Common use of Weighing Clause in Contracts

Weighing. 5.1. In order to calculate the quantity of Grain delivered to a Port Terminal Facility: (a) all Grain delivered by road to the Port Terminal Facilities for unloading must be weighed using CBH’s weighing facilities operated by CBH personnel recording the gross and tare weights of the road vehicles containing the loads of Grain; (b) if the Grain is delivered by rail from a CBH Site upcountry, the weight will be determined by referencing the weight of the load determined by CBH at the relevant upcountry Site (CBH Weight); and (c) if the Grain is delivered by rail from a third party site and where the Port Terminal Facilities have such facilities, CBH will batch weigh the Grain unloaded from rail vehicles into the grid. 5.2. If Grain is delivered a Port Terminal Facility by rail pursuant to clause 5.1(b) of this Schedule 6, CBH may elect to batch weigh the Grain at the Port Terminal Facility. If, following an audit by CBH under this clause 7.2 of this Schedule 7, there is a discrepancy of more than 2.5% between the CBH Weight and the weight determined by CBH at Port (“Weight Shortfall”), CBH may deduct the relevant Weight Shortfall from the Customer’s Grain Entitlement and charge the Customer the Rail Weighing Fee as set out in the Fees and Charges Schedule. 5.3. In all cases, CBH must provide the Customer with a weighbridge ticket or other statement certifying the weight and quantity of Grain delivered to the Port Terminal Facility and confirming the name of the person in whose name the Grain is delivered based on the information contained in the Customer’s Direct to Port Delivery Declaration Form and Direct to Port Sample Declaration Form provided to CBH at or prior to the delivery of each load of Grain at the Port Terminal Facility.

Weighing. 5.16.1. In order to calculate the quantity of Grain delivered to a Port Terminal Facility: (a) all Grain delivered by road to the Port Terminal Facilities for unloading must be weighed using CBH’s weighing facilities operated by CBH personnel recording the gross and tare weights of the road vehicles containing the loads of Grain; (b) if the Grain is delivered by rail from a CBH Site upcountry, the weight will be determined by referencing the weight of the load as determined by CBH personnel at the relevant upcountry Site (“CBH Weight”); and (c) if the Grain is delivered by rail from a third party site and where the Port Terminal Facilities have such facilities, CBH will batch weigh the Grain unloaded from rail vehicles into the grid. 5.26.2. If Grain is delivered a Port Terminal Facility by rail pursuant to clause 5.1(b6.1(b) of this Schedule 64, CBH may elect to conduct an audit and batch weigh the Grain at delivered to the Port Terminal Facility. If, following an audit by CBH under this clause 7.2 6.2 of this Schedule 74, there is a discrepancy of more than 2.5% between the CBH Weight and the weight determined by CBH at Port (“Weight Shortfall”), CBH may deduct the relevant Weight Shortfall from the Customer’s Grain Entitlement and charge the Customer the Rail Weighing Fee as set out in the Fees and Charges Schedule. 5.36.3. In all cases, CBH must provide the Customer with a weighbridge ticket or other statement certifying the weight and quantity of Grain delivered to the Port Terminal Facility and confirming the name of the person in whose name the Grain is delivered based on the information contained in the Customer’s Direct to Port Delivery Declaration Form and Direct to Port Sample Declaration Form provided to CBH at or prior to the delivery of each load of Grain at the Port Terminal Facility.

Weighing. 5.17.1. In order to calculate the quantity of Grain delivered to a Port Terminal Facility: (a) all Grain delivered by road to the Port Terminal Facilities for unloading must be weighed using CBH’s weighing facilities operated by CBH personnel recording the gross and tare weights of the road vehicles containing the loads of Grain; (b) if the Grain is delivered by rail from a CBH Site upcountry, the weight will be determined by referencing the weight of the load as determined by CBH personnel at the relevant upcountry Site (“CBH Weight”); and (c) if the Grain is delivered by rail from a third party site and where the Port Terminal Facilities have such facilities, CBH will batch weigh the Grain unloaded from rail vehicles into the grid. 5.27.2. If Grain is delivered a Port Terminal Facility by rail pursuant to clause 5.1(b7.1(b) of this Schedule 67, CBH may elect to conduct an audit and batch weigh the Grain at delivered to the Port Terminal Facility. If, following an audit by CBH under this clause 7.2 of this Schedule 7, there is a discrepancy of more than 2.5% between the CBH Weight and the weight determined by CBH at Port (“Weight Shortfall”), CBH may deduct the relevant Weight Shortfall from the Customer’s Grain Entitlement and charge the Customer the Rail Weighing Fee as set out in the Fees and Charges Schedule. 5.37.3. In all cases, CBH must provide the Customer with a weighbridge ticket or other statement certifying the weight and quantity of Grain delivered to the Port Terminal Facility and confirming the name of the person in whose name the Grain is delivered based on the information contained in the Customer’s Direct to Port Delivery Declaration Form and Direct to Port Sample Declaration Form provided to CBH at or prior to the delivery of each load of Grain at the Port Terminal Facility.