Common use of SPECIFICATION AND QUALITY Clause in Contracts

SPECIFICATION AND QUALITY. 3.1 Wood chips sold hereunder shall be of a quality which is satisfactory for use in a kraft pulp mill of the type being operated by Domtar and shall meet the wood chip specifications set forth in Exhibit “A”. Future changes to the chip specifications in Exhibit “A” will be agreed upon by both parties before implementation. 3.2 Weyerhaeuser will make statistically valid measurements and tests (sample audit) to validate that chip deliveries meet specifications and report findings to Domtar on a monthly basis. If the sample audit determines the chips to be out of specification, Weyerhaeuser will report the action steps and timelines expected to correct the issue. Domtar will periodically review Weyerhaeuser’s sample audit process for reliability and provide Weyerhaeuser recommendations for improvement. Domtar will make statistically valid measurements and tests as it, in its absolute discretion, deems necessary to determine the quantity and quality of wood chips supplied by Weyerhaeuser. Domtar will communicate the results of the measurements and tests in a timely manner. 3.3 In recognition that an individual trailer load or partial trailer load of chips that fails to conform to the specifications set forth in Exhibit “A” may cause Domtar unacceptable handling, production or quality problems, Domtar may reject such loads not meeting the specifications in any manner Domtar chooses without holding such chips for Weyerhaeuser’s further inspection. Unless otherwise agreed, Domtar shall not pay Weyerhaeuser for any chips not meeting specifications under the terms of Exhibit “A”. In the event a trailer load or partial trailer load of chips is found not to meet the chip specifications set forth in Exhibit “A”, Domtar shall have the right to refuse further deliveries of chips until such time Domtar is satisfied that satisfactory steps have been taken by Weyerhaeuser to rectify the cause of the failure to meet the chip specifications.

Appears in 1 contract

Samples: Pine Chip Supply Agreement (Domtar CORP)

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SPECIFICATION AND QUALITY. 3.1 Wood chips Pine and Hardwood Roundwood sold hereunder shall be of a quality which is satisfactory for use in a kraft pulp mill of the type being operated by Domtar and shall meet the wood chip roundwood log specifications set forth in Exhibit “A”. 3.2 Payment will be made in accordance with Exhibit “B” and only for the actual quantity of Pine and Hardwood Roundwood that meet the specifications set forth in Exhibit “A”. Future changes to the chip specifications in Exhibit “A” No payment will be agreed upon by both parties before implementationmade for Pine and Hardwood Roundwood which, for any reason, fail to meet these specifications. 3.2 Weyerhaeuser will make statistically valid measurements and tests (sample audit) to validate that chip deliveries meet specifications and report findings to 3.3 Domtar on a monthly basis. If the sample audit determines the chips to be out of specification, Weyerhaeuser will report the action steps and timelines expected to correct the issue. Domtar will periodically review Weyerhaeuser’s sample audit process for reliability and provide Weyerhaeuser recommendations for improvement. Domtar will shall make statistically valid measurements and tests as it, in its absolute discretion, deems necessary to determine the quantity and quality of wood chips Pine and Hardwood Roundwood supplied by Weyerhaeuser. Domtar will shall communicate the results of the measurements and tests in a timely manner. Weyerhaeuser shall accept and be bound by such measurements and tests, and the results thereof, subject always to Weyerhaeuser’s right to verify said measurements, tests and results upon reasonable prior notice and during regular business hours. Any correction required to be made by a party to an amount paid for a particular shipment of Pine and Hardwood Roundwood as a result of this Section 3.3 shall not, in any case, be made to an amount paid for a shipment of Pine and Hardwood Roundwood delivered more than 90 days prior to such measurement and testing. 3.3 3.4 In recognition the event that an individual trailer load or partial trailer load of chips that Pine and Hardwood Roundwood fails to conform to the specifications set forth in Exhibit “A” may cause Domtar unacceptable handling, production or quality problems, Domtar may reject such loads not meeting the specifications in any manner Domtar chooses without holding such chips for Weyerhaeuser’s further inspection. Unless otherwise agreed, Domtar shall not pay Weyerhaeuser for any chips not meeting specifications under the terms of Exhibit “A”. In the event a trailer load or partial trailer load of chips is found not to meet the chip specifications set forth in Exhibit “A”, Domtar shall have the right to refuse acceptance of any such trailer load or partial load upon delivery at scales. Domtar shall have the right to refuse further deliveries of chips Pine and Hardwood Roundwood until such time Domtar is satisfied that satisfactory steps have been taken by Weyerhaeuser to rectify the cause of the failure to meet the chip specificationsPine and Hardwood Roundwood specifications set forth in Exhibit “A”.

