QUALITY / CONDITION Clause Samples
The QUALITY / CONDITION clause defines the required standards or state of goods or services being provided under a contract. It typically specifies that items must meet certain quality benchmarks, be free from defects, or conform to agreed-upon specifications, and may outline procedures for inspection or rejection if standards are not met. This clause ensures that the buyer receives products or services that are fit for their intended purpose, thereby reducing disputes and clarifying expectations regarding performance and acceptability.
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QUALITY / CONDITION. To be final at time and place of shipment per certificate(s) covering and limited to the items below based on a general representative composite sample taken according to method laid down in GAFTA Sampling Rules 124 and issued by a Superintendent Member of GAFTA. Cost and choice are on Seller’s account. 3.1 Laboratory analysis: - Moisture: maximum 14.5% (ISO 6540:1980) – by a GAFTA Analyst Member - Total Aflatoxins (B1-B2-G1-G2): maximum 20 PPB (HPLC) – by a GAFTA Analyst Member or by an ISO 17025 accredited laboratory 3.2 Grading by a Superintendent or Analyst Member of GAFTA registered at Brazilian Ministry of Agriculture: - Foreign matter maximum 1.5%; - Broken kernels maximum 3.0%; - Damaged kernels: maximum 5.0% of which maximum 1.0% heat damaged and/or germinating; - Goods free from live insects; - Free from poisonous seeds/husks but tolerance maximum 0.10% castor seed and/or castor seed husks. Grading to be performed according to IN 60/2011 issued by Brazilian Ministry of Agriculture. Any further revision or replacement of these regulations in force at time of loading shall be applied. Other quality/condition in accordance with Brazilian Legislation effective at time and place of shipment. Buyer has the option, at its expense, to appoint a Superintendent Member of GAFTA duly registered under Brazilian Ministry of Agriculture, to perform joint sampling and sealing provided that the Seller be advised, at the latest upon vessel’s berthing, of the name of the Independent Surveyor Buyer it is appointing. If the difference in any of the following items between Certificates issued by Buyer’s and Seller’s appointed Surveyors does not exceed the percentages mentioned below, then the results of Surveyors appointed by Seller will be final and binding on the parties. - Moisture 0.5%, Foreign Matter 0.5%, Damaged kernels 0.5%, and Heat Damaged and/or Germinating 0.5%. Otherwise, at request of either party exercised within 45 days from the BL date and at its expense, a third test shall be carried out as per following procedure and the average of the 2 closest analysis results shall be final and binding on the parties under this contract. Requesting party shall inform the other party about its decision of requesting a 3rd analysis, by submitting a list containing the name of three laboratories and/or surveyors, as the case may be, and the other party shall confirm its agreement to one of these three names within three business days. In case counterparty fails to r...
QUALITY / CONDITION. To be final at time and place of shipment per certificate(s) covering and limited to the items 13 below based on a general representative composite sample taken according to method laid down in GAFTA Sampling 14 Rules 124 and issued by a Superintendent Member of GAFTA. Cost and choice are on Seller’s account.
16 3.1. Laboratory analysis:
QUALITY / CONDITION. To be final at time and place of shipment per certificate(s) covering and limited to the items 16 below based on a general representative composite sample covering full quantity loaded taken according to method 17 laid down in FOSFA Standard Contracts method list and issued by a member superintendent of FOSFA. Cost and choice 18 are on Seller’s account. 20 3.1. Laboratory analysis by a FOSFA Analyst Member: 21 Method: 22 • Oil content …………………………………………………………….................... : Basis ………………………… 18.5% AOCS Ac 3 – 44 23 Non-reciprocal allowance of 1% discount for each 1% deficiency, fractions in proportion 24 • Moisture …………………………………………………………………………………. : Maximum ……………….. 14.0% AOCS Ac 2 - 41 26 3.2. Grading by a Superintendent or Analyst Member of FOSFA registered at Brazilian Ministry of Agriculture: 27 28 • Foreign matter ……………………………………………………………………….. : Basis 1.0% 29 Maximum 2.0% 30 Non-reciprocal allowance of 1% discount for each 1% deficiency, fractions in proportion 31 • Damaged beans………………………………………………………………………. : Basis 8.0% 32 Maximum 8.5% 33 Non-reciprocal allowance of 2% discount for each 1% deficiency, fractions in proportion 34 Of which: 35 ▪ Heat Damaged …………………………………. : Maximum 4.0% 36 ▪ Burned ……………………………………………… : Maximum 1.0% 37 ▪ Mouldy …………………………………………….. : Maximum 6.0% 38 • Broken beans : Maximum 30.0% 39 • Greenish beans : Maximum 8.0% 40 • Poisonous seeds/husks : Substantially free 41 within tolerances of: 42 ▪ 1 particle of treated vegetal seeds with unknown level of toxicity for each 1 kg sample at each lot of 5,000 43 metric tons loaded or part thereof.
