Common use of Right to Invoice Prior to Outturning Clause in Contracts

Right to Invoice Prior to Outturning. If Grain is scheduled to be Outturned into a ship’s hold from a Port Terminal Facility, CBH reserves the right to invoice the Customer and receive payment for the Port Outturning Service charges prescribed in the Fees and Charges Schedule prior to the Grain being Outturned onto a ship. Where there are variations in respect of the amount of Grain actually Outturned and the costs incurred in Outturning, CBH and the Customer agree that: (a) within 30 days of the Grain being Outturned onto a ship, CBH will, subject to clause 9.1(c), refund any amounts paid by the Customer under this clause in respect of Port Outturning Service charges invoiced by CBH relating to Grain that was not Outturned onto a ship; and (b) CBH is entitled to invoice the Customer for any additional charges prescribed in the Fees and Charges Schedule for Grain Outturned by CBH as a direct result of the actions of the Customer or the Customer’s agent.

Right to Invoice Prior to Outturning. If Grain Bulk Wheat is scheduled to be Outturned into a ship’s ship‟s hold from a Port Terminal Facility, CBH reserves the right to invoice the Customer and receive payment for the Port Outturning Service charges prescribed in the Fees and Charges Schedule 1 prior to the Grain Bulk Wheat being Outturned onto a ship. Where there are variations in respect of the amount of Grain Bulk Wheat actually Outturned and the costs incurred in Outturning, CBH and the Customer agree that: (a) within 30 days of the Grain Bulk Wheat being Outturned onto a ship, CBH will, subject to clause 9.1(c), refund any amounts paid by the Customer under this clause in respect of Port Outturning Service charges invoiced by CBH relating to Grain Bulk Wheat that was not Outturned onto a ship; and (b) CBH is entitled to invoice the Customer for any additional charges prescribed in the Fees and Charges Schedule 1 for Grain Bulk Wheat Outturned by CBH as a direct result of the actions of the Customer or the Customer’s Customer‟s agent.