Common use of WEIGHMENT OF COAL Clause in Contracts

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of Coal is delivered for dispatch by rail, each wagon shall be weighed at the weighbridge of the Seller at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 The weighbridges at the Delivery Point at Seller’s end shall be calibrated and maintained as per Applicable Laws. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Laws.

Appears in 6 contracts

Samples: Fuel Supply Agreement, Fuel Supply Agreement, Fuel Supply Agreement

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WEIGHMENT OF COAL. 7.1 If the Contracted Grade of Coal is delivered for dispatch by rail, each wagon weighment shall be weighed done at the Delivery Point by way of pre-weigh bin / weighbridge of the Seller at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter: 7.1.1 In case wagons are weighed on an a pre-weigh bin / electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by road, the weight recorded at the pre-weigh bin / weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized authorised representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 The pre-weigh bins / weighbridges at the Delivery Point at Seller’s end shall be calibrated and maintained as per Applicable Laws. The Seller shall regularly monitor the accuracy of the pre-weigh bins / weighbridges. If and when any pre-weigh bin / weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Laws.

Appears in 5 contracts

Samples: E Fuel Supply Agreement, E Fuel Supply Agreement, E Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of 6.1 When Coal is delivered for dispatch despatch by rail, each wagon shall be weighed at the weighbridge of the Seller weigh bridge at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receiptdocument. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter:. 7.1.1 6.1.1 In case wagons are weighed on an electronic weighbridge, weigh bridge the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways Railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 6.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 6.1.3 In the cases not covered by Clause 7.1.1 Clauses 6.1.1 or Clause 7.1.2 above6.1.2, the weight recorded on the relevant dispatch document/ railway receipt Railway Receipt (RR) as per existing practice of the railways Railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways Railways for such wagons on the basis of volumetric measurement. 7.2 If 6.1.4 The Purchaser shall be entitled to depute an authorised representative to witness the Contracted Grade weighment / loading of wagon at the Delivery Point. 6.2 When Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point delivery point and as mentioned in the dispatch document document, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 6.3 The weighbridges at the respective Delivery Point Points at Seller’s end shall be calibrated and maintained as per Applicable Lawsapplicable statutory provisions. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereofcalibration, wherever necessary, as per Applicable Laws.

Appears in 5 contracts

Samples: Coal Supply Agreement, Coal Supply Agreement, Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of 6.1 When Coal is delivered for dispatch despatch by rail, each wagon shall be weighed at the weighbridge of the Seller weigh bridge at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receiptdocument. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter:. 7.1.1 6.1.1 In case wagons are weighed on an electronic weighbridge, weigh bridge the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways Railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 6.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 6.1.3 In the cases not covered by Clause 7.1.1 Clauses 6.1.1 or Clause 7.1.2 above6.1.2, the weight recorded on the relevant dispatch document/ railway receipt Railway Receipt (RR) as per existing practice of the railways Railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways Railways for such wagons on the basis of volumetric measurement. 7.2 If 6.1.4 The Purchaser shall be entitled to depute an authorised representative to witness the Contracted Grade weighment / loading of wagon at the Delivery Point. 6.2 When Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document document, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 6.3 The weighbridges at the respective Delivery Point Points at Seller’s end shall be calibrated and maintained as per Applicable Lawsapplicable statutory provisions. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereofcalibration, wherever necessary, as per Applicable Laws.

Appears in 4 contracts

Samples: Coal Supply Agreement, Coal Supply Agreement, Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 5.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall send copies of duly signed print-outs of the recorded weight shall be entered in weighment to the relevant dispatch document/ railway receipt. Such recorded weight shall form Purchaser after weighment of each consignment beside annexing copy of such signed printouts alongwith the basis for raising bills xxxx(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 5.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic printout to the Seller within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be considered on Railway Receipt basis. 5.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective,/ not available for recording weight of the consignments of Coal , weighted average quantity of Coal per wagon ( to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal from that source at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the Railway Receipts (RRs). 5.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 5.1 and 5.2, shall be final and binding. 5.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards and also whenever required. The Both the Seller and the Purchaser shall regularly monitor have right to witness the accuracy calibration of the weighbridgesweighbridge at each other’s end. Coal bills of consignment, which are weighed as per the provisions of clause 5.1, shall bear the rubber stamp indicating electronic printout has been enclosed. If and when any weighbridge the electronic printout with Coal xxxx is found not received by the Purchaser despite rubber stamp, such bills shall be returned to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsre-submission along with electronic printout within twenty (20) days.

Appears in 3 contracts

Samples: Coal Supply Agreement, Coal Supply Agreement, Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of Coal is delivered for dispatch by rail, each wagon shall be weighed at the weighbridge of the Seller at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized authorised representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 The weighbridges at the Delivery Point at Seller’s end shall be calibrated and maintained as per Applicable Laws. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Laws.