44 ▪ 1 particle of toxic natural vegetal seeds for each 1 kg sample at each lot of 5,000 metric tons loaded or 45 part thereof. 46 • Castor Seed and/or Castor Seed Husks …………………………………… : Maximum 0.005% 47 for general 48 composite sample 49 50 Grading to be performed according to IN 11/2007 and IN 37/2007 issued by Brazilian Ministry of Agriculture. Any 51 further revision or replacement of these regulations in force at time of loading shall be applied. 53 Other quality/condition in accordance with Brazilian Legislation effective at time and place of shipment. 55 Buyer has the option, at its expense, to appoint a Superintendent, Member of FOSFA and duly registered under the 56 Brazilian Ministry of Agriculture, to perform joint sampling and sealing, provided that the Seller is advised, no later 57 than vessel’s berthing, the name of the Superintendent ▇▇▇▇▇ is appointing. 58 59 If the d...
QUALITY / CONDITION. To be final at time and place of shipment per certificate(s) covering and limited to the items below based on a general representative composite sample taken according to method laid down in GAFTA Sampling Rules 124 and issued by a Superintendent Member of GAFTA. Cost and choice are on Seller’s account. 3.1 Laboratory analysis: - Protein 12.50% minimum on dry basis (AOAC 984.13A or ISO 20483:2013) (There is a suggestion to change to 12%) - Moisture 13.00% maximum (AACC 44.15.02 or ISO 712:2009) - Test Weight (PH) 78.00 kg/HL minimum (AACC 55.10 or ISO 7971-3) - Falling number 250 seconds, minimum (AACC 56.81.04) There is a suggestion to change vomitoxin to 2,5 or 3,0 - W 180 minimum (AACC 54-30.02) - Wet Gluten 25 minimum (AACC 38.12.02) (There is a suggestion to eliminate this item) - Vomitoxin 2PPM maximum (HPLC MS/MS) (There is a suggestion to leave all them in blank) 3.2 Grading by a Superintendent or Analyst Member of GAFTA registered at Brazilian Ministry of Agriculture: - Foreign matter maximum 1.5%; - Bug Damaged maximum 1.0%; - Other Impurities maximum 1.5%; - Goods free from live insects; - Free from poisonous seeds/husks but tolerance maximum 0.10% castor seed and/or castor seed husks. Grading to be performed according to IN 38/2010 issued by Brazilian Ministry of Agriculture. Any further revision or replacement of these regulations in force at time of loading shall be applied. Other quality/condition in accordance with Brazilian Legislation effective at time and place of shipment. Buyer has the option, at its expense, to appoint a Superintendent Member of GAFTA duly registered under Brazilian Ministry of Agriculture, to perform joint sampling and sealing provided that the Seller be advised, at the latest upon vessel’s berthing, of the name of the Independent Surveyor Buyer it is appointing. If the difference in any of the following items between Certificates issued by ▇▇▇▇▇’▇ and ▇▇▇▇▇▇’▇ appointed Surveyors does not exceed the percentages mentioned below, then the results of Surveyors appointed by Seller will be final and binding on the parties. Otherwise, at request of either party exercised within 45 days from the BL date and at its expense, a third test shall be carried out as per following procedure and the average of the 2 closest analysis results shall be final and binding on the parties under this contract. Requesting party shall inform the other party about its decision of requesting a 3rd analysis, by submitting a list containing the ...
