Constructively Placed definition

Constructively Placed refers the placement by Norfolk Southern or another rail carrier (as applicable) of a Coke shipment or any portion thereof at a location other than a Delivery Point, which results from an inability or unwillingness by Purchasers to receive or unload such shipment or portion thereof at such Delivery Point.

Constructively Placed means the placement of a tank car where a tank car cannot be Actually Placed or delivered to the terminal and where the tank car is held by the railroad awaiting disposition instructions, or released by rail switching provider, or cleared for release or uncoupled from the locomotive.

Constructively Placed or “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.

Examples of Constructively Placed in a sentence

• If Option A – At Delivery Location is specified for a Transaction, at the moment that the Tank Railcar arrives at the Delivery Location (if no option is specified, this Option A will apply); If Option B – Constructively Placed is specified for a Transaction, as the Tank Railcars are Constructively Placed or Actually Placed, whichever is first, at the Delivery Location; or If Option C – At Discharge is specified for a Transaction, after Tank Railcar discharge at the Delivery Location.

• For the purpose of determining Detention Charges under a DAP Transaction, time shall start at the first midnight following Free Time when the Tank Railcars are Constructively Placed or Actually Placed, whichever is first, at the disposal of Buyer at the Delivery Location.

• For the purpose of determining Detention Charges under an FCA Transaction, time shall start at the first midnight following Free Time when the Tank Railcars are Constructively Placed or Actually Placed, whichever is first, at the disposal of Seller at the Delivery Location.

• As each railcar is Constructively Placed (defined below) at a terminal, a prescribed number of “free days” is allowed with respect to that railcar before assessment by TRANSFLO of Track Occupancy charges commences.

• If a railcar is constructively placed on a Friday, Saturday or Sunday, the calculation of free days and Track Occupancy charges begins the first Monday following the date on which the railcar is Constructively Placed.

More Definitions of Constructively Placed

Constructively Placed. – means when the conveyance (railcar or truck) is placed by the buyer in an accessible position for loading at a location pursuant to the contract Rule.

Constructively Placed or “Constructive Placement” means, with respect to a shipment of Feedstock by railcar, that such railcar has been deemed constructively placed by the applicable railroad.

Constructively Placed or “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.

Constructively Placed means held on a side or hold track because the industry has no capacity or is unable to accept the car at their industry or team track. A car can be constructively placed either on track owned by the railroad, or on track owned by the customer. Cars are also constructively placed when held on the line of a connecting carrier due to industry congestion and inability to handle.

Constructively Placed means the placement of a Railcar where a Railcar cannot be Actually Placed or delivered to the Terminal and where the Railcar is held by the railroad awaiting disposition instructions, or released by rail switching provider, or cleared for release or uncoupled from the locomotive.

Constructively Placed means the placement of a railcar where a railcar cannot be Actually Placed or delivered to the Delivery Point and where the railcar is held by the railroad awaiting disposition instructions, or released by rail switching provider, or cleared for release or uncoupled from the locomotive.

Constructively Placed means the placement of a tank car where a tank car cannot be Actually Placed or delivered to the Terminal and where the tank car is held by the railroad awaiting disposition instructions, or released by rail switching provider, or cleared for release or uncoupled from the locomotive.