Appears in 3 contracts

Samples: Fuel Supply Agreement, Fuel Supply Agreement, Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 6.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall send copies of duly signed print-outs of the recorded weight shall be entered in weighment to the relevant dispatch document/ railway receipt. Such recorded weight shall form Purchaser after weighment of each consignment beside annexing copy of such signed printouts alongwith the basis for raising bills xxxx(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 6.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic printout to the Seller within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be considered on Railway Receipt basis. 6.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective,/ not available for recording weight of the consignments of Coal , weighted average quantity of Coal per wagon ( to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal from that source at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the Railway Receipts (RRs). 6.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 6.1 and 6.2, shall be final and binding. 6.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards and also whenever required. The Both the Seller and the Purchaser shall regularly monitor have right to witness the accuracy calibration of the weighbridgesweighbridge at each other’s end. Coal bills of consignment, which are weighed as per the provisions of clause 6.1, shall bear the rubber stamp indicating electronic printout has been enclosed. If and when any weighbridge the electronic printout with Coal xxxx is found not received by the Purchaser despite rubber stamp, such bills shall be returned to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsre-submission along with electronic printout within twenty (20) days.

Appears in 2 contracts

Samples: Fuel Supply Agreement, Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 6.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall send copies of duly signed print-outs of the recorded weight shall be entered in weighment to the relevant dispatch document/ railway receipt. Such recorded weight shall form Purchaser after weighment of each consignment beside annexing copy of such signed printouts alongwith the basis for raising bills xxxx(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 6.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic printout to the Seller within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be considered on Railway Receipt basis. 6.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective,/ not available for recording weight of the consignments of Coal , weighted average quantity of Coal per wagon (to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal from that source at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available, then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the Railway Receipts (RRs). 6.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 6.1 and 6.2, shall be final and binding. 6.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be calibrated and maintained as per Applicable Lawsthe Legal Metrology Standards and also whenever required. The Both the Seller and the Purchaser shall regularly monitor have right to witness the accuracy calibration of the weighbridgesweighbridge at each other’s end. Coal bills of consignment, which are weighed as per the provisions of clause 6.1, shall bear the rubber stamp indicating electronic printout has been enclosed. If and when any weighbridge the electronic printout with Coal xxxx is found not received by the Purchaser despite rubber stamp, such bills shall be returned to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsre-submission along with electronic printout within twenty (20) days.

Appears in 2 contracts

Samples: Coal Supply Agreement, Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 6.1 For dispatch of Coal is delivered for dispatch by rail, each wagon all the wagons loaded for the Purchaser shall be weighed at the loading end at the electronic weighbridge of the Seller and electronic print-out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall annex copy of such electronic print-outs along with the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills bill(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 6.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments/wagons at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic print-out to the Seller for such consignments/wagons within thirty (30) days from the date of railway receipt, beyond which time the weight of the consignment shall be considered on railway receipt basis. 6.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective/not available for recording weight of the consignments of Coal, weighted average quantity of Coal per wagon (to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of Coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the railway receipts. 6.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 6.1 and Clause 6.2, shall be final and binding. 6.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be kept duly calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards. The Both the Seller and the Purchaser shall regularly monitor have the accuracy right to witness the calibration of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsat each other’s end.

Appears in 2 contracts

Samples: Fuel Supply Agreement, Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 5.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and the recorded weight weighbridge, if desired. The Seller shall be entered hand-over copies of jointly signed or in the relevant dispatch document/ railway receipt. Such recorded weight shall form absence of the basis for raising bills Purchaser's representative(s), signed by the Seller. The , print-outs of the weighment to the Purchaser immediately after weighment of each consignment, besides a copy of such signed printouts shall also be on wagon to wagon basis annexed along with the xxxx(s) raised by the Seller. 5.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print- out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic printout to the Seller within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be considered on Railway Receipt basis. 5.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective,/ not available for recording weight of the consignments of Coal, weighted average quantity of Coal per wagon ( to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of 5.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 5.1 and 5.2, shall be final and binding. 5.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be calibrated and maintained as per Applicable Lawsthe Legal Metrology Standards and also whenever required. The Both the Seller and the Purchaser shall regularly monitor have right to witness the accuracy calibration of the weighbridgesweighbridge at each other’s end. Coal bills of consignment, which are weighed as per the provisions of clause 5.1, shall bear the rubber stamp indicating electronic printout has been enclosed. If and when any weighbridge the electronic printout with Coal xxxx is found not received by the Purchaser despite rubber stamp, such bills shall be returned to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsre-submission along with electronic print out within twenty (20) days.