QUALITY / CONDITION. To be final at time and place of shipment per certificate(s) covering and limited to the items 15 below based on a general representative composite sample taken according to method laid down in GAFTA Sampling 16 Rules 124 and issued by a Superintendent Member of GAFTA. Cost and choice are on Seller’s account, for the following 17 items (*specify as applicable): 18 19 *A. Milling 20 21 3.1. Laboratory analysis: 22 Method: 23 • Protein (on dry basis) ………………………… : Minimum 12.5% AOAC 984.13A or ISO 20483 24 • Moisture …………………………………………… : Maximum 13.0% AACC 44.15.02 or ISO 712 25 • Test Weight (PH) ………………………………. : Minimum 78.00 kg/HL AACC 55.10 or ISO 7971-3 26 • Falling number …………………………………. : Minimum 250 seconds AACC 56.81.04 27 • W ……………………………………………………… : Minimum 180 AACC 54-30.02 28 • Wet Gluten .......................................... : Minimum 25 AACC 38.12.02 29 • Vomitoxin ………………………………………… : Maximum 2PPM HPLC 30 33 • Bug Damaged ………………………………….. : Maximum 1.0% 34 • Other Impurities ……………………………… : maximum 1.5% 35 • Live insects ……………………………………… : Free from 36 • Poisonous seeds/husks …………………… : Free from, but 37 ▪ castor seed and/or 38 castor seed husks ………………. : Maximum 0.10% 39 *B. Feed 40 41 3.3. Laboratory analysis: 42 Method: 43 • Protein (on dry basis) ………………………… : Minimum 10.50% AOAC 984.13A or ISO 20483 44 • Moisture …………………………………………… : Maximum 14.00% AACC 44.15.02 or ISO 712 45 • Test Weight (PH) ………………………………. : Minimum 72.00 kg/HL AACC 55.10 or ISO 7971-3 46 • Vomitoxin ………………………………………… : Maximum 4PPM HPLC 47 • Aflatoxin …………………………………………. : Maximum 30PPB ISO 17375 or ISO 16050 48 49 50 3.4. Grading by a Superintendent or Analyst • Foreign matter ……………………………….. Member of GAF : Maximum TA registered at Brazilian Ministry of Agricultu 2.0% 51 • Sprouted ………………………………………… : Maximum 2.0% 52 53 Grading to be performed according to IN 38/2010 issued by Brazilian Ministry of Agriculture. Any further revision or 54 replacement of these regulations in force at time of loading shall be applied. 56 Other quality/condition in accordance with Brazilian Legislation effective at time and place of shipment. 57 58 Buyer has the option, at its expense, to appoint a Superintendent, Member of GAFTA and duly registered under the 59 Brazilian Ministry of Agriculture, to perform joint sampling and sealing, provided that the Seller is advised, no later than 60 vessel’s berthing, the name of the Superintendent ▇▇▇▇▇ is appointing. 61 62 If the difference in any of the fol...
QUALITY / CONDITION. To be final at time and place of shipment per certificate(s) covering and limited to the items below based on a general representative composite sample taken according to method laid down in GAFTA Sampling Rules 124 and issued by a Superintendent Member of GAFTA. Cost and choice are on Seller’s account. 3.1 Laboratory analysis: - Protein 12.50% minimum on dry basis (AOAC 984.13A or ISO 20483:2013) (There is a suggestion to change to 12%) - Moisture 13.00% maximum (AACC 44.15.02 or ISO 712:2009) - Test Weight (PH) 78.00 kg/HL minimum (AACC 55.10 or ISO 7971-3) - Falling number 250 seconds, minimum (AACC 56.81.04) - W 180 minimum (AACC 54-30.02) - Wet Gluten 25 minimum (AACC 38.12.02) (There is a suggestion to eliminate this item) - Vomitoxin 2PPM maximum (HPLC MS/MS) (There is a suggestion to leave all them in blank) 3.2 Grading by a Superintendent or Analyst Member of GAFTA registered at Brazilian Ministry of Agriculture: - Foreign matter maximum 1.5%; - Bug Damaged maximum 1.0%; - Other Impurities maximum 1.5%; - Goods free from live insects; - Free from poisonous seeds/husks but tolerance maximum 0.10% castor seed and/or castor seed husks. Grading to be performed according to IN 38/2010 issued by Brazilian Ministry of Agriculture. Any further revision or replacement of these regulations in force at time of loading shall be applied. Other quality/condition in accordance with Brazilian Legislation effective at time and place of shipment. Buyer has the option, at its expense, to appoint a Superintendent Member of GAFTA duly registered under Brazilian Ministry of Agriculture, to perform joint sampling and sealing provided that the Seller be advised, at the latest upon vessel’s berthing, of the name of the Independent Surveyor Buyer it is appointing. If the difference in any of the following items between Certificates issued by ▇▇▇▇▇’▇ and ▇▇▇▇▇▇’▇ appointed Surveyors does not exceed the percentages mentioned below, then the results of Surveyors appointed by Seller will be final and binding on the parties. Otherwise, at request of either party exercised within 45 days from the BL date and at its expense, a third test shall be carried out as per following procedure and the average of the 2 closest analysis results shall be final and binding on the parties under this contract. Requesting party shall inform the other party about its decision of requesting a 3rd analysis, by submitting a list containing the name of three laboratories and/or surveyors, as the case...