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 nominated by Viterra to determine the receival tonnages and quality. (b) For receival from rail transport at a Port Terminal Facility, the Client authorises Viterra to use Viterra’s or the rail service provider’s nominated weighing equipment (if available), to determine the receival tonnage. (c) Viterra will use the receival weights of site to site movements on all stock records of the Client. (d) The Client is bound by the determinations made under clauses 5.5(a) and 5.5(b), 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 the weighing systems, equipment, and any processes equipment nominated by Viterra to determine the receival tonnages and qualitytonnages. (b) For receival from rail transport at a Port Terminal Facility, the Client authorises Viterra to use Viterra’s or the rail service provider’s nominated weighing equipment (if available), to determine the receival tonnage. (c) Viterra will use the receival weights of site to site movements on all stock records of the Client. (da) The Client is bound by the determinations made under clauses 5.5(a) and 5.5(b), 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 the weighing systems, equipment, and any processes equipment nominated by Viterra to determine the receival tonnages and qualitytonnages. (b) For receival from rail transport at a Port Terminal Facility, the Client authorises Viterra to use Viterra’s or the rail service provider’s nominated weighing equipment (if available), to determine the receival tonnage. (c) Viterra will use the receival weights of site to site movements on all stock records of the Client. (d) The Client is bound by the determinations made under clauses 5.5(a) and 5.5(b), 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.