Common use of Weigh Clause in Contracts

Weigh. (i) CBH is obliged to Outturn Grain to a standard not less than the Receival Standard applicable to the Common Stack Segregation unless CBH is permitted by the Bulk ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (WA) or the Bulk Handling Act Regulations 1967 (WA) to Outturn Grain to a standard that is less than the Receival Standard applicable to the Common Stack Segregation. (ii) If an export licence or permit requires Grain to a standard that exceeds the relevant minimum Receival Standard, cleaning of the Grain may be required. The Customer agrees to pay the charges applicable to clean the Grain to the standard required by the export licence or permit as quoted. (iii) To the extent that the Outturning Quality Specifications are greater than the Receival Standard, CBH will use reasonable endeavours to meet the Outturning Quality Specification provided that the Customer has: (A) given notice of the relevant required Outturning Quality Specification in the Export Outturn Request; and (B) worked with CBH pursuant to a Grain Service Agreement to develop a Quality Management Plan. (iv) CBH will outturn field peas to no less than the export standard ▇▇▇▇▇▇ dressed as set by the current Australian Pulse Standards as published by Pulse Australia or the CBH Receival Standards as applicable below: (A) PKA1/PEA1: CSP 10.1.2 as set out in the Australian Pulse Standards; (B) PEA2: CSP 10.2.2 as set out in the Australian Pulse Standards; and (C) PEAMIL/PFED1: as per CBH Receival Standards, unless the Customer agrees to pay the fees advised by CBH that relate to or are in any way connected with the cleaning of the field peas. (v) To the extent that outturn to a higher standard is required by the Customer: (A) the Customer must notify CBH in writing of the relevant outturn standard; and (B) CBH may assess whether additional charges will be applicable. CBH shall weigh all Grain Outturned using its certified batch weighers. In the absence of manifest error or fraud the CBH weight measurement will be final.