ASSAYING Sample Clauses
The ASSAYING clause defines the procedures and standards for testing and analyzing the quality and composition of materials, typically minerals or metals, delivered under a contract. It outlines who is responsible for conducting the assays, the methods to be used, and how results are to be reported and verified. For example, it may specify that samples are to be taken from each shipment and analyzed by an independent laboratory agreed upon by both parties. This clause ensures that both parties have a clear, objective basis for determining the value and acceptability of the delivered materials, thereby reducing disputes and ensuring fair transactions.
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ASSAYING. Assays shall be made independently by each party and the results of such assays shall be exchanged on a lot-by-lot basis for all payable and penalty elements on a mutually agreed date in the event of greater difference in assay exchange than contractually agreed, an umpire assay shall be made by an umpire laboratory rotating lab for each quota, which shall be one of the following, but in any event not later than 45 (forty-five) calendar days after the assay samples are sealed and sent to the respective parties. Such date shall be calculated starting after the sealing date of the last composite sample of the monthly quota. In the event that assays have not been exchanged by the 45th (forty-fifth) day after samples were sealed and sent to the respective parties, then the party which is ready to exchange assays shall notify the other party by fax or email that it is ready to exchange assays. If the other party does not respond within 15 (fifteen) calendar days then the assay results of the party which was ready to exchange its assay results shall be final and binding, save for fraud or manifest error. Copper0.5%(zero point five percent) Silver200 grm/dmt(two hundred grams per dry metric ton) Gold1.5 grm/dmt(one point five grams per dry metric ton) Arsenic0.1 %(zero point one percent) Antimony0.2%(zero point two percent) Lead0.3%(zero point three percent) Zinc0.3%(Zero point three percent) Then the exact mean of the two results shall be taken as the agreed assay for the purpose of final accounting. In the event of greater difference in assay exchange than contractually agreed, an umpire assay shall be made by an umpire laboratory to be mutually agreed between Buyer and Seller, which shall be one of the following: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇ CONTRACT 303-14CMX-010-0-P6 3088 GK Rotterdam ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇ Spijkenisse The Netherlands ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ International Ltd. ▇▇▇▇▇▇▇▇▇ Grange Prescot Road St. Helens Merseyside WA10 3BQ England Caddick Road Knowsley Business Park Merseyside L34 9HP England Should the umpire assay fall between the results of the two parties, then the arithmetical mean of the umpire assay and the assay of the party whose results are nearer to the umpire´s shall be taken as the agreed assay. Should the umpire assay fall outside the exchanged results, the middle of the 3 (three) results shall be final. If the umpire results coincides with either of the two parties or is the exact mean of the exchanged result, the umpire assay shall be ...
ASSAYING. Assays shall be determined by an independent laboratory at loading port and shall be considered as finals for both parties Seller and buyer will determine by mutual agreement one of the following laboratories for assays determination, and will be chosen on a rotational basis ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇ Spijkenisse The Netherlands ▇▇▇▇▇▇▇▇▇ Grange Prescot Road St. Helens Merseyside WA10 3BQ England Silver and gold assays shall be determined unadjusted for cupel absorption and slag loss If either party is prevented, hindered or delayed from performing in whole or in part any obligation or condition of this contract by reason of force majeure (the “Affected Party”), the Affected Party shall give written notice to the other party promptly and in any event within 3 (three) Business Days after receiving notice of the occurrence of a force majeure event giving, to the extent reasonably practicable, the details and expected duration of the force majeure event and the quantity of Concentrate affected (the “Force Majeure Notice”). Provided that a Force Majeure Notice has been given, for so long as the event of force majeure exists and to the extent that performance is prevented, hindered or delayed by the event of force majeure, neither party shall be liable to the other and the Affected Party may suspend performance of its obligations under this contract (a “Force Majeure Suspension”). During the period of a Force Majeure Suspension, the other party may suspend the performance of all or a part of its obligations to the extent that such suspension is commercially reasonable. The Affected Party shall use commercially reasonable efforts to avoid or remove the event of force majeure and shall promptly notify the other party when the event of force majeure is terminated. lf a Force Majeure Suspension occurs, the time for performance of the affected obligations and, if applicable, the term of this contract shall be extended for a period equal to the period of suspension. If the period of the Force Majeure Suspension is equal to or exceeds 3 months from the date of the Force Majeure Notice, and so long as the force majeure event is continuing, either party may, in its sole discretion and by written notice, terminate this contract or, in the case of multiple deliveries under this contract, terminate the affected deliveries. Upon termination in accordance with this clause, neither party shall have any further liability to the other in respec...