Appears in 2 contracts

Samples: Coal Supply Agreement, Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 6.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall send copies of duly signed print-outs of the recorded weight shall be entered in weighment to the relevant dispatch document/ railway receipt. Such recorded weight shall form Purchaser after weighment of each consignment beside annexing copy of such signed printouts alongwith the basis for raising bills xxxx(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 6.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at Sellerthe Purchaser’s end end, the Purchaser shall submit the associated electronic printout to the Seller within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be calibrated and maintained considered on Railway Receipt basis. 6.3 If both the weighbridges installed by the Seller as per Applicable Laws. The Seller shall regularly monitor well as the accuracy Purchaser are defective,/ not available for recording weight of the weighbridges. If and when any weighbridge is found consignments of Coal , weighted average quantity of Coal per wagon ( to be out determined separately for respective types of order, after remedying wagons in the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessarycircuit), as per Applicable Lawsthe actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal from that source at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the Railway Receipts (RRs). 6.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 6.1 and 6.2, shall be final and binding. 6.5 The weighbridges bothat the Seller’send and atthe Purchaser’s endshall be calibratedas per the Weights and Measures Standards and also whenever required. Both the Seller and the Purchaser shall have right to witness the calibration of the weighbridge at each other’s end. Coal bills of consignment, which are weighed as per the provisions of clause 6.1, shall bear the rubber stamp indicating electronic printout has been enclosed. If the electronic printout with Coal xxxx is not received by the Purchaser despite rubber stamp, such bills shall be returned to the Seller for re-submission along with electronic printout within twenty (20) days.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 6.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall send copies of duly signed print-outs of the recorded weight shall be entered in weighment to the relevant dispatch document/ railway receipt. Such recorded weight shall form Purchaser after weighment of each consignment beside annexing copy of such signed printouts alongwith the basis for raising bills bill(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 6.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic printout to the Seller within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be considered on Railway Receipt basis. 6.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective,/ not available for recording weight of the consignments of Coal , weighted average quantity of Coal per wagon ( to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal from that source at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the Railway Receipts (RRs). 6.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 6.1 and 6.2, shall be final and binding. 6.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards and also whenever required. The Both the Seller and the Purchaser shall regularly monitor have right to witness the accuracy calibration of the weighbridgesweighbridge at each other’s end. Coal bills of consignment, which are weighed as per the provisions of clause 6.1, shall bear the rubber stamp indicating electronic printout has been enclosed. If and when any weighbridge the electronic printout with Coal bill is found not received by the Purchaser despite rubber stamp, such bills shall be returned to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsre-submission along with electronic printout within twenty (20) days.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 5.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and the recorded weight weighbridge, if desired. The Seller shall be entered hand-over copies of jointly signed or in the relevant dispatch document/ railway receipt. Such recorded weight shall form absence of the basis for raising bills Purchaser's representative(s), signed by the Seller. The , print-outs of the weighment to the Purchaser immediately after weighment of each consignment besides a copy of such signed printouts shall also be on wagon to wagon basis annexed along with the xxxx(s) raised by the Seller. 5.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic printout to the Seller within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be considered on Railway Receipt basis. 5.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective,/ not available for recording weight of the consignments of Coal , weighted average quantity of Coal per wagon ( to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal from that source at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the Railway Receipts (RRs). 5.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 5.1 and 5.2, shall be final and binding. 5.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards and also whenever required. The Both the Seller and the Purchaser shall regularly monitor have right to witness the accuracy calibration of the weighbridgesweighbridge at each other’s end. Coal bills of consignment, which are weighed as per the provisions of clause 5.1, shall bear the rubber stamp indicating electronic printout has been enclosed. If and when any weighbridge the electronic printout with Coal xxxx is found not received by the Purchaser despite rubber stamp, such bills shall be returned to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsre-submission along with electronic printout within twenty (20) days.

