Common use of Weighing and Quality Clause in Contracts

Weighing and Quality. (a) The Client authorises Viterra to use such weighing systems, equipment and any processes (including Composite Sampling) as Viterra considers appropriate at a Viterra Facility to determine the outturn tonnages and quality. (b) Viterra will use the receival weights of site to site movements within the Viterra Facility on all stock records of the Client. (c) The Client is bound by the determinations made under clause 7.5(a) and the records of those determinations (including maximum permissible errors), in the absence of manifest error. The Client agrees that it is not a manifest error if the relevant determination is within the maximum permissible error as permitted by law or through generally accepted industry practice.

Weighing and Quality. (a) The Client authorises Viterra to use such weighing systems, equipment and any processes (including Composite Sampling) as Viterra considers appropriate at a Viterra Facility to determine the outturn receival tonnages and quality. (b) Viterra will use the receival weights of site to site movements within the Viterra Facility on all stock records of the Client. (c) The Client is bound by the determinations made under clause 7.5(a) and the records of those determinations (including maximum permissible errors), in the absence of manifest error. The Client agrees that it is not a manifest error if the relevant determination is within the maximum permissible error as permitted by law or through generally accepted industry practice.