Third Party Agency for dispatches by Road. In case of off-take of the Contracted Grade of Coal via road mode, the Seller shall choose third party agency to conduct the third party sampling from list of independent third parties provided by CIL from time to time. . It is clarified, that the Seller shall have the sole discretion and right to replace, substitute or change the third party sampling agency chosen by it.
Third Party Agency for dispatches by Road. 1.2.1 In case of off-take of the Contracted Grade of Coal via road mode, the Seller shall choose third party agency to conduct the third-party sampling from list of independent third parties provided by CIL from time to time. It is clarified that the Seller shall have the sole discretion and right to replace, substitute or change the third party sampling agency chosen by it.
1.2.2 The third-party agency chosen by the Seller shall conduct the third-party sampling throughout the Term/Period as applicable; provided that the Purchaser may make a written request (on reasonable grounds) to the Seller to change the third-party agency chosen by the Seller. In the event that the Seller does not accept the request of the Purchaser for change in the third- party agency, the Purchaser shall have the option to:
(a) terminate the arrangement for third party sampling availed by it hereunder, in which case, the Purchaser shall not be entitled to resume the third-party sampling at any time during the remainder of the Term; or
(b) to continue the arrangement for third party sampling for the remainder of the Term with the existing third-party agency chosen by the Seller.
1.2.3 Third-party sampling shall be done at the Delivery Point and the costs in this regard shall be borne equally by the Purchaser and the Seller.