Appears in 1 contract

Samples: Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of 6.1 When Coal is delivered for dispatch despatch by rail, each wagon shall be weighed at the weighbridge of the Seller weigh bridge at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receiptdocument. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter:. 7.1.1 6.1.1 In case wagons are weighed on an electronic weighbridge, weigh bridge the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways Railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 6.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 6.1.3 In the cases not covered by Clause 7.1.1 coveredby Clauses 6.1.1 or Clause 7.1.2 above, the weight 6.1.2,weight recorded on the relevant dispatch document/ railway receipt Railway Receipt (RR) as per existing practice of the railways Railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways Railways for such wagons on the basis of volumetric measurement. 7.2 If 6.1.4 The Purchaser shall be entitled to depute an authorised representative to witness the Contracted Grade weighment / loading of wagon at the Delivery Point. 6.2 When Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point delivery point and as mentioned in the dispatch document document, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 6.3 The weighbridges at the respective Delivery Point Points at Seller’s end shall be calibrated and maintained as per Applicable Lawsapplicable statutory provisions. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereofcalibration, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of Coal is delivered for dispatch by rail, each wagon weighment shall be weighed done at the Delivery Point by way of pre-weigh bin / weighbridge of the Seller at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter: 7.1.1 : In case wagons are weighed on an a pre-weigh bin / electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 . In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 . In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 . If the Contracted Grade of Coal is delivered for dispatch by road, the weight recorded at the pre-weigh bin / weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document shall be binding on the Parties. 7.3 . The Purchaser shall be entitled to depute an authorized authorised representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 . The pre-weigh bins / weighbridges at the Delivery Point at Seller’s end shall be calibrated and maintained as per Applicable Laws. The Seller shall regularly monitor the accuracy of the pre-weigh bins / weighbridges. If and when any pre-weigh bin / weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of 6.1 When Coal is delivered for dispatch despatch by rail, each wagon eachwagon shall be weighed beweighed at the weighbridge of the Seller weigh bridge at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receiptdocument. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter:. 7.1.1 6.1.1 In case wagons are weighed on an electronic weighbridge, weigh bridge the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways Railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 6.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 6.1.3 In the cases not covered by Clause 7.1.1 Clauses 6.1.1 or Clause 7.1.2 above6.1.2, the weight recorded on the relevant dispatch document/ railway receipt Railway Receipt (RR) as per existing practice of the railways Railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways Railways for such wagons on the basis of volumetric measurement. 7.2 If 6.1.4 The Purchaser shall be entitled to depute an authorised representative to witness the Contracted Grade weighment / loading of wagon at the Delivery Point. 6.2 When Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point delivery point and as mentioned in the dispatch document document, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 6.3 The weighbridges at the respective Delivery Point Points at Seller’s end shall be calibrated and maintained as per Applicable Lawsapplicable statutory provisions. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereofcalibration, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 5.1 For dispatch of Coal is delivered for dispatch by rail, each wagon all the wagons loaded for the Purchaser shall be weighed at the loading end at the electronic weighbridge of the Seller and electronic print-out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall annex copy of such electronic print-outs along with the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills bill(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 5.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments/wagons at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic print-out to the Seller for such consignments/wagons within thirty (30) days from the date of railway receipt, beyond which time the weight of the consignment shall be considered on railway receipt basis. 5.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective/not available for recording weight of the consignments of Coal, weighted average quantity of Coal per wagon (to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of Coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the railway receipts. 5.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Para 5.1 and Para 5.2 of this Annexure C, shall be final and binding. 5.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be kept duly calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards. The Both the Seller and the Purchaser shall regularly monitor have the accuracy right to witness the calibration of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsat each other’s end.

Appears in 1 contract

