authorised Access Routes and are, when loaded, within the weight limits defined by the road classification or as otherwise specified on the Sale Map. No warranty is given by the Commission that any other road is suitable for use by vehicles;
3.3.2 all vehicles are driven and used with all proper care and driven at such speed as shall be reasonable in all the circumstances including without limitation the nature of the route and vehicular load, and the prevailing weather and road conditions;
3.3.3 every reasonable precaution is taken to prevent any damage to the Authorised Access Routes including, without prejudice to the generality of the foregoing or the following, ensuring they are not used after exceptionally heavy rains or during or after a thaw, until suitable for use without causing damage;
3.3.4 the use of any machine or method of working which in the opinion of the Commission is causing, or is likely to cause, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped on request from the Commission;
3.3.5 the Authorised Access Routes and all roads in and around the Work Site (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by the Commission) at all times are kept free of obstructions arising from the Purchaser’s 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 The quantity In the event that all or part of Products supplied the Authorised Access Routes require to be repaired or maintained, 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 purchased under employees of any of them, any of the Authorised Access Routes requires repair the Commission shall where practicable within ten Business Days of that fact being made known to 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 and the price payable for such Products will be calculated by reference Purchaser may apply in writing to the volume Commission for consent to cut, fell and remove other trees owned by the Commission, such consent shall not be unreasonably withheld and shall be confirmed (on such terms as 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 the productsCommission the Purchaser shall be liable for any wilful, which for this purpose means their assumed volume derived reckless or negligent damage (including without limitation damage resulting from the weight any failure to comply with Clause 14. 3) due to any act or default of the Products supplied Purchaser or the Purchaser's employees, agents, contractors, sub- contractors or the employees of any of them and upliftedshall recompense or make good the same to the satisfaction of the Commission within ten Business Days where practicable of its occurrence.
3.8 If the Purchaser shall fell, cut, remove or damage in accordance with 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 the following procedures: -Purchaser shall pay to the Commission immediately on demand three times the then market value of the standing tree and, at its sole discretion, the Commission may retain the tree or timber represented by the said tree.
3.4.1 3.9 If the first load removed by You Purchaser shall be measured as described again fell, cut or remove or damage in Conditioncontravention of Clause
Appears in 1 contract
REMOVAL OF THE PRODUCTS. 3.1 We shall in respect of each Period after consultation with You, notify You in writing of the Supply Period.
3.2 For the purposes of the this Agreement only and subject to Condition 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, the Commission shall allow You the Purchaser 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 Uplift Commencement Date and the Removal Date which Products are available in accordance with 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 Notificationthis Agreement.
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;
3.3.4 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) Youthe Purchaser, Your its employees, agents, contractors, sub-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.
3.2 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 the Commission.
3.3 The Purchaser shall procure that:-
3.3.1 all vehicles use only the Authorised Access Route and are, when loaded, within the weight limits defined by the road classification or as otherwise specified on the Sale Map. No warranty is given by the Commission that any other road is suitable for use by vehicles;
3.3.2 all vehicles are driven and used with all proper care and driven at such speed as shall be reasonable in all the circumstances including without limitation the nature of the route and vehicular load, and the prevailing weather and road conditions;
3.3.3 every reasonable precaution is taken to prevent any damage to the Authorised Access Routes including, without prejudice to the generality of the foregoing or the following, ensuring they are not used after exceptionally heavy rains or during or after a thaw, until suitable for use without causing damage;
3.3.4 the use of any machine or method of working which in the opinion of the Commission is causing, or is likely to cause, avoidable damage to standing trees, any road, path, track or drain, or to other property, is stopped on request from the Commission;
3.3.5 the Authorised Access Routes and all roads in and around the Work Site (including, for the avoidance of doubt all public rights of way and access, unless specifically agreed by the Commission) at all times are kept free of obstructions arising from the Purchaser’s 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 The quantity In the event that all or part of Products supplied the Authorised Access Routes require to be repaired or maintained, 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 purchased under employees of any of them, any of the Authorised Access Routes requires repair the Commission shall where practicable within ten Business Days of that fact being made known to 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 and the price payable for such Products will be calculated by reference Purchaser may apply in writing to the volume Commission for consent to cut, fell and remove other trees owned by the Commission, such consent shall not be unreasonably withheld and shall be confirmed (on such terms as 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 the productsCommission the Purchaser shall be liable for any wilful, which for this purpose means their assumed volume derived reckless or negligent damage (including without limitation damage resulting from the weight any failure to comply with Clause 14.3) due to any act or default of the Products supplied Purchaser or the Purchaser's employees, agents, contractors, sub- contractors or the employees of any of them and upliftedshall recompense or make good the same to the satisfaction of the Commission within ten Business Days where practicable of its occurrence.
3.8 If the Purchaser shall fell, cut, remove or damage in accordance with 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 the following procedures: -Purchaser shall pay to the Commission immediately on demand three times the then market value of the standing tree and, at its sole discretion, the Commission may retain the tree or timber represented by the said tree.
3.4.1 3.9 If the first load removed by You Purchaser shall be measured as described again fell, cut or remove or damage in Conditioncontravention of Clause
Appears in 1 contract
Samples: Standard Contract for the Sale of Standing Trees by Lump Sum
REMOVAL OF THE PRODUCTS. 3.1 We shall in respect of each Period after consultation with You, notify You in writing of the Supply Period.
3.2 For the purposes of the Agreement only and subject to Condition Conditions 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 Uplift Commencement Date and the Removal Date which Products are available in accordance with 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 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;
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 The quantity 3.2 We shall in each Period after consultation with You notify You in writing of Products supplied and purchased under the Agreement Felling Commencement Date, the Felling Removal Date and the price payable Felling Order.
3.3 You shall procure that:-
3.3.1 all vehicles use only the Authorised Access Routes and are, when loaded, within the weight limits defined by the road classification or as otherwise specified on the Sale Map. No warranty is given by the Us 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 Products will speed as shall be calculated by reference 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 volume Authorised Access Routes including, without prejudice to the generality of the productsforegoing 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 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 on Our request;
3.3.5 the Authorised Access Routes and all roads in and around the Work Site (including, for this purpose means their assumed volume derived 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 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;
3.3.6 no unauthorised or unlawful discharges are made as a result of 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 weight environment.
3.4 In the event that all or part of the Products supplied and uplifted, in accordance with the following procedures: -
3.4.1 the first load removed by You Authorised Access Routes require to be repaired or maintained We shall be measured 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.
3.5 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 described stated in Conditionthe Lot Information and Conditions.
Appears in 1 contract
Samples: Terms and Conditions for Purchase of Standing Trees
