Common use of SALE OF THE PRODUCTS Clause in Contracts

SALE OF THE PRODUCTS. 2.1 Pursuant to and subject to the terms and conditions of this Agreement the Commission shall sell and the Purchaser shall purchase the Total Estimated Volume, with effect that in each Period the Commission shall sell and the Purchaser shall purchase the Quantity for the relevant Period. 2.2 Neither party will be deemed to be in breach of Clause 2.1 where the amount of Products made available or taken in each and every Period is within plus or minus 10% of the Quantity for the relevant Period. 2.3 If the Commission should make available or the Purchaser should take from the Commission in any Period less than the Minimum Quantity for the relevant Period then the provisions of Clause 2.4 shall apply. 2.4.1 In the Period ending with the Expiry Date then the party not responsible for the Shortfall shall have the right to change the Expiry Date in accordance with Clause 6.1.3, or to invoke either Clause 3.10, 3.11 or Clauses 6.6 and 6.7 (which ever is the relevant clause/s), or to hold the responsible party to be in breach of this Agreement. If Clause 6.1.3 is invoked the price to be paid for the Shortfall shall be determined in accordance with Clause 7.8 hereof. 2.4.2 For any other Period of this Agreement the party not responsible for the Shortfall shall have the right to require that the Shortfall shall be made up in the following Period, and the price to be paid for the Shortfall made up in a succeeding Period shall be determined in accordance with Clause 7.9 hereof, or to invoke either Clause 3.10 or 3.11 (which ever is the relevant clause). 2.5 The Quantity, the proportions of different species and the range of tree sizes within the Quantity will be approximately the same for each Period unless otherwise agreed. 2.6 Within 1 month after the end of each Period the parties shall record in writing the amount of Products made available and taken in that Period. If the parties fail to agree on what amount was so made available and/or taken, either party may refer the matter to the Inspector in accordance with Clause 11.1, who shall, within two months after the end of the said Period, prepare a report showing the total amount of the Products which the Commission has made available and/or the Purchaser has taken in that Period.

SALE OF THE PRODUCTS. 2.1 Pursuant to and subject to the terms and conditions of this Agreement the Commission shall sell and the Purchaser shall purchase the Total Estimated VolumeQuantity, with effect that in each Period the Commission shall sell and the Purchaser shall purchase the Quantity for the relevant Period. 2.2 Neither party will be deemed to be in breach of Clause 2.1 where the amount of Products made available or taken in each and every Period is within plus or minus 10% of the Quantity for the relevant Period. 2.3 If the Commission should make available or the Purchaser should take from the Commission in any Period less than the Minimum Quantity for the relevant Period then the provisions of Clause 2.4 shall apply. 2.4.1 In the Period ending with the Expiry Date then the party not responsible for the Shortfall shall have the right to change the Expiry Date in accordance with Clause 6.1.3, or to invoke either Clause 3.10, 3.11 or Clauses 6.6 and 6.7 (which ever is the relevant clause/s), or to hold the responsible party to be in breach of this Agreement. If Clause 6.1.3 is invoked the price to be paid for the Shortfall shall be determined in accordance with Clause 7.8 hereof. 2.4.2 For any other Period of this Agreement the party not responsible for the Shortfall shall have the right to require that the Shortfall shall be made up in the following Period, and the price to be paid for the Shortfall made up in a succeeding Period shall be determined in accordance with Clause 7.9 hereof, or to invoke either Clause 3.10 or 3.11 (which ever is the relevant clause). 2.5 The QuantityIf the Commission should make available in any Period more than the Maximum Quantity for the relevant period, then the proportions provisions of different species and the range of tree sizes within the Quantity will be approximately the same for each Period unless otherwise agreedclause 2.6 shall apply. 2.6 Within 1 month after 2.6.1 In the end of each Period ending with the parties Expiry Date then the Purchaser shall record in writing have the amount of Products made available and taken in that Period. If right to change the parties fail to agree on what amount was so made available and/or taken, either party may refer the matter to the Inspector Expiry Date in accordance with Clause 11.1, who shall, within two months after the end of the said Period, prepare a report showing the total amount of the Products which the Commission has made available and/or the Purchaser has taken in that Period6.1.