Samples: Standard Terms of the Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of 6.1 When Coal is delivered for dispatch despatch by rail, each wagon shall be weighed at the weighbridge of the Seller weigh bridge at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receiptdocument. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter:. 7.1.1 6.1.1 In case wagons are weighed on an electronic weighbridge, weigh bridge the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways Railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 6.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical themechanical weighbridges at the Delivery Point. 7.1.3 6.1.3 In the cases not covered by Clause 7.1.1 Clauses 6.1.1 or Clause 7.1.2 above6.1.2, the weight recorded on the relevant dispatch document/ railway receipt Railway Receipt (RR) as per existing practice of the railways Railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways Railways for such wagons on the basis of volumetric measurement. 7.2 If 6.1.4 The Purchaser shall be entitled to depute an authorised representative to witness the Contracted Grade weighment / loading of wagon at the Delivery Point. 6.2 When Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document docume1n4t, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 6.3 The weighbridges at the respective Delivery Point Points at Seller’s end shall be calibrated and maintained as per Applicable Lawsapplicable statutory provisions. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereofcalibration, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 8.1 If the Contracted Grade of Coal is delivered for dispatch by rail, each wagon shall be weighed at the weighbridge of the Seller Seller, at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ document/railway receipt. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon-to-wagon basis in the manner described hereinafter: 7.1.1 8.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 8.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 8.1.3 In the cases not covered by Clause 7.1.1 8.1.1 or Clause 7.1.2 8.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 8.2 If the Contracted Grade of Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document shall be binding on the Parties. 7.3 8.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 8.4 The weighbridges at the Delivery Point at Seller’s end shall be calibrated and maintained as per Applicable Laws. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 6.1 For dispatch of Coal is delivered for dispatch by rail, each wagon all the wagons loaded for the Purchaser shall be weighed at the loading end at the electronic weighbridge of the Seller and electronic print-out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall annex copy of such electronic print-outs along with the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills bill(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 6.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser‟s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments/wagons at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at Seller’s the Purchaser‟s end, the Purchaser shall submit the associated electronic print-out to the Seller for such consignments/wagons within thirty (30) days from the date of railway receipt, beyond which time the weight of the consignment shall be considered on railway receipt basis. 6.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective/not available for recording weight of the consignments of Coal, weighted average quantity of Coal per wagon (to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller‟s and the Purchaser‟s end are not available for recording weight of Coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the railway receipts. 6.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 6.1 and Clause 6.2, shall be final and binding. 6.5 The weighbridges both at the Seller‟s end and at the Purchaser‟s end shall be kept duly calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards. The Both the Seller and the Purchaser shall regularly monitor have the accuracy right to witness the calibration of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsat each other‟s end.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 6.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall send copies of duly signed print-outs of the recorded weight shall be entered in weighment to the relevant dispatch document/ railway receipt. Such recorded weight shall form Purchaser after weighment of each consignment beside annexing copy of such signed printouts alongwith the basis for raising bills bill(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 6.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments/ wagons at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic printout to the Seller for such consignments/ wagons within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be considered on Railway Receipt basis. 6.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective,/ not available for recording weight of the consignments of Coal , weighted average quantity of Coal per wagon ( to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal from that source at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the Railway Receipts (RRs). 6.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 6.1 and 6.2, shall be final and binding. 6.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards and also whenever required. The Both the Seller and the Purchaser shall regularly monitor have right to witness the accuracy calibration of the weighbridgesweighbridge at each other’s end. Coal bills of consignment, which are weighed as per the provisions of clause 6.1, shall bear the rubber stamp indicating electronic printout has been enclosed. If and when any weighbridge the electronic printout with Coal bill is found not received by the Purchaser despite rubber stamp, such bills shall be returned to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsre-submission along with electronic printout within twenty (20) days.