Appears in 1 contract

Samples: Pine and Hardwood Roundwood Supply Agreement (Domtar CORP)

SPECIFICATION AND QUALITY. 3.1 Wood In-xxxxx chips sold hereunder shall be of a quality which is satisfactory for use in a kraft pulp mill of the type being operated by Domtar and shall meet the wood pine chip specifications set forth in Exhibit “A”. Future changes to . 3.2 Payment will be made in accordance with Exhibit “B” and only for the chip actual quantity of chips that meet the specifications set forth in Exhibit “A”. No payment will be agreed upon by both parties before implementationmade for chips which, for any reason, fail to meet these specifications. 3.2 Weyerhaeuser will make statistically valid measurements and tests (sample audit) to validate that chip deliveries meet specifications and report findings to 3.3 Domtar on a monthly basis. If the sample audit determines the chips to be out of specification, Weyerhaeuser will report the action steps and timelines expected to correct the issue. Domtar will periodically review Weyerhaeuser’s sample audit process for reliability and provide Weyerhaeuser recommendations for improvement. Domtar will shall make statistically valid measurements and tests as it, in its absolute discretion, deems necessary to determine the quantity and quality of wood in-xxxxx chips supplied by Weyerhaeuser. Domtar will shall communicate the results of the measurements and tests in a timely manner. Weyerhaeuser shall accept and be bound by such measurements and tests, and the results thereof, subject always to Weyerhaeuser’s right to verify said measurements, tests and results upon reasonable prior notice and during regular business hours. Any correction required to be made by a party to an amount paid for a particular shipment of chips as a result of this Section 3.3 shall not, in any case, be made to an amount paid for a shipment of chips delivered more than 90 days prior to such measurement and testing. 3.3 3.4 In recognition that an individual trailer load or partial trailer load of chips that fails to conform to the specifications set forth in Exhibit “A” may cause Domtar unacceptable handling, production or quality problems, Domtar may shall reject such loads not meeting the specifications in any manner Domtar chooses without holding such chips for Weyerhaeuser’s further inspection. Unless otherwise agreed, Domtar shall not pay Weyerhaeuser for any chips not meeting specifications under the terms of Exhibit “A”specifications. In the event a trailer load or partial trailer load of chips is found not to meet the chip specifications set forth in Exhibit “A”, Domtar shall have the right to refuse further deliveries of chips until such time Domtar is satisfied that satisfactory steps have been taken by Weyerhaeuser to rectify the cause of the failure to meet the chip specificationsspecifications under the terms of Exhibit “A”.

Appears in 1 contract

Samples: Pine in Woods Chip Supply Agreement (Domtar CORP)

