Weighing Sampling and Analysis. 4.1 The final determination of the actual quantity of coal delivered to Buyer hereunder shall be made by Buyer's weighing of the coal on the truck scales at the Station or any alternate destination designated by Buyer's Agent, or such other method as the parties may mutually agree upon. Buyer shall record such weights in Buyer's transaction receipt and report or weight ticket for each shipment. Absent manifest error, the scale weights recorded in the transaction receipt and report or weight ticket prepared by Buyer shall be controlling as to the quantity of coal delivered.
Weighing Sampling and Analysis. The BUYER, the SELLER and GECAMINES shall confer and before the first dispatch shall adopt and record mutually agreed methods of weighing, sampling and analyzing. Such methods shall be accurate and reliable. They shall be appropriate and, based on internationally recognized and industrial standards, provide efficient economic and practical ways of determining accurate weights, obtaining representative samples, and producing accurate analyses of Cobalt Alloy.
Weighing Sampling and Analysis. Protocol means the weighing, sampling and analysis protocol on the terms initialled by each of Rio Tinto and BHP Billiton for identification on or about the date of this Agreement.
Weighing Sampling and Analysis. (a) For all Clause 6 Sales, the Manager must comply with the Weighing, Sampling and Analysis Protocol in relation to the weighing of shipments of Iron Ore Product and the sampling and analysis of shipments of Iron Ore Product at the relevant loading port in Western Australia.
Weighing Sampling and Analysis. 9.1. The Seller and the Buyer will comply with the procedures set out in Schedule 2 for the weighing, sampling and analysis of Product at the Port of Loading.
Weighing Sampling and Analysis. 10.1. The Seller and the Buyer will comply with the procedures set out in Schedule 2 for the weighing, sampling and analysis of the Product at the Port of Loading and the Port of Discharge.
Weighing Sampling and Analysis. GENERAL Each Party has the right to have a representative present, at such Party’s expense, at the Designated Delivery Point during the loading, weighing and sampling of the Coal. WEIGHING
Weighing Sampling and Analysis. Cargill will operate and maintain the Bulk Weigher in accordance with applicable regulations for the purpose of weighing, grading and inputting account information related to the supply of Corn by Cargill hereunder. The Corn will be inspected, weighed and graded by Cargill before the Corn is transported via the Belt to the Ethanol Facility pursuant to operating procedures to be mutually agreed upon in writing prior to the Testing Date (as amended from time to time, the “Operating Procedures”). The Operating Procedures will provide among other things (a) for inspection, sampling and analysis, and weighing of the Corn in accordance with legal requirements and in a manner generally consistent with trade practices in effect and appropriate for the transactions contemplated in this Agreement, (b) that Producer will be entitled access to Corn samples in the event a question arises over Corn quality, in which case Producer will have the right to request that the Corn samples be re-tested by state grain inspectors, and (c) procedures for the testing and calibration of the Bulk Weigher on a semi-annual basis or on the request of Cargill or Producer in the event Cargill or the Producer has a good faith belief that the Bulk Weigher is not accurate, and (d) procedures for adjustment or true-up of the Purchase Price for Corn in the event the Belt Weigher is found to be outside of applicable tolerances in accordance with law or, if lower, industry standards. Any unresolved disputes concerning the weight, volume, grade or quality of Corn delivered hereunder will be resolved pursuant to applicable laws, regulations and trade practices as in effect from time to time. Cargill and Producer will work together to provide employees with training relating to operation of the Belt; provided, however, that Producer will pay for any Producer employees necessary for the operation of the Belt who must be trained and licensed in accordance with all laws.
Weighing Sampling and Analysis. Each truckload of Coal delivered by Contractor to Owner at the Point of Delivery in accordance with Section 3.3 hereof shall be weighed by Owner on its truck scales at the Point of Delivery and sampled and analyzed by Owner at a facility designated by Owner for the purpose of determining whether such truckload of Coal meets the Specifications, it being understood and agreed that such sampling and analysis shall be by nuclear analysis, truck top sampling, belt cut sampling or any other method as Owner shall determine in its sole and absolute discretion. Owner shall keep a record of all such weights and analyses, which shall be deemed valid, conclusive and binding for all purposes of this Agreement so long as they are made in good faith. Anything contained herein to the contrary notwithstanding, Owner shall not be obligated to weigh, sample, analyze or make any payment to Contractor whatsoever with respect to any truckload of Coal delivered by Contractor hereunder if, in the sole opinion of Owner, as a result of visual inspection, said truckload of Coal does not meet the Specifications. Any refusal by Owner to weigh, sample, analyze or make payment with respect to, any truckload of Coal pursuant to the immediately preceding sentence shall not relieve Contractor of its obligation to deliver the quantity of Clean Coal specified by Owner pursuant to Section 3.3 above. Anything contained herein to the contrary notwithstanding, Owner shall not be obligated to make any payment to Contractor whatsoever with respect to any truckload of Coal delivered by Contractor hereunder if, as a result of Owner’s sampling and analysis, such truckload does not meet the Specifications; and it is understood and agreed that the delivery of any such truckload shall not relieve Contractor of its obligation to deliver the quantity of Clean Coal specified by Owner pursuant to Section 3.3 above. In the event that any truckload of Coal delivered by Contractor to the Point of Delivery fails to meet the Specifications or if, for any other reason whatsoever, Owner is not obligated to compensate Contractor hereunder with respect to Coal delivered by Contractor to the Point of Delivery, then, upon notice from Owner, and provided that such Coal has not yet been unloaded from the trucks at the Point of Delivery, Contractor shall be responsible, at its sole cost and expense, for promptly removing such Coal from the Point of Delivery. Contractor may sell any rejected truckload as junk coal and Con...
Weighing Sampling and Analysis
