Common use of QUALITY / CONDITION Clause in Contracts

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 respond, requesting party has the right to proceed and appoint any of the three names. - the test shall be performed on a contractual composite (aggregate) sample counter-sealed by Seller´s and Buyer’s appointed Surveyors; - for laboratory analysis, the chosen laboratory shall be an independent Surveyor chosen as mentioned above and recognized as GAFTA Analyst Member who shall perform the tests following the methodology established on this contract. - For grading analysis, the surveyor chosen as mentioned above shall also be recognized as a GAFTA Analyst Member duly registered under Brazilian Ministry of Agriculture and shall perform the tests following the methodology established on this contract. The request of a third test shall not entitle Buyers to refuse or delay the payment of shipping documents in accordance with clause 14. 4.

QUALITY / CONDITION. To be final at time and place of shipment per certificate(s) covering and limited to the items below below, based on a general representative composite sample taken according to method laid down in GAFTA Sampling Rules 124 FOSFA Standard Contracts method list and issued by a Superintendent Member member superintendent of GAFTAFOSFA. Cost and choice are on Seller’s account. 3.1 Laboratory analysisanalysis by a FOSFA Analyst Member: - Oil content: basis 18.5% (AOCS Ac 3 – 44) with non-reciprocal allowance of 1% discount for each 1% deficiency, fractions in proportion, in Buyer’s favour for any deficiency; - Moisture: maximum 14.514% (ISO 6540:1980) – by a GAFTA Analyst Member AOCS Ac 2 - Total Aflatoxins (B1-B2-G1-G2): maximum 20 PPB (HPLC) – by a GAFTA Analyst Member or by an ISO 17025 accredited laboratory 41). 3.2 Grading by a Superintendent or Analyst Member of GAFTA FOSFA registered at Brazilian Ministry of Agriculture: - Foreign matter matter: basis 1%, maximum 1.52% with non-reciprocal allowance of 1% discount for each 1% deficiency, fractions in proportion; - Damaged beans: basis 8%, maximum 8.5% with non-reciprocal allowance of 2% discount for each 1% deficiency, fractions in proportion, of which maximum 4% heat damaged and burned (maximum being 1% burned) and 6% mouldy; - Broken beans: maximum 30%; - Broken kernels Greenish beans: maximum 3.08%; - Damaged kernels: maximum 5.0% of which maximum 1.0% heat damaged and/or germinating; - Goods Substantially free from live insects; - Free from poisonous seeds/husks but tolerance maximum 0.10husks, within tolerances of: 1 particle of treated vegetal seeds with unknown level of toxicity for each 1 kg sample at each lot of 5,000 metric tons loaded or part thereof; 1 particle of toxic natural vegetal seeds for each 1 kg sample at each lot of 5,000 metric tons loaded or part thereof; max. 0.005% castor seed and/or castor seed huskshusks for general composite sample. Grading to be performed according to IN 60/2011 11/2007 and IN 37/2007 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 Member Superintendent Member of GAFTA FOSFA duly registered as under Brazilian Ministry of Agriculture, 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 Damaged Beans 0.5%, Heat Damaged kernels 0.5% and Foreign Matter 0.2%, Greenish beans 0.5%, Burned 0.10% and Heat Damaged and/or Germinating Mouldy 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 Any allowances shall be settled by a complementary debit note. The 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 a counterparty fails to respond, requesting party has the right to proceed and appoint any of the three names. - the test shall be performed on a contractual composite (aggregate) sample counter-sealed by Seller´s Seller’s and Buyer’s appointed Surveyors; - for laboratory analysis, the chosen laboratory shall be an independent Surveyor chosen as mentioned above and recognized as GAFTA a FOSFA Analyst Member who shall perform the tests following the methodology established on this contract. - For grading analysis, the surveyor chosen as mentioned above shall also be recognized as a GAFTA FOSFA Analyst Member duly registered under Brazilian Ministry of Agriculture and shall perform the tests following the methodology established on this contract. The request of a third test shall not entitle Buyers to refuse or delay the payment of shipping documents in accordance with clause 14. 4.. PACKING: In bulk 5. DELIVERY PERIOD: Between................................…....................................................., both dates included. Provided the vessel tenders NOR as per Clause 10 and is ready to load within the Delivery Period, Sellers shall, if necessary, complete loading after the delivery period. 12345678910111213141516171819202122232425262728293031323334353637383940414243444546474849505152535455565758596061626364

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 covering full quantity loaded taken according to method laid down in the 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 as under Brazilian Ministry of Agriculture, 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 respond, requesting party has the right to proceed and appoint any of the three names. - the test shall be performed on a contractual composite (aggregate) sample counter-sealed by Seller´s Seller’s and Buyer’s ▇▇▇▇▇’▇ appointed Surveyors; - for laboratory analysis, the chosen laboratory shall be an independent Surveyor chosen as mentioned above and recognized as a GAFTA Analyst Member who shall perform the tests following the methodology established on this contract. - For grading analysis, the surveyor chosen as mentioned above shall also be recognized as a GAFTA Analyst Member duly registered under Brazilian Ministry of Agriculture and shall perform the tests following the methodology established on this contract. The request of a third test shall not entitle Buyers to refuse or delay the payment of shipping documents in accordance with clause 14. 4.

