ADES » Topics » SECTION 8. TRANSPORTATION OBLIGATIONS

This excerpt taken from the ADES 10-Q filed Nov 7, 2008.

SECTION 8. TRANSPORTATION OBLIGATIONS

8.1 Transport. Seller shall arrange for the transport of Carbon supplied by Seller hereunder to the Point of Delivery. Transportation arranged by Seller shall be of sufficient capacity to accommodate the transport of the Annual Nominations made (and adjusted) pursuant to Section 4 of this Agreement. Buyer shall pay all of the documented costs (including insurance and freight) for such shipment to the Point of Delivery in accordance with the cost methodology set forth in Exhibit 5, which costs shall be directly billed to Buyer by the shipping companies to the extent possible. Seller shall at all times comply with Buyer’s reasonable requests regarding selection and management of shipping and shall provide Buyer access to all of Seller’s documents and records regarding shipment costs and expenses. Seller’s delivery agent shall be responsible for the unloading of Carbon at Buyer’s Facility. Seller shall use or cause to be used transport equipment that is in good condition, clean, and ready to load.

 

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If at any time during the term of this Agreement Buyer elects to arrange for the transportation of Carbon from Seller’s Facility to the Point of Delivery, Buyer shall provide Seller with not less than thirty (30) Days written notice prior to the date on which Buyer elects to assume responsibility for transportation. Notwithstanding the foregoing, if at any time Buyer fails to provide transportation in accordance with the delivery schedule set forth herein and such failure adversely impacts Seller’s operations, then Seller shall have the right to arrange for transportation as set forth in the preceding paragraph and Buyer shall pay all such documented costs.

This excerpt taken from the ADES 10-Q filed Aug 6, 2008.

SECTION 8. TRANSPORTATION OBLIGATIONS

8.1 Transport. Unless otherwise agreed Seller shall arrange for the Carbon’s transport by truck to and the offloading at the Point of Delivery. Such trucks shall be of sufficient capacity to accommodate the transport of the Annual Nominations made (and adjusted) pursuant to this Agreement. Buyer shall pay all of the documented and reasonable costs for such shipment from Seller’s Facility to the Point of Delivery, which costs shall be directly billed to Buyer by the shipping companies to the extent possible. Seller shall at all times comply with Buyer’s reasonable requests regarding selection and management of shipping and shall provide Buyer access to all of Seller’s documents and records regarding shipment costs and expenses. Seller shall be responsible for unloading of trucks at Buyer’s facility. Seller shall use or cause to be used trucks that are in good condition, suitable for activated carbon transport, and ready to load.

EXCERPTS ON THIS PAGE:

10-Q
Nov 7, 2008
10-Q
Aug 6, 2008

RELATED TOPICS for ADES:

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