Transfers of title. (a) The Client may elect, by prior written (or electronic) notice to Viterra, to effect an In Store Transfer of all or part of its Outturn Entitlement. (b) The Client agrees that the tonnage will only be calculated to two decimal places (rounded up/down) when an In Store Transfer is effected. (c) Subject to this clause 7.12, the transferee under an In Store Transfer will be entitled to an Outturn without any further reduction for Shrinkage. (d) The transferor under an In Store Transfer will remain responsible for payment of all fees and charges in respect of Services provided up until the effective date of transfer. (e) Viterra may require In Store Transfers to take place at an individual weighnote level, in order to allow calculations of the value of the Grain to be ascertained between the transferor and transferee. (f) Viterra may refuse to process an In Store Transfer if the In Store Transfer results in the transferor's Outturn Entitlement going into a negative position at any particular Viterra Facility. (g) For the purposes of accepting or rejecting an In Store Transfer, Viterra is entitled to rely on orders or instructions: (i) issued by email from the Client's domain address and purporting to have been sent by an authorised representative of the Client (or such authorised representatives as the Client may from time to time advise Viterra in writing); or (ii) executed via the Ezigrain web site as accessed through entry of the Client's security setting. (h) If Viterra has acted in accordance with this clause 7.12, the Client releases and holds Viterra harmless against any claim that a communication was not issued by the Client either at all or without authority and indemnifies Viterra against any Losses arising from such claims.
Appears in 2 contracts
Sources: Storage & Handling Agreement, Storage & Handling Agreement
Transfers of title. (a) The Client may elect, by prior written (or electronic) notice to Viterra, to effect an In Store Transfer of all or part of its Outturn Entitlement.
(b) The Client agrees acknowledges that the tonnage will only be calculated to two or more places decimal places (rounded up/down) when an In Store Transfer is effected.
(c) Subject to this clause 7.127.10, the transferee under an In Store Transfer will be entitled to an Outturn without any further reduction for Shrinkage.
(d) The transferor under an In Store Transfer will remain responsible for payment of all fees and charges in respect of Port Terminal Services provided up until the effective date of transfer.
(e) Viterra may require In Store Transfers to take place at an individual weighnote level, in order to allow calculations of the value of the Grain Bulk Wheat to be ascertained between the transferor and transferee.
(f) Viterra may refuse to process an In Store Transfer if the In Store Transfer results in the transferor's Outturn Entitlement going into a negative position at any particular Viterra Facility.
(g) For the purposes of accepting or rejecting an In Store Transfer, Viterra is entitled to rely on orders or instructions:
(i) issued by email from the Client's domain address and purporting to have been sent by an authorised representative of the Client (or such authorised representatives as the Client may from time to time advise Viterra in writing); or
(ii) executed via the Ezigrain web site website as accessed through entry of the Client's security setting.
(h) If Viterra has acted in accordance with this clause 7.127.10, the Client releases and holds Viterra harmless against any claim that a communication was not issued by the Client either at all or without authority and indemnifies Viterra against any Losses arising from such claims.
Appears in 2 contracts
Sources: Port Terminal Services Agreement, Port Terminal Services Agreement
Transfers of title. (a) The Client may elect, by prior written (or electronic) notice to Viterra, to effect an In Store Transfer of all or part of its Outturn Entitlement.
(b) The Client agrees acknowledges that the tonnage will only be calculated to two or more places decimal places (rounded up/down) when an In Store Transfer is effected.
(c) Subject to this clause 7.127.9, the transferee under an In Store Transfer will be entitled to an Outturn without any further reduction for Shrinkage.
(d) The transferor under an In Store Transfer will remain responsible for payment of all fees and charges in respect of Port Terminal Services provided up until the effective date of transfer.
(e) Viterra may require In Store Transfers to take place at an individual weighnote level, in order to allow calculations of the value of the Grain Bulk Wheat to be ascertained between the transferor and transferee.
(f) Viterra may refuse to process an In Store Transfer if the In Store Transfer results in the transferor's Outturn Entitlement going into a negative position at any particular Viterra Facility.
(g) For the purposes of accepting or rejecting an In Store Transfer, Viterra is entitled to rely on orders or instructions:
(i) issued by email from the Client's domain address and purporting to have been sent by an authorised representative of the Client (or such authorised representatives as the Client may from time to time advise Viterra in writing); or
(ii) executed via the Ezigrain web site website as accessed through entry of the Client's security setting.
(h) If Viterra has acted in accordance with this clause 7.127.9, the Client releases and holds Viterra harmless against any claim that a communication was not issued by the Client either at all or without authority and indemnifies Viterra against any Losses arising from such claims.
Appears in 1 contract
Sources: Port Terminal Services Agreement
Transfers of title. (a) The Client may elect, by prior written (or electronic) notice to Viterra, to effect an In In-Store Transfer of all or part of its Outturn Entitlement.
(b) The Client agrees acknowledges that the tonnage will only be calculated to two or more places decimal places (rounded up/down) when an In In-Store Transfer is effected.
(c) Subject to this clause 7.127.9, the transferee under an In In-Store Transfer will be entitled to an Outturn without any further reduction for Shrinkage.
(d) The transferor under an In In-Store Transfer will remain responsible for payment of all fees and charges in respect of Port Terminal Services provided up until the effective date of transfer.
(e) Viterra may require In In-Store Transfers to take place at an individual weighnote level, in order to allow calculations of the value of the Grain Bulk Wheat to be ascertained between the transferor and transferee.
(f) Viterra may refuse to process an In In-Store Transfer if the In In-Store Transfer results in the transferor's Outturn Entitlement going into a negative position at any particular Viterra Facility.
(g) For the purposes of accepting or rejecting an In In-Store Transfer, Viterra is entitled to rely on orders or instructions:
(i) issued by email from the Client's domain address and purporting to have been sent by an authorised representative of the Client (or such authorised representatives as the Client may from time to time advise Viterra in writing); or
(ii) executed via the Ezigrain web site ezigrain™ website as accessed through entry of the Client's security setting.
(h) If Viterra has acted in accordance with this clause 7.127.9, the Client releases and holds Viterra harmless against any claim that a communication was not issued by the Client either at all or without authority and indemnifies Viterra against any Losses arising from such claims.
Appears in 1 contract
Sources: Port Terminal Services Agreement