ASSAYING. (a) Assays for lead, gold and silver contents shall be made independently by Seller and Buyer from the samples obtained in accordance with Section 11 above and results of such assays shall be exchanged simultaneously by airmail or courier or another mutually agreed manner within 60 (sixty) calendar days after arrival of the Concentrate at Buyer’s designated Warehouse. The assays for the Payables i.e. lead, silver and gold shall be exchanged on a lot-by-lot- basis and for Penalties (if any) on a composite basis. Determination for gold and silver assays shall be made in accordance with fire assay methods corrected for slag loss and cupel absorption and losses for evaporation.
(b) If the difference between Seller’s and Buyer’s assay results is not more than the following splitting limits, then the exact mean of the two results shall be taken as the agreed assay for final settlement: Lead: [***]. Gold: [***]/dmt of Concentrate. Silver: [***]/dmt of Concentrate.
(c) If the difference is more than the above splitting limits, both parties shall consult in order to reach an acceptable settlement. In case no agreement has been reached between Seller and Buyer, an umpire assay shall be made by one of the following mutually agreed laboratories to be rotated on a lot-by-lot basis: ▇▇▇▇▇▇ ▇ ▇▇▇▇▇▇ International Ltd. Kings Business Park Kings Drive Prescot Knowsley L34 1PJ UK Laboratory & All Deliveries The ▇▇▇▇ ▇▇▇▇▇▇ Laboratory Kings Business Park Prescot Knowsley L34 1PJ UK or ALS Inspection UK Ltd. (former ▇▇▇▇▇▇▇ Group) ▇ ▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ or Laboratory Services International BV ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ or SGS NEDERLAND B.V. Malledjik 18 ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ If the umpire assay falls between the assays of Seller and Buyer, or coincides with either, then the arithmetic mean of the umpire assay and that of the party whose assay result is nearer to that of umpire shall be taken as final for settlement purposes. Otherwise, the middle assay of the three assays shall be final for settlement.
(d) The costs of the umpire assay or assays shall be borne by the party whose assay result is further from the umpire’s assay. If the umpire assay is the exact mean of the assays of Seller and Buyer, the cost of the umpire shall be borne equally by Seller and Buyer.
ASSAYING. Assays shall be made independently by each party and in the event of greater difference in assay exchange than contractually agreed, an umpire assay shall be made by an umpire laboratory rotating lab for each quota, which shall be one of the following, except for the silica to be exchanged by general composite, but in any event not later than 45 (forty‑five) calendar days after the assay samples are sealed and sent to the respective parties. Such date shall be calculated starting after the sealing date of the last composite sample of the monthly quota. In the event that assays have not been exchanged by the 45th (forty-fifth) day after samples were sealed and sent to the respective parties, then the party which is ready to exchange assays shall notify the other party by fax or email that it is ready to exchange assays. If the other party does not respond within 15 (fifteen) calendar days then the assay results of the party which was ready to exchange its assay results shall be final and binding, save for fraud or manifest error. Should the difference between the results of both parties be not more than: Zinc 0.5% Silver 30 g/dmt Gold 0.5 g/dmt Fluorine 50 ppm Chlorine 10 ppm CONTRATON 103-16CMX-012-0-P (LA) 6 Classified as: PRIVATE AND CONFIDENTIAL ▇▇. ▇▇▇▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇ OFICINA 2102, COL ▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇.▇., ▇.▇. ▇▇▇▇▇ TEL ▇▇▇▇▇▇▇▇ FAX ▇▇▇▇▇▇▇▇ SiO2 0.5% Cadmium 0.1% Then the exact mean of the two results shall be taken as the agreed assay for the purpose of final accounting In the event of greater difference in assay exchange than contractually agreed, an umpire assay shall be made by an umpire laboratory to be mutually agreed between Buyer and Seller, which shall be one of the following: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Grange Prescot Road St. Helens Merseyside WA10 3BQ England Caddick Road Knowsley Business Park Merseyside L34 9HP England Mineral Services ▇▇▇▇▇▇▇▇▇ ▇▇ /▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇ /▇▇▇▇ ▇▇ Spijkenisse The Netherlands Should the umpire assay fall between the results of the two parties, then the arithmetical mean of the umpire assay and the assay of the party whose results are nearer to the umpire’s shall be taken as the agreed assay. Should the umpire assay fall outside the exchanged results, the middle of the 3 (three) results shall be final. If the umpire results coincides with either of the two parties or is the exact mean of the exchanged result, the umpire assay shall be final. CONTRATON 103-16...
