Wood Pulp
1. Preamble
These General Trade Rules shall apply, except when altered by express agreement accepted in writing by both the seller and the buyer.
2. Quantity: Weight and moisture
Unless otherwise stated, the word tonne or ton in this contract shall mean 1,000 kilogrammes air-dry weight, gross for net. The term air-dry shall mean ninety per cent (90%) absolutely dry pulp and ten per cent (10%) water.
The pulp shall be packed in bales of declared uniform weight and air-dry content or a specification to be given stating the weight and air-dry content and number of each bale. Each bale shall bear a number or other identification mark to enable the time of manufacture to be determined by the seller in case of need.
3. Quantity: Margin
For the convenience of chartering a margin of ten per cent (10%) more or less on the contract quantity is allowed. When two or more shipments are made under the same contract, the margin for the total contract quantity may not exceed ten per cent (10%) of what is due to be shipped with the last vessel to fulfil the contract.
4. Quantity: Disputes about air-dry quantity
a) If the buyer shall dispute the air-dry content of the pulp invoiced, he must do so within a time limit of thirty (30) days after the discharge of the goods at the place of destination and base his claim on a test which must show a difference of more than one per cent (1%) in content of the air-dry pulp. That being the case he may submit his claim to the seller and at the same time furnish the seller with the details of the buyer’s test and with at least two names of suitable and competent analysts. If at the time there exists a valid list of analysts approved by the trade associations of the parties, the analysts shall in the first place always be chosen from that list.
b) If the parties fail to agree on the exact quantity within seven (7) days of the seller receiving the claim and the details of the test, a retest shall take place as soon as the seller has chosen one of the proposed analysts. If the seller has not made his choice within fifteen (15) days of the receipt of the names, the buyer has the right to appoint one of the proposed analysts.
c) The retest shall be made in accordance with existing ISO Recommendations or for grades not covered by such recommendations according to a method agreed on between buyer and seller. The seller shall have the right to be represented at the retest. Not less than one half (1/2) of the consignment in dispute shall be available for the retest otherwise no claim can be established. If the difference in net weight does not exceed one per cent (1%) as compared with the original invoice, the invoice shall stand as originally rendered. The analyst’s findings shall be final and all expenses incidental to the retest shall be paid by the party in error.
d) The buyer shall, however, in any case pay the invoice when due. Final adjustment shall be made when the retest is completed and according to the result of the same.