Constructive Placement means either: (i) with respect to a loaded shipment of Product by railcars, that such railcars are located at the Delivery Point in such condition ready for shipment to or if the Producer’s Constructively Placed designation is unavailable, then at such nearby location as determined by the railroad, or (ii) with respect to receipt of railcars for Product loading, that such railcars are located at the Delivery Point or if the Producer’s Constructively Placed designation is unavailable, then at such nearby location as determined by the railroad and within the operating hours specified, in such condition ready for Producer’s use in fulfilling its obligations hereunder.
Constructive Placement means cars cannot be delivered to the designated private siding because of the inability of the consignee to receive them. The cars are placed in a sliding, another private track, or interchange track near the consignee’s facility until such time as they can be delivered to the consignee.
Constructive Placement means, with respect to either (i) a loaded shipment of Biodiesel by either railcars or trucks, that such railcars or trucks are located at the Delivery Point in such condition ready for receipt by Purchaser, or (ii) receipt of either railcars or trucks for Biodiesel loading, that such railcars or trucks are located at the Delivery Point and within the operating hours specified, in such condition ready for receipt by Seller.
Examples of Constructive Placement in a sentence
If the Constructive Placement of the barge occurs prior to the Barge Loading Date, Laytime shall begin running, at the earlier of, 0700 hours on the Barge Loading Date or 0700 hours following the time at which loading commences (if loading commences prior to 0700 hours, then Laytime begins running at 0700 hours on that day; if loading commences after 0700 hours Laytime begins running on the following day at 0700 hours).
If the Constructive Placement of the barge occurs after the Barge Loading Date, Laytime shall begin running at 0700 hours following the time at which loading commences.
United shall be liable for any detention, release and hold charges levied by the railroad on Tampa Electric as the direct result of delayed Constructive Placement of five (5) or more hours after the actual or constructive placement of the train.
If the Constructive Placement of the barge at the loading place or port occurs on the Barge Loading Date, Laytime shall commence running upon the Constructive Placement of the barge.
Should Tampa Electric fail to provide the First Notice and Second Notice, United shall be liable only for such charges levied as the direct result of barge Constructive Placement twenty four (24) hours or more after notice by electronic mail by Tampa Electric of the actual or Constructive Placement of the train.
More Definitions of Constructive Placement
Constructive Placement means, with respect to a shipment of Feedstock by railcar, that such railcar has been deemed constructively placed by the applicable railroad.
Constructive Placement means the holding of a vehicle at a point other than the designated loading or unloading place, due to the inability of the consignor or consignee to accept the vehicle after notification;
Constructive Placement means the time when the railroad attempts to deliver a nominated shipment of Product railcars and the Company (or the designated third party responsible for receipt of railcars on behalf of Company) cannot receive the railcar at the Delivery Point for any reason.
Constructive Placement means, as to a barge on the Applicable Waterways, that the barge has been positioned at a river dock or terminal (including, but not limited to, the UBT Terminal), and all required steps have been taken to make the barge available for loading or discharge, whether or not such barge is actually at its berth. “Daily Report” has the meaning set forth in Section 3.7.1. “Day” means a day of 24 hours commencing at 00:00 hours and ending at 23:59 hours. “Dispute Resolution” means the procedures set forth in Section 14. “Domestic Ocean Service” has the meaning set forth in Section 2.1.1. “Environmental Laws” means any and all past, present and future municipal, state, provincial, federal, national and international law, statute, treaty, directive, decision, judgment, award, regulation, decree, rule, code of practice, guidance, order, direction, consent, authorization, permit, or similar requirement, approval, or standard of the relevant jurisdiction concerning environmental, natural resources, health or safety matters (including, but not limited to, the clean-up standards and practices for Hazardous Materials) in buildings, equipment, soil, sub-surface strata, air, indoor air, surface water, ground water, seas or rivers.
Constructive Placement means when a rail car cannot be actually placed or delivered to the consignee or unloader, and as a result, such rail car is held on railroad tracks awaiting instructions from the consignee or unloader. and is reported by the railroad through the CLM system as constructively placed on a specified date and time. "Actual Placement’' shall mean when a rail car is placed in or delivered to an accessible position for unloading, or to a point designated by the consignee or unloader. and is reported by the railroad through the CLM system as placed on a specified date and time. For truck deliveries, title and risk of loss shall pass as set forth in the Order Confirmation.
Constructive Placement means, as to a barge on the Applicable Waterways, that the barge has been positioned at a river dock or terminal (including, but not limited to, the UBT Terminal), and all required steps have been taken to make the barge available for loading or discharge, whether or not such barge is actually at its berth.
Constructive Placement means when a rail car cannot be actually placed or delivered to the consignee or unloader, and as a result, such rail car is held on railroad tracks awaiting instructions from the consignee or unloader. and is reported by the railroad through the CLM system as constructively placed on a specified date and time. "Actual Placement’' shall mean when a rail car is placed in or delivered to an accessible position for unloading, or to a point designated by the consignee or unloader. and is reported by the railroad through the CLM system as placed on a specified date and time. For truck deliveries, title and risk of loss shall pass as set forth in the Order Confirmation. Equipment/unsafe conditions: Seller may reject any rail cars, trucks, transports, pipelines, barges, vessels, containers or storage presented for loading/unloading/transfer of Product, which present, in its sole discretion, an unsafe or potentially unsafe situation Seller may refuse to unload, transfer or handle any Product under any conditions which it deems, in its sole discretion, unsafe or potentially unsafe, including, without limitation, any conditions caused by Product, drivers, personnel, equipment, procedures and/or adverse weather conditions. Hazmat Laws: If and to the extent Buyer or its agent or contractor loads, unloads or ships "hazardous materials" ( as designated in accordance with 49 C.F.R. Parts 100-185, as amended from time to time) purchased from Seller, then Buyer hereby warrants that all such materials shall be prepared for shipment, loaded, shipped and unloaded in compliance with all applicable laws, rules, regulations, orders, and other requirements of federal, state, provincial and local governments aid agencies thereof, regarding the handling and transportation of hazardous materials.