Common use of QUANTITY AND WEIGHTS Clause in Contracts

QUANTITY AND WEIGHTS. A. PRODUCTION AMOUNT. EKAE represents and warrants that it will sell to UBEI and UBEI represents and warrants that it will purchase from EKAE all Distiller's Grains produced at the Plant; provided, however, that UBEI shall locally market a portion of the Distiller's Grains produced at the Plant. Any locally marketed Distiller's Grains shall be subject to a minimum pick-up requirement of 5 tons per customer for wet Distiller's Grains and 2 tons per customer for dry Distiller's Grains and shall require afternoon pickup with forty-eight (48) hours prior notice. UBEI agrees to provide any and all customers of locally marketed Distiller's Grains truck and/or wagon access to the Distiller's Grains at the Plant. It is understood that total production amount of Distiller's Grains shall be determined by EKAE's production schedule and that no warranty or representation has been made by EKAE as to the exact quantities or timing of Distiller's Grains to be produced pursuant to this Agreement.