Appears in 1 contract

Samples: Modified Model Fuel Supply Agreement

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WEIGHMENT OF COAL. 7.1 8.1 If the Contracted Grade of Coal is delivered for dispatch by rail, each wagon shall be weighed at the weighbridge of the Seller Seller, at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ document/railway receipt. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon-to-wagon basis in the manner described hereinafter: 7.1.1 8.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding on the Parties.Parties.‌ 7.1.2 8.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point.Point.‌ 7.1.3 8.1.3 In the cases not covered by Clause 7.1.1 8.1.1 or Clause 7.1.2 8.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 8.2 If the Contracted Grade of Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document shall be binding on the Parties. 7.3 8.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 8.4 The weighbridges at the Delivery Point at Seller’s end shall be calibrated and maintained as per Applicable Laws. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of Coal is delivered for dispatch by rail, each wagon weighment shall be weighed done at the Delivery Point by way of pre-weigh bin / weighbridge of the Seller at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter: 7.1.1 In case wagons are weighed on an a pre-weigh bin / electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by road, the weight recorded at the pre-weigh bin / weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized authorised representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 The pre-weigh bins / weighbridges at the Delivery Point at Seller’s end shall be calibrated and maintained as per Applicable Laws. The Seller shall regularly monitor the accuracy of the pre-weigh bins / weighbridges. If and when any pre- weigh bin / weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 6.1 For dispatch of Coal is delivered for dispatch by rail, each wagon all the wagons loaded for the Purchaser shall be weighed at the loading end at the electronic weighbridge of the Seller and electronic print-out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall annex copy of such electronic print-outs along with the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills bill(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 6.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges un- weighed consignments/wagons at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic print-out to the Seller for such consignments/wagons within 30 (thirty) days from the date of railway receipt, beyond which time the weight of the consignment shall be considered on railway receipt basis. 6.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective/not available for recording weight of the consignments of Coal, weighted average quantity of Coal per wagon (to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding 7 (seven) days shall form the basis for determining the quantity of Coal at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of Coal and actual weighment over a continuous period of immediately preceding 7 (seven) days is also not available then weight of Coal for such un-weighed wagons shall be taken as per the weight indicated in the railway receipts. 6.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 6.1 and Clause 6.2, shall be final and binding. 6.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be kept duly calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards. The Both the Seller and the Purchaser shall regularly monitor have the accuracy right to witness the calibration of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsat each other’s end.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of 5.1 When Coal is delivered for dispatch despatch by rail, each wagon shall be weighed at the weighbridge of the Seller weigh bridge at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receiptdocument. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter:. 7.1.1 5.2 In case wagons are weighed on an electronic weighbridge, weigh bridge the weight recorded in the computerized electronic print out shall be taken as the weight for the respective wagon. . 5.3 In the absence of a computerized print out facilityweighment by electronic weighbridges at the delivery point, the weighment shall be done by the electronic weighbridges with electronic printout facility of the Purchaser at the unloading point. In such an eventuality for supply of washed coal, the weight to be considered for the purpose of billing shall be after duly correcting the unloading end weighment by adding % during the period July to September and by adding % during October to May towards moisture loss in transit. However, for raw Coking Coal supply unloading end weighment by means of electronic weighbride with electronics print out facility shall be considered for the purpose of billing. 5.4 In the cases not covered by Clauses 5.2 or 5.3, weight recorded on the Railway Receipt (RR) as certified by the railways per existing practice of Railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 In the absence of electronic weighbridges, 5.5 The Purchaser shall be entitled to depute an authorised representative to witness the weighment shall be done on the mechanical weighbridges / loading of wagon at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of 5.6 When Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document document, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 5.7 The weighbridges at the respective Delivery Point Points at Seller’s end shall be calibrated and maintained as per Applicable Lawsapplicable statutory provisions. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereofcalibration, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of 6.1 When Coal is delivered for dispatch despatch by rail, each wagon shall be weighed at the weighbridge of the Seller at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receiptdocument/Railway Receipt (RR). Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter:. 7.1.1 6.1.1 In case wagons are weighed on an electronic weighbridge, weigh bridge the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways Railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 6.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 6.1.3 In the cases not covered by Clause 7.1.1 Clauses 6.1.1 or Clause 7.1.2 above6.1.2, the weight recorded on the relevant dispatch document/ railway receipt Railway Receipt (RR) as per existing practice of the railways Railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways Railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of 6.2 When Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document document, shall be binding on the Parties. 7.3 6.3 The Purchaser shall be entitled to depute an authorized authorised representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 6.4 The weighbridges at the respective Delivery Point Points at Seller’s end shall be calibrated and maintained as per Applicable Lawsapplicable statutory provisions. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereofcalibration, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 6.1 For dispatch of Coal is delivered for dispatch by rail, each wagon all the wagons loaded for the Purchaser shall be weighed at the loading end at the electronic weighbridge of the Seller and electronic print-out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall annex copy of such electronic print-outs along with the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills xxxx(s) raised by the Seller. The weighment shall be on wagon to wagon basis . 6.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments/wagons at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic print-out to the Seller for such consignments/wagons within thirty (30) days from the date of railway receipt, beyond which time the weight of the consignment shall be considered on railway receipt basis. 6.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective/not available for recording weight of the consignments of Coal, weighted average quantity of Coal per wagon (to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of Coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the railway receipts. 6.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 6.1 and Clause 6.2, shall be final and binding. 6.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be kept duly calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards. The Both the Seller and the Purchaser shall regularly monitor have the accuracy right to witness the calibration of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsat each other’s end.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 5.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and the recorded weight weighbridge, if desired. The Seller shall be entered hand-over copies of jointly signed or in the relevant dispatch document/ railway receipt. Such recorded weight shall form absence of the basis for raising bills Purchaser's representative(s), signed by the Seller. The , print-outs of the weighment to the Purchaser immediately after weighment of each consignment, besides a copy of such signed printouts shall also be on wagon to wagon basis annexed along with the xxxx(s) raised by the Seller 5.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic printout to the Seller within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be considered on Railway Receipt basis. 5.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective,/ not available for recording weight of the consignments of Coal , weighted average quantity of Coal per wagon ( to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal from that source at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the Railway Receipts (RRs). 5.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 5.1 and 5.2, shall be final and binding. 5.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards and also whenever required. The Both the Seller and the Purchaser shall regularly monitor have right to witness the accuracy calibration of the weighbridgesweighbridge at each other’s end. Coal bills of consignment, which are weighed as per the provisions of clause 5.1, shall bear the rubber stamp indicating electronic printout has been enclosed. If and when any weighbridge the electronic printout with Coal xxxx is found not received by the Purchaser despite rubber stamp, such bills shall be returned to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsre-submission along with electronic printout within twenty (20) days.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of Coal is delivered for dispatch by rail, each wagon weighment shall be weighed done at the Delivery Point by way of pre-weigh bin / weighbridge of the Seller at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter: 7.1.1 In case wagons are weighed on an a pre-weigh bin / electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by road, the weight recorded at the pre-weigh bin / weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized authorised representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 The pre-weigh bins / weighbridges at the Delivery Point at Seller’s end shall be calibrated and maintained as per Applicable Laws. The Seller shall regularly monitor the accuracy of the pre-weigh bins / weighbridges. If and when any pre-weigh bin / weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Laws.the

