Right to move Bulk Wheat Clause Samples
Right to move Bulk Wheat. (a) Subject to clause 5.8, Viterra reserves the right to move or swap Bulk Wheat either within a Port Terminal Facility or to another Viterra Facility if:
(i) Viterra reasonably considers that the quality of the Bulk Wheat or the operation of the Port Terminal Facility may be adversely affected if the Bulk Wheat remains in any particular location;
(ii) the Port Terminal Facility fills, or is expected to fill, during the Service Year;
(iii) Viterra determines (in its reasonable opinion) that it is operationally efficient to move the Bulk Wheat; or
(iv) the Client has not provided Viterra with evidence of an intention to ship or otherwise outturn the Bulk Wheat from the Port Terminal Facility.
(b) Unless otherwise agreed between the Parties, any movements described in clause 6.5(a) will be at the expense of the Client. Viterra will use the then current freight rates published by Viterra.
Right to move Bulk Wheat. (a) The Company reserves the right to either move or swap Bulk Wheat either within a Port Terminal Facility or to another Company Facility if:
(i) sufficient evidence exists to indicate the quality of the Bulk Wheat or Port Terminal Facility may be adversely affected if the Bulk Wheat remains in any particular location;
(ii) the Port Terminal Facility fills (or is expected to fill during the Service Year or Season);
(iii) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Bulk Wheat; or
(iv) the Client has not provided the Company with evidence of an intention to ship or otherwise outturn the Bulk Wheat from the Port Terminal Facility.
(b) Any movements described in clause 6.5(a) will be at the expense of the Client. The Company will use the then current freight rates published by the Company.
Right to move Bulk Wheat.
(a) The Company reserves the right to either move or swap Bulk Wheat either within a Port Terminal Facility or to another Company Facility if:
(i) sufficient evidence exists to indicate the quality of the Bulk Wheat or Port Terminal Facility may be adversely affected if the Bulk Wheat remains in any particular location;
(ii) the Port Terminal Facility fills (or is expected to fill during the Service Year or Season); or
(iii) the Company determines (in the Company’s reasonable opinion) that it is operationally efficient to move the Bulk Wheat; or.
(iv) the Client has not provided the Company with evidence of an intention to ship or otherwise outturn the Bulk Wheat from the Port Terminal Facility.
(b) Any movements described in clause (a) will be at the expense of the Client. The Company will use the then current freight rates published by the Company. prior to the commencement of the Season in order to charge the Client for the movement (and fuel variations may apply).
(c) Without limiting clause 6.5(a), the Company may, at its discretion, overflow Bulk Wheat from any Port Terminal Facility, or swap Bulk Wheat to an alternative Company Facility provided that the Client is compensated for any freight differential.
Right to move Bulk Wheat. (a) Subject to clause 5.9, Viterra reserves the right to move or swap Bulk Wheat either within a Port Terminal Facility or to another Viterra Facility if:
(i) Viterra reasonably considers that the quality of the Bulk Wheat or the operation of the Port Terminal Facility may be adversely affected if the Bulk Wheat remains in any particular location;
(ii) the Port Terminal Facility fills, or is expected to fill, during the Service Year;
(iii) Viterra determines (in its reasonable opinion) that it is operationally efficient to move the Bulk Wheat; or
(iv) the Client has not provided Viterra with evidence of an intention to ship or otherwise outturn the Bulk Wheat from the Port Terminal Facility.
(b) Unless otherwise agreed between the Parties, any movements described in clause 6.6(a) will be at the expense of the Client. Viterra will use the then current freight rates (as varied from time to time) published by Viterra in order to charge the Client for the movement.
(c) Without limiting the operation of any other clauses of this Agreement, Viterra may, at its discretion, overflow Grain from any Viterra Facility, or swap Grain to an alternative Viterra Facility provided that the Client is compensated for any freight differential.