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 covering full quantity loaded taken according to method laid down in the 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 as under Brazilian Ministry of Agriculture, 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 respond, requesting party has the right to proceed and appoint any of the three names. - the test shall be performed on a contractual composite (aggregate) sample counter-sealed by Seller´s Seller’s and Buyer’s appointed Surveyors; - for laboratory analysis, the chosen laboratory shall be an independent Surveyor chosen as mentioned above and recognized as a GAFTA Analyst Member who shall perform the tests following the methodology established on this contract. - For grading analysis, the surveyor chosen as mentioned above shall also be recognized as a GAFTA Analyst Member duly registered under Brazilian Ministry of Agriculture and shall perform the tests following the methodology established on this contract. The request of a third test shall not entitle Buyers to refuse or delay the payment of shipping documents in accordance with clause 14. 4.

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 covering full quantity loaded taken according to method laid down in GAFTA Sampling Rules 124 FOSFA Standard Contracts method list and issued by a Superintendent Member member superintendent of GAFTAFOSFA. Cost and choice are on Seller’s account. 3.1 Laboratory analysisanalysis by a FOSFA Analyst Member: - Oil content basis: 18.5% (AOCS Ac 3 – 44) with non-reciprocal allowance of 1% discount for each 1% deficiency, fractions in proportion, in Buyer’s favour for any deficiency; - Moisture: maximum 14.5% (ISO 6540:1980) – by a GAFTA Analyst Member 14%(AOCS Ac 2 - Total Aflatoxins (B1-B2-G1-G2): maximum 20 PPB (HPLC) – by a GAFTA Analyst Member or by an ISO 17025 accredited laboratory 41); 3.2 Grading by a Superintendent or Analyst Member of GAFTA FOSFA registered at Brazilian Ministry of Agriculture: - Foreign matter matter: basis 1%, maximum 1.52% with non-reciprocal allowance of 1% discount for each 1% deficiency, fractions in proportion; - Damaged beans: basis 8%, maximum 8.5% with non-reciprocal allowance of 2% discount for each 1% deficiency, fractions in proportion, of which maximum 4% heat damaged and burned (maximum being 1% burned) and 6% mouldy; - Broken beans: maximum 30%; - Broken kernels Greenish beans: maximum 3.08%; - Damaged kernels: maximum 5.0% of which maximum 1.0% heat damaged and/or germinating; - Goods Substantially free from live insects; - Free from poisonous seeds/husks but tolerance maximum 0.10husks, within tolerances of: 1 particle of treated vegetal seeds with unknown level of toxicity for each 1 kg sample at each lot of 5,000 metric tons loaded or part thereof; 1 particle of toxic natural vegetal seeds for each 1 kg sample at each lot of 5,000 metric tons loaded or part thereof; max. 0.005% castor seed and/or castor seed huskshusks for general composite sample. Grading to be performed according to IN 60/2011 11/2007 and IN 37/2007 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 Member Superintendent Member of GAFTA FOSFA duly registered as under Brazilian Ministry of Agriculture, 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 Damaged Beans 0.5%, Heat Damaged kernels 0.5% and Foreign Matter 0.2% Greenish beans 0.5%, Burned 0.10% and Heat Damaged and/or Germinating Mouldy 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 Any allowances shall be settled by a complementary debit note. The 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 a counterparty fails to respond, requesting party has the right to proceed and appoint any of the three names. - the test shall be performed on a contractual composite (aggregate) sample counter-sealed by Seller´s Seller’s and Buyer’s ▇▇▇▇▇’▇ appointed Surveyors; - for laboratory analysis, the chosen laboratory shall be an independent Surveyor chosen as mentioned above and recognized as GAFTA a FOSFA Analyst Member who shall perform the tests following the methodology established on this contract. - For grading analysis, the surveyor chosen as mentioned above shall also be recognized as a GAFTA FOSFA Analyst Member duly registered under Brazilian Ministry of Agriculture and shall perform the tests following the methodology established on this contract. The request of a third test shall not entitle Buyers to refuse or delay the payment of shipping documents in accordance with clause 14. 4.. PACKING: In bulk 1234567891011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556575859606162