Appears in 1 contract

Samples: E Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 5.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and the recorded weight weighbridge, if desired. The Seller shall be entered hand-over copies of jointly signed or in the relevant dispatch document/ railway receipt. Such recorded weight shall form absence of the basis for raising bills Purchaser's representative(s), signed by the Seller. The , print-outs of the weighment to the Purchaser immediately after weighment of each consignment, besides a copy of such signed printouts shall also be on wagon to wagon basis annexed along with the xxxx(s) raised by the Seller 5.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments/ wagons at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at the Purchaser’s end, the Purchaser shall submit the associated electronic printout to the Seller for such consignments/ wagons within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be considered on Railway Receipt basis. 5.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective,/ not available for recording weight of the consignments of Coal , weighted average quantity of Coal per wagon ( to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding seven (7) days shall form the basis for determining the quantity of Coal from that source at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. If the weighbridges at both the Seller’s and the Purchaser’s end are not available for recording weight of coal and actual weighment over a continuous period of immediately preceding seven (7) days is also not available then weight of Coal for such unweighed wagons shall be taken as per the weight indicated in the Railway Receipts (RRs). 5.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case the representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in accordance with Clause 5.1 and 5.2, shall be final and binding. 5.5 The weighbridges both at the Seller’s end and at the Purchaser’s end shall be calibrated and maintained as per Applicable Lawsthe Weights and Measures Standards and also whenever required. The Both the Seller and the Purchaser shall regularly monitor have right to witness the accuracy calibration of the weighbridgesweighbridge at each other’s end. Coal bills of consignment, which are weighed as per the provisions of clause 5.1, shall bear the rubber stamp indicating electronic printout has been enclosed. If and when any weighbridge the electronic printout with Coal xxxx is found not received by the Purchaser despite rubber stamp, such bills shall be returned to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsre-submission along with electronic printout within twenty (20) days.

Appears in 1 contract

Samples: Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 6.1 For dispatch of Coal is delivered for dispatch by rail, each wagon all the wagons loaded for the Purchaser shall be weighed at the loading end at the electronic weighbridge of the Seller and electronic print-out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and weighbridge, if desired. The Seller shall annex copy of such electronic print-outs along with thx xxll(s) raised by the recorded weight shall be entered Seller. 6.2 Only in the relevant dispatch document/ railway receipt. Such recorded absence of weighment of Coal on electronic weighbridge at the loading end, the 6.3 If both the weighbridges installed by the Seller as well as the Purchaser are defective/not available for recording weight of the consignments of Coal, weighted average quantity of Coal per wagon (to be determined separately for respective types of wagons in the circuit), as per the actual weighment over a continuous period of immediately preceding 7 (seven) days shall form the basis for raising bills by determining the Sellerquantity of Coal at that Delivery Point, till such time any one of the weighbridges is corrected and put back into operation. The If the weighbridges at both WKH 6HOOHU¶V DQG WKH 3XUFKdinDg VweHigUht ¶of VCo alHanQd Gact uaDl UH QRW weighment over a continuous period of immediately preceding 7 (seven) days is also not available then weight of Coal for such un-weighed wagons shall be on wagon to wagon basis taken as per the weight indicated in the manner described hereinafter:railway receipts. 7.1.1 6.4 The Seller and the Purchaser shall permit access to and make facilities available at its weighbridge, for representatives of either Party to witness and note the weight for the consignment. In case wagons are weighed on an electronic weighbridgethe representative of any Party fails to be present, at the time of such weighment, the weight recorded by the representative of the other Party in the computerized print out accordance with Clause 6.1 and Clause 6.2, shall be taken final and binding. 6.5 7KH ZHLJKEULGJHV ERWK DW WKH 6HOOHU¶V HQG D calibrated as per the weight for Weights and Measures Standards. Both the Seller and the Purchaser shall KDYH WKH ULJKW WR ZLWQHVV WKH FDOLEUDWLRQ RI 6.6 Operation and Maintenance of Weighment System The Parties shall at their respective wagon. In costs, (a) Operate and maintain their weighbridges in good working order and in accordance with the absence of a computerized print out facilityWeights and Measures Standards and other Applicable Laws; (b) Cause the weighbridge to be inspected, the weight as tested and certified by the railways shall be reckoned as statutory agencies in accordance with and at the weight intervals required by the Weights and shall be binding on Measures Standards and the PartiesParties shall, at their cost, extend/make available all requisite facilities required for the purpose of testing and/or calibrating the weighbridge. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant 6.7 For dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by road, the weight recorded at the electronic weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document loading end shall be binding on final for the Parties. 7.3 purpose of billing and payment. The Purchaser shall be entitled to depute an authorized representative have the right to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 colliery, if desired. The weighbridges at the Delivery Point at Seller’s end weighbridge shall be calibrated and maintained as per the provisions of Applicable Laws. The Seller Purchaser shall regularly monitor have the accuracy right to witness such calibration. 6.8 For dispatch of Coal by belt conveyor, a weightometer shall be installed at the end of the weighbridgesSeller and weight recorded by the weightometer shall be the weight of Coal supplied. If The weightometer shall be kept under joint seal and when any weighbridge is found to will be out repaired/recalibrated in the presence of order, after remedying the defect as expeditiously as possible, representatives of the Seller shall arrange for calibration thereofboth the Parties, wherever necessary. 6.9 For dispatch of Coal by MGR system, as per Applicable Lawsweight recorded at the loading end through the electronic weighment system shall form the basis for determining the quantities of Coal delivered.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of 6.1 When Coal is delivered for dispatch despatch by rail, each wagon shall be weighed at the weighbridge of the Seller at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receiptdocument/Railway Receipt (RR). Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter:. 7.1.1 6.1.1 In case wagons are weighed on an electronic weighbridge, weigh bridge the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways Railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 6.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 6.1.3 In the cases not covered by Clause 7.1.1 Clauses 6.1.1 or Clause 7.1.2 above6.1.2, the weight recorded on the relevant dispatch document/ railway receipt Railway Receipt (RR) as per existing practice of the railways Railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways Railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of 6.2 When Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document document, shall be binding on the Parties. 7.3 6.3 The Purchaser shall be entitled to depute an authorized authorised representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 6.4 The weighbridges at the respective Delivery Point Points at Seller’s 's end shall be calibrated and maintained as per Applicable Lawsapplicable statutory provisions. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereofcalibration, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Coal Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade of Coal is delivered for dispatch by rail, each wagon shall be weighed at the weighbridge of the Seller at the Delivery Point and the recorded weight shall be entered in the relevant dispatch document/ railway receipt. Such recorded weight shall form the basis for raising bills by the Seller. The weighment shall be on wagon to wagon basis in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by road, the weight recorded at the weighbridge of the Seller at the concerned Delivery Point and as mentioned in the dispatch document shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized authorised representative to witness the weighment / loading of the wagon(s) at the Delivery Point. 7.4 The weighbridges at the Delivery Point at Seller’s Seller‘s end shall be calibrated and maintained as per Applicable Laws. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Laws.

