Here are the most applied rules when sampling grains for quality control purposes.
DEFINITIONS- TYPES OF SAMPLES
• Increment Samples
Samples taken by hand scoop (or whatever instrument appropriate) direct from the consignment of less than 1 kilo
in weight, or if taken mechanically, weight appropriate to the equipment.
• Bulk Sample
Is the accumulation of all the increment samples.
• Contractual Samples
Samples reduced from the bulk sample sealed to 1 kilo containers each, in as many containers as required by Rule
5.
• Analysis Samples
Samples are reduced from the contractual samples, by the laboratories, to quantities appropriate for analysis tests.
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1. GENERAL
For all contracts incorporating the terms and conditions of The Grain and Feed Trade Association (GAFTA),
samples shall be drawn, mixed and sealed in accordance with the following rules: -
1:1 For the purpose of these Rules, the words "Buyers" and "Sellers" shall be deemed to be the parties to the
contract and their respective superintendents at the port where the cargo is loaded and/or discharged and/or
transshipped.
1:2 Pursuant to the contract terms and for the purposes of these Rules, superintendents shall be appointed from the
GAFTA Approved Register of Superintendents.
1:3 If one of the parties is not represented for sampling or refuses to draw and/or seal samples as called for under
the contract, the other party shall under advice to that party call upon a competent independent
organisation for
the appointment of a superintendent to act on their behalf to draw and/or seal samples according to these Rules.
Extra expenses incurred in this connection shall be borne by the defaulting party.
1:4 The word "sealed" shall mean jointly sealed samples by the Buyers and Sellers or their superintendents and shall
be sealed in such a manner as to prevent any access to the sample without breaking or removing the seal. The
seal's mark should be clearly identifiable and clearly visible.
1:5 Sample Labels
Every contractual sample shall be sealed and shall bear the name of the ship, the quantity represented by the
sample and the date the sample was sealed, and any other pertinent information which may be required on the
label as follows:
Sender ...................................................................................................................................
M.V. ....................................................................................................................................
From ....................................................................................................................................
To ........................................................................................................................................
Commodity.............................................................................................................................
Bags/Bulk...............................................................................................................................
Marks ...................................................................................................................................
Shipper/Seller/Buyer ..................................................................................................................
Set No ..................................... Sample No................................................................................
Date and Place of Sealing ............................................................................................................
Quantity represented by this sample ................................................................................................
Part Total Quantity of ................................................................................................................
Purpose of Sample ....................................................................................................................
*Arbitration (Quality/Rye Terms), Natural Weight/Analysis .................................................................
* delete as appropriate
D/O Receiver Quantity
B/L
No.
Seals ....................................................................................................................................
(Labels may be purchased from Gafta)
1:6 For parties who have contracted in long tons, samples should be drawn for every 500 long tons, and for parties
who have contracted in metric tons, samples should be drawn every 500 tonnes.
2. METHOD OF DRAWING SAMPLES
2:1 Samples shall be taken as required by the contract, in accordance with the following provisions of the Rules,
during the discharge, and/or loading and/or transshipment operations as the case may be.
In the event that the operations preclude access to the hold or a mutually agreed acceptable sampling point, the
superintendents may stop the operation in order to draw increment samples as required by these Rules. The
parties are deemed to have agreed to this procedure. Sampling points have to be carefully selected, and agreed
by the superintendents, at a point where the increment samples drawn are representative of the goods loaded
and/or discharged and/or transshipped.
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If samples are to be drawn outside of natural daylight they must be drawn under full and properly adequate
ship's lighting and/or installation lighting. Irrespective of the time or place of sampling, the division,
classification and sealing of contractual samples shall always be carried out in daylight or, in artificial light if
considered adequate and mutually agreed by the superintendents.
2:2 Increment Samples
2:2:1 According to the rate of loading or discharge, increment samples shall be taken uniformly and
systematically in order to achieve representative samples of the consignment, and placed in mutually agreed
suitable container(s), to be kept closed and secure. As many increment samples as practically and physically
possible shall be taken throughout discharge/loading, and where possible, each increment sample should not
exceed 1 kilogram.
2:2:2 For contractual tonnage over 500 tonnes and under 5,000 tonnes a minimum of 20 kilogram, and over
5,000 tonnes a minimum of 10 kilogram, bulk sample of increments shall be taken for each 500 tonnes.