SALE OF THE PRODUCTS. 2.1 Pursuant to and subject to the terms and conditions of this Agreement the Commission shall sell and the Purchaser shall purchase the Total Estimated Volume, with effect that Quantity and in part performance thereof in each Period the Commission shall sell and the Purchaser shall purchase the Quantity for the relevant Period. 2.2 Neither party will be deemed to be in breach of Clause 2.1 where the amount of Products made available or taken uplift in each and every Period is within plus or minus 10% of the Quantity for the relevant PeriodQuantity. 2.3 If the Commission should make available or the Purchaser should take uplift from the Commission in any Period less than the Minimum Quantity for the relevant Period then the provisions of Clause 2.4 shall apply. 2.4.1 In the Supply Period ending with the Expiry Date then the party not responsible for the Shortfall shall have the right to change the Expiry Date in accordance with Clause 6.1.3, or to invoke either Clause 3.103.9, 3.11 3.10 or Clauses 6.6 and 6.7 (which ever whichever is the relevant clause/s), or to hold the responsible party to be in breach of this Agreement. If Clause 6.1.3 is invoked the price to be paid for the Shortfall shall be determined in accordance with Clause 7.8 hereof. 2.4.2 For any other Supply Period of this Agreement the party not responsible for the Shortfall shall have the right to require that the Shortfall shall be made up in the following Period, and the price to be paid for the Shortfall made up in a succeeding Period shall be being determined in accordance with Clause 7.9 hereof., or to invoke either Clause 3.9 or 3.10 or 3.11 (which ever whichever is the relevant clause). 2.5 The Quantity, the proportions of different species and of the range classification of tree sizes Products within the Quantity will be approximately the same for each Period unless otherwise agreed. 2.6 Within 1 month after the end of each Period the parties shall record in writing the amount of Products made available and taken in that Period. If the parties fail to agree on what the amount was so made available and/or or taken, either party may refer the matter to the Inspector in accordance with Clause 11.111.4, who shall, within two 2 months after the end of the said Period, prepare a report showing the total amount of the Products which the Commission has made available and/or the Purchaser has taken from the Commission in that Period.

SALE OF THE PRODUCTS. 2.1 Pursuant to and subject to the terms and conditions of this Agreement the Commission Forestry and Land Scotland shall sell and the Purchaser shall purchase the Total Estimated Volume, with effect that Quantity and in part performance thereof in each Period the Commission Forestry and Land Scotland shall sell and the Purchaser shall purchase the Quantity for the relevant Period. 2.2 Neither party will be deemed to be in breach of Clause 2.1 where the amount of Products made available or taken in each and every Period is within plus or minus 10% of the Quantity for the relevant PeriodQuantity. 2.3 If the Commission Forestry and Land Scotland should make available or the Purchaser should take uplift from the Commission Forestry and Land Scotland in any Period less than the Minimum Quantity for the relevant Period then the provisions of Clause 2.4 shall apply. 2.4.1 In the Supply Period ending with the Expiry Date then the party not responsible for the Shortfall shall have the right to change the Expiry Date in accordance with Clause 6.1.3, or to invoke either Clause 3.10, 3.11 3.10 or Clauses 6.6 and 6.7 (which ever whichever is the relevant clause/s), or to hold the responsible party to be in breach of this Agreement. If Clause 6.1.3 is invoked the price to be paid for the Shortfall shall be determined in accordance with Clause 7.8 hereof. 2.4.2 For any other Supply Period of this Agreement the party not responsible for the Shortfall shall have the right to require that the Shortfall shall be made up in the following Period, and the price to be paid for the Shortfall made up in a succeeding Period shall be being determined in accordance with Clause 7.9 hereof., or to invoke either Clause 3.9 or 3.10 or 3.11 (which ever whichever is the relevant clause). 2.5 The Quantity, the proportions of different species and of the range classification of tree sizes Products within the Quantity will be approximately the same for each Period unless otherwise agreed. 2.6 Within 1 month after the end of each Period the parties shall record in writing the amount of Products made available and taken in that Period. If the parties fail to agree on what the amount was so made available and/or or taken, either party may refer the matter to the Inspector in accordance with Clause 11.111.4, who shall, within two 2 months after the end of the said Period, prepare a report showing the total amount of the Products which the Commission Forestry and Land Scotland has made available and/or the Purchaser has taken from Forestry and Land Scotland in that Period.