Appears in 1 contract

Samples: Fuel Supply Agreement

WEIGHMENT OF COAL. 7.1 If the Contracted Grade 5.1 For dispatch of Coal is delivered by Rail, all the wagons loaded for dispatch by rail, each wagon the Purchaser shall be weighed at the loading end at the electronic weighbridge of Seller and electronic print out of actual weight recorded shall be provided. Such weighment shall be final and binding for determination of the Seller quantity delivered. The Purchaser shall have the right to witness the weighment of the wagons at the Delivery Point and the recorded weight weighbridge, if desired. The Seller shall be entered hand-over copies of jointly signed or in the relevant dispatch document/ railway receipt. Such recorded weight shall form absence of the basis for raising bills Purchaser's representative(s), signed by the Seller. The , print-outs of the weighment to the Purchaser immediately after weighment of each consignment, besides a copy of such signed printouts shall also be on wagon to wagon basis annexed along with the bill(s) raised by the Seller 5.2 Only in the manner described hereinafter: 7.1.1 In case wagons are weighed on an electronic weighbridge, the weight recorded in the computerized print out shall be taken as the weight for the respective wagon. In the absence of a computerized print out facility, the weight as certified by the railways shall be reckoned as the weight and shall be binding weighment of Coal on the Parties. 7.1.2 In the absence of electronic weighbridges, the weighment shall be done on the mechanical weighbridges weighbridge at the Delivery Point. 7.1.3 In the cases not covered by Clause 7.1.1 or Clause 7.1.2 above, the weight recorded on the relevant dispatch document/ railway receipt as per existing practice of the railways shall be reckoned as the weight and shall be binding on the Parties. However, the wagons will be loaded up to the permissible capacity fixed by the railways for such wagons on the basis of volumetric measurement. 7.2 If the Contracted Grade of Coal is delivered for dispatch by roadloading end, the weight recorded at the Purchaser’s electronic weighbridge of the Seller with an electronic print-out facility at the concerned Delivery Point and as mentioned Unloading Point, if in the dispatch document proper working order, shall be binding on the Parties. 7.3 The Purchaser shall be entitled to depute an authorized representative to witness the weighment / loading taken as final. In respect of the wagon(s) at the Delivery Point. 7.4 The weighbridges unweighed consignments/wagons at the Delivery Point on electronic weighbridge and weighed on electronic weighbridge at Sellerthe Purchaser’s end end, the Purchaser shall submit the associated electronic printout to the Seller for such consignments/ wagons within thirty (30) days from the date of Railway Receipt, beyond which time the weight of the consignment shall be calibrated and maintained as per Applicable Laws. The Seller shall regularly monitor the accuracy of the weighbridges. If and when any weighbridge is found to be out of order, after remedying the defect as expeditiously as possible, the Seller shall arrange for calibration thereof, wherever necessary, as per Applicable Lawsconsidered on Railway Receipt basis.

Appears in 1 contract

Samples: Coal Supply Agreement

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