ASSAYING. Assays shall be made independently by each party and in the event of greater difference in assay exchange than contractually agreed, an umpire assay shall be made by an umpire laboratory rotating lab for each quota, which shall be one of the following, except for the silica to be exchanged by general composite, but in any event not later than 45 (forty-five) calendar days after the assay samples are sealed and sent to the respective parties. Such date shall be calculated starting after the sealing date of the last composite sample of the monthly quota. In the event that assays have not been exchanged by the 45th (forty-fifth) day after samples were sealed and sent to the respective parties, then the party which is ready CONTRA TO N° 303-l 6CMX-230-0-P (EF) 6 to exchange assays shall notify the other party by fax or email that it is ready to exchange assays. If the other party does not respond within 15 (fifteen) calendar days then the assay results of the party which was ready to exchange its assay results shall be final and binding, save for fraud or manifest error. Should the difference between the results of both parties be not more than: Zn: 0.5% Ag: 30 gr/dmt Au: 0.5 gr/dmt Sio2: 0.5% Cd: 0.1%
ASSAYING. The Supplier shall, on his own and at his cost, offer the stock of Sugar from the identified batch marked for delivery at the loading point for inspection and certification in accordance with quality parameters as specified in Clause 6.2 above, from any of the NABL accredited food testing laboratories as per the list notified by Food Safety and Standards Authority of India. Please refer to Annexure – 4 for laboratories details. The stocks which qualify the parameters as per Clause-6.2 above shall only be supplied. Each consignment shall accompany such Assaying Certificate issued by NABL accredited food testing laboratory.
ASSAYING. 15.1 From the samples obtained, Buyer and Seller will determine their own assays and exchange signed assay certificates by crossing mail on a pre-arranged date.
15.2 The average of the Buyer's and Seller's assays will be final for settlement unless any of the following splitting limits are exceeded: Au 0.03 oz/dmt Ag 0.5 oz/dmt Pb 0.5 %
15.3 Silver assays will be adjusted for slag and cupel losses.
15.4 In cases where these limits are exceeded, the Umpire sample will be forwarded by the Buyer to the following Umpires who will be instructed to provide assays as per Article 9. The following Umpires will be used in rotation by lot: TECK COMINCO METALS LTD. / APOLLO GOLD INCORPORATED MONTANA TUNNELS LEAD CONCENTRATE AGREEMENT OCTOBER 1, 2002 AGREEMENT NO. PB 48-2002-15 PAGE 7. --------------------------------------------------------------------------------
ASSAYING. Assays shall be determined one of the following mutually greed internationally recognized independent laboratories at the port of loading:
ASSAYING. 12.1. Assays shall be made at the Buyers site. Acceptance report is filled and confirmed by both Parties based on analysis results. The report is confirmed in two days after goods are delivered to Buyer. The results of assaying shall be final and binding for each party for further calculations.
ASSAYING. Assays shall be made independently by each party and the results of such assays shall exchanged on a lot-by-lot basis for all payable and penalty elements on a mutually agreed date in the event of greater difference in assay exchange than contractually agreed, an umpired assay shall be made by an umpire laboratory rotating lab for each quota, but in any event not later than forty-five (45) calendar days after the assay samples are sealed and sent to the respective parties. Such date shall be calculated starting after the sealing date of the last composite sample of the monthly quota. In the event of greater difference in assay exchange than contractually agreed, an umpire assay shall be made by an umpire laboratory rotating lab for each quota. In the event that assays have not been exchanged by the 45th (forty-fifth) day after samples were sealed and sent to the respective parties, then the party which is ready to exchange assays shall notify the other party by fax or email that it is ready to exchange assays. If the other party does not respond within 15 (fifteen) calendar days then the assay results of the party which was ready to exchange its assay results shall be final and binding, save for fraud or manifest error. Should the difference between the results of both parties be not more than: Copper 0.5% Silver 100 g/dmt Gold 1.5 g/dmt Lead: 0.3 % Zinc: 0.3 % Arsenic: 0.1 % Antimony: 0.1 % Then the exact mean of the two results shall be taken as the agreed assay for the purpose of final accounting. In the event of greater difference in assay exchange than contractually agreed, an umpire assay shall be made by an umpire laboratory to be mutually agreed between Buyer and Seller, which shall be one of the following: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Grange Prescot Road St. Helens Merseyside WA10 3BQ England CONTRA TO N° 303-l 6CMX-230-0-P (EF) 7 Caddick Road Knowsley Business Park Merseyside L34 9HP England Mineral Services ▇▇▇▇▇▇▇▇▇ ▇▇ /▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇ /▇▇▇▇ ▇▇ Spijkenisse The Netherlands Should the umpire assay fall between the results of the two parties, then the arithmetical mean of the umpire assay and the assay of the party whose results are nearer to the umpire's shall be taken as the agreed assay. Should the umpire assay fall outside the exchanged results, the middle of the 3 (three) results shall be final. If the umpire results coincides with either of the two parties or is the exact mean of the exchanged result, the umpire assay...