SPECIFICATION AND QUALITY. 3.1 Wood chips hog fuel sold hereunder shall be of a quality which is satisfactory for use in a kraft pulp mill boilers of the type being operated by Domtar and shall meet the wood chip hog fuel specifications set forth in Exhibit “A”. Future changes to the chip specifications in Exhibit “A” will be agreed upon by both parties before implementation. 3.2 Weyerhaeuser will make statistically valid measurements and tests (sample audit) to validate that chip hog fuel deliveries meet specifications and report findings to Domtar on a monthly basis. If the sample audit determines the chips hog fuel to be out of specification, Weyerhaeuser will report the action steps and timelines expected to correct the issue. Domtar will periodically review Weyerhaeuser’s sample audit process for reliability and provide Weyerhaeuser recommendations for improvement. Domtar will make statistically valid measurements and tests as it, in its absolute discretion, deems necessary to determine the quantity and quality of wood chips hog fuel supplied by Weyerhaeuser. Domtar will shall communicate the results of the measurements and tests in a timely manner. 3.3 In recognition that an individual trailer load or partial trailer load of chips hog fuel that fails to conform to the specifications set forth in Exhibit “A” may cause Domtar unacceptable handling, production or quality problems, Domtar may reject such loads not meeting the specifications in any manner Domtar chooses without holding such chips hog fuel for Weyerhaeuser’s further inspection. Unless otherwise agreed, Domtar shall not pay Weyerhaeuser for any chips hog fuel not meeting specifications under the terms of Exhibit “A”. In the event a trailer load or partial trailer load of chips hog fuel is found not to meet the chip hog fuel specifications set forth in Exhibit “A”, Domtar shall have the right to refuse further deliveries of chips hog fuel until such time Domtar is satisfied that satisfactory steps have been taken by Weyerhaeuser to rectify the cause of the failure to meet the chip hog fuel specifications.

Appears in 1 contract

Samples: Hog Fuel Supply Agreement (Domtar CORP)

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SPECIFICATION AND QUALITY. 3.1 Wood chips Pine and Hardwood Roundwood sold hereunder shall be of a quality which is satisfactory for use in a kraft pulp mill the Xxxxx of the type being operated by Domtar and shall meet the wood chip roundwood log specifications set forth in Exhibit “A”. 3.2 Payment will be made in accordance with Exhibit “B” and only for the actual quantity of Pine and Hardwood Roundwood that meet the specifications set forth in Exhibit “A”. Future changes to the chip specifications in Exhibit “A” No payment will be agreed upon by both parties before implementationmade for Pine and Hardwood Roundwood which, for any reason, fail to meet these specifications. 3.2 Weyerhaeuser will make statistically valid measurements and tests (sample audit) to validate that chip deliveries meet specifications and report findings to 3.3 Domtar on a monthly basis. If the sample audit determines the chips to be out of specification, Weyerhaeuser will report the action steps and timelines expected to correct the issue. Domtar will periodically review Weyerhaeuser’s sample audit process for reliability and provide Weyerhaeuser recommendations for improvement. Domtar will shall make statistically valid measurements and tests as it, in its absolute discretion, deems necessary to determine the quantity and quality of wood chips Pine and Hardwood Roundwood supplied by Weyerhaeuser. Domtar will shall communicate the results of the measurements and tests in a timely manner. Weyerhaeuser shall accept and be bound by such measurements and tests, and the results thereof, subject always to Weyerhaeuser’s right to verify said measurements, tests and results upon reasonable prior notice and during regular business hours. Any correction required to be made by a party to an amount paid for a particular shipment of Pine and Hardwood Roundwood as a result of this Section 3.3 shall not, in any case, be made to an amount paid for a shipment of Pine and Hardwood Roundwood delivered more than 90 days prior to such measurement and testing. 3.3 3.4 In recognition the event that an individual trailer load or partial trailer load of chips that Pine and Hardwood Roundwood fails to conform to the specifications set forth in Exhibit “A” may cause Domtar unacceptable handling, production or quality problems, Domtar may reject such loads not meeting the specifications in any manner Domtar chooses without holding such chips for Weyerhaeuser’s further inspection. Unless otherwise agreed, Domtar shall not pay Weyerhaeuser for any chips not meeting specifications under the terms of Exhibit “A”. In the event a trailer load or partial trailer load of chips is found not to meet the chip specifications set forth in Exhibit “A”, Domtar shall have the right to refuse acceptance of any such trailer load or partial load upon delivery at scales. Domtar shall have the right to refuse further deliveries of chips Pine and Hardwood Roundwood until such time Domtar is satisfied that satisfactory steps have been taken by Weyerhaeuser to rectify the cause of the failure to meet the chip specificationsPine and Hardwood Roundwood specifications set forth in Exhibit “A”.

Appears in 1 contract

Samples: Roundwood Supply Agreement (Domtar CORP)

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