However, if the contractual tonnage is less than 550 tonnes, the bulk sample of increments drawn shall be not
less than 40 kilograms.
2:2:3 In any event, before the contractual sets of samples are prepared; increments shall be taken from the
whole of the contract tonnage, except where the parties have agreed that the standing-in clause applies. In
which event increments shall be taken from either the whole bill of lading quantity, or hold tonnage pursuant
to Rule 5:2:1 and 5:2:3.
2:2:4 Security
If, due to the vast tonnage being loaded or discharged the bulk increment samples cannot be contained in one
place, or at any cessation of work, and when full, the containers containing the increment samples must be
sealed by the superintendents, and for safe custody, placed in a mutually approved secure place, until required
to be divided and reduced for the contractual sets of samples.
2:2:5 Division of Increment Samples
Upon completion of the loading or the discharge of the contractual tonnage, all increment samples shall be
emptied on to a well cleaned and flat surface (or for PP/PE bags into the approved mechanical division system
- see Rules 3:3), in an area free from any possible contamination. The increment samples representing the
total contractual quantity shall be thoroughly mixed into a bulk sample. Upon completion of the increment
sampling, the bulk sample shall then be divided until reduced to the required quantity needed for the
contractual sets of samples, and these samples shall be sealed without delay.
2:3 Bags
2:3:1 For goods in bags increment samples shall be drawn from original bags which are clearly identifiable
with the appropriate markings; (a) for up to 100 bags, not less than 20 of the bags shall be sampled; (b) for up
to 1000 bags, not less than 50 of the bags shall be sampled, and (c) over 1000 bags, not less than 3% with a
minimum of 50 of the bags shall be sampled. Increment samples shall be drawn uniformly, by a piercing
spear from the top, middle and bottom of each bag. If it is not possible to draw a sample by spear efficiently,
then the original bags may be opened to sample by hand scoop. So far as is possible samples shall be drawn
from the ends and middle of the bags in rotation.
2:3:2 Bags for cutting and starting (bleeding); when goods are loaded from bags to be cut and bled into the
hold(s) of the vessel, increment samples shall be taken at the nearest point to the hold, either in accordance
with Rule 2:4:1 for goods in bulk, or if not possible, samples shall be drawn from the bags as provided in
Rule 2:3:1 for goods in bags.
2:3:3 Slab Cakes in bags; one cake to be taken from each of a number of bags selected at random but not less
than 5 bags per 100 tonnes. Each cake to be broken into 8 pieces of about equal size. Each sample shall
contain equal portions from each part of the cake.
2:4 Bulk
2:4:1 For goods in bulk at loading; increment samples shall be drawn uniformly and systematically,
concurrently with loading at the nearest practicable point to the vessel. If increment samples are drawn from
conveyor, or ex-vehicle, or ex-silo overside to vessel, they shall be drawn from a moving stream. If loading is
by grab, increment samples shall be drawn from the quay or barge from the bulk, excluding the run.
Increment samples shall be taken by ordinary hand scoop, spear, or by other mutually agreed equipment
throughout loading.
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2:4:2 For goods in bulk at discharge; increment samples shall be drawn uniformly and systematically,
concurrently with discharge, from various parts of the hold in a fair proportion, excluding the run. If for any
reason they cannot be drawn from the hold, increment samples shall be drawn uniformly and systematically,
concurrently with discharge, at the nearest practicable point to the hold, preferably from a moving stream
when discharging overside, or to silo, to craft or other means of transport. Increment samples shall be taken
by ordinary hand scoop or by other mutually agreed equipment throughout discharge.
2:4:3 Slab Cakes in bulk; 5 cakes to be selected at random for each 100 tonnes. Each cake to be broken into
8 pieces of about equal size. Each contractual sample shall contain equal portions from each part of the cake.
2:5 Containers
Where goods are loaded, shipped or delivered in containers, in bulk or bags, increment samples shall be drawn
in accordance with Rule 2:3 and 2:4 at the stuffing and unstuffing of the container, as the case may be, in
accordance with the contract, by the most practical means possible agreed by the superintendents.