SALE OF THE PRODUCTS. 2.1 Pursuant to and subject to the terms and conditions of this Agreement the Commission shall sell and the Purchaser shall purchase the Total Estimated Volume, with effect that Quantity and in part performance thereof in each Period the Commission shall sell and the Purchaser shall purchase the Quantity for the relevant Period. 2.2 Neither party will be deemed to be in breach of Clause 2.1 where the amount of Products made available or taken in each and every Period is within plus or minus 10% of the Quantity for the relevant PeriodQuantity. 2.3 If the Commission should make available or the Purchaser should take uplift from the Commission in any Period less than the Minimum Quantity for the relevant Period then the provisions of Clause 2.4 shall apply. 2.4.1 In the Supply Period ending with the Expiry Date then the party not responsible for the Shortfall shall have the right to change the Expiry Date in accordance with Clause 6.1.3, or to invoke either Clause 3.10, 3.11 3.10 or Clauses 6.6 and 6.7 (which ever whichever is the relevant clause/s), or to hold the responsible party to be in breach of this Agreement. If Clause 6.1.3 is invoked the price to be paid for the Shortfall shall be determined in accordance with Clause 7.8 hereof. 2.4.2 For any other Supply Period of this Agreement the party not responsible for the Shortfall shall have the right to require that the Shortfall shall be made up in the following Period, and the price to be paid for the Shortfall made up in a succeeding Period shall be being determined in accordance with Clause 7.9 hereof., or to invoke either Clause 3.9 or 3.10 or 3.11 (which ever whichever is the relevant clause). 2.5 The Quantity, the proportions of different species and of the range classification of tree sizes Products within the Quantity will be approximately the same for each Period unless otherwise agreed. 2.6 Within 1 month after the end of each Period the parties shall record in writing the amount of Products made available and taken in that Period. If the parties fail to agree on what the amount was so made available and/or or taken, either party may refer the matter to the Inspector in accordance with Clause 11.111.4, who shall, within two 2 months after the end of the said Period, prepare a report showing the total amount of the Products which the Commission has made available and/or the Purchaser has taken from the Commission in that Period.

SALE OF THE PRODUCTS. 2.1 Pursuant The Agreement to and sell the Products to You shall be created by the acceptance by Us of Your Bid, such acceptance being by electronic mail. The Agreement will constitute a valid contract for sale, which will be subject to these terms and conditions, together with the remaining Lot Information and Conditions and such other terms and conditions as We may agree between Us. In the event that We are unable, for whatever reason, to send such acceptance by electronic mail, acceptance shall be sent by first class recorded delivery post to the address stated in Your user profile section of this the Website. 2.2 Pursuant to the Agreement the Commission We shall sell and the Purchaser You shall purchase the Total Estimated VolumeQuantity, with effect that in each Period the Commission We shall sell and the Purchaser You shall purchase the Quantity for the relevant Period. 2.2 2.3 Neither party will be deemed to be in breach of Clause 2.1 their obligations where the amount of Products made available available, purchased or taken uplifted in each and every Period is within plus or minus 10% of the Quantity for the relevant PeriodQuantity. 2.3 2.4 If the Commission We should make available or the Purchaser You should take uplift from the Commission Us in any Period less than the Minimum Quantity for the relevant Period then the provisions of Clause Condition 2.4 shall apply. 2.4.1 2.5.1 In the Period ending with the Expiry Date then the party not responsible for the Shortfall shall have the right to change the Expiry Date in accordance with Clause Condition 6.1.3, or to invoke either Clause 3.10Condition 3.9, 3.11 3.10 or Clauses Conditions 6.6 and 6.7 (which ever whichever is the relevant clausecondition/s), or to hold the responsible party to be in breach of this the Agreement. If Clause Condition 6.1.3 is invoked the price to be paid for the Shortfall shall be determined in accordance with Clause Condition 7.8 hereof. 2.4.2 2.5.2 For any other Period of this the Agreement the party not responsible for the Shortfall shall have the right to require that the Shortfall shall be made up in the following Period, and Period (the price to be paid for the Shortfall made up in a succeeding Period shall be being determined in accordance with Clause Condition 7.9 hereof, ) or to invoke either Clause Condition 3.9 or 3.10 or 3.11 (which ever whichever is the relevant clausecondition). 2.5 The Quantity2.6 If We should make available in any Period more than the Maximum Quantity for the relevant period, then the proportions provisions of different species and the range of tree sizes within the Quantity will be approximately the same for each Period unless otherwise agreedclause 2.6 shall apply. 2.6 Within 1 month after 2.7.1 In the end of each Period ending with the parties Expiry Date then You shall record in writing have the amount of Products made available and taken in that Period. If right to change the parties fail to agree on what amount was so made available and/or taken, either party may refer the matter to the Inspector Expiry Date in accordance with Clause 11.1, who shall, within two months after the end of the said Period, prepare a report showing the total amount of the Products which the Commission has made available and/or the Purchaser has taken in that Period6.1.