2:6 Contracts for Road and Rail Transport
Where grain samples are required to be taken from wagons or vehicles at loading, the increment samples shall
be taken by spear from not less than 3 sampling points from each wagon or vehicle. Where feedingstuffs
samples are required to be taken from wagons or vehicles at loading, the increment samples shall be drawn by
ordinary hand scoop or by other mutually agreed equipment, from the moving stream at the outlet of the filling
hopper. At discharge grain and feedingstuffs increment samples shall be drawn by ordinary hand scoop, or by
any mutually agreed equipment, from the moving stream at the outlet(s) of the wagons or vehicles.
3. SAMPLE BAGS AND SAMPLE CONTAINERS
3:1 CB. (Containing Bags)
"CB" means the containing bags shall be new, made of non-toxic, odourless, unglazed, insewn, man-made or
natural fibre or a mixture thereof, sufficiently tightly woven to retain all dust and/or foreign matter and prevent
the moving apart of the warp and the weft of the material. They shall be tightly filled and securely tied before
sealing.
3:2 MPC. (Moisture Proof Containers)
"MPC" means the containers shall be bottles, jars or tins with close fitting lids, or strong polythene of a
minimum 250 gauge bags securely tied, and that such containers are labelled and shall be sealed, and if required
by either superintendent, enclosed in a sealed "CB".
3:3 PP/PE. (Polypropylene/Polyethylene)
When the Council of GAFTA has given prior approval in writing to an operator to use an electrical/mechanical
system for the division, packing and sealing samples, bags of sufficiently ventilating foil of PP/PE
polypropylene/polyethylene material may be used in place of CB referred to in 3:1 above, or bags of
non-ventilating foil of PP/PE polypropylene/polyethylene material may be used in place of containers MPC
referred to in 3:2 above.
4. QUALITY CERTIFICATION AT TIME OF LOADING.
Where the contract provides that a certificate of inspection of a superintendent, government or authority at time
of loading shall be final as to quality, then the superintendent, government or authority shall be solely
responsible for drawing samples and Rules 1:3 and 5 do not apply.
An arbitration sample will be drawn only for those contract specifications, quality/condition/guarantees and
warranties required under the contract and not covered by the certificate of inspection.
5. CONTRACTUAL SAMPLES REQUIRED FOR ANALYSIS TESTS AND ARBITRATION
PURPOSES
5:1 Sets of Samples
A contractual set of samples is required for each 500 tonnes, or for any balance or contract for a lesser quantity,
except where such balance does not exceed 50 tonnes, in which event a further sample is not required but the
quantity shall be incorporated into the last samples drawn and so recorded on the sample labels. All contractual
samples for any purpose shall be not less than 1 kilogram, except for natural weight tests where the samples
shall be not less than 5 kilograms. Unless the contract stipulates otherwise, sets of samples of each parcel are
required as follows: -
5:1:1 For Grain, Pulses, Seeds and Rice (except Malting Barley) at Loading sold on FOB Contracts or at
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Discharge sold on CIF, CIFFO, C&F Contract Terms
One set of samples consists of the following: -
CB - arbitration
CB - analysis
MPC - moisture when required by the contract
CB - Natural Weight Tests - See Rule 7
CB - FAQ Standard to be sent to GAFTA
Where the analysis for warranties and guarantees is to be determined by GAFTA, or their appointed analysts,
or other accepted authority/analysts agreed by both parties, this set of samples and analysis instructions shall be
sent to them within 14 consecutive days of sealing.
5:1:2 For Malting Barley at Loading sold on FOB Contracts or at Discharge sold on CIF, CIFFO, C&F
Terms
Two sets of samples are required, to be marked "Set 1" and "Set 2" respectively, and each set consists of the
following: -
CB - arbitration
CB - germination/admixture
MPC - moisture/protein/calibration or screening
CB - varietal purity
CB - FAQ standard, to the sent to GAFTA
Where the analysis for warranties and guarantees is to be determined by GAFTA or their appointed Analysts or
other accepted authority/analysts, both sets of samples and analysis instructions shall be sent to them by the last
buyers within 21 consecutive days of sealing
For the second test, either party shall have the right, within 7 consecutive days from receipt of the first
certificate to claim a second analysis in respect of the warranties or guarantees. Notification of such claim shall
be given to GAFTA, or other accepted authority/analysts, as well as to the other party.
5:1:3 For Fertiliser at Loading sold on FOB Terms or at Discharge sold on CIF, CIFFO, C& F Terms
One set of samples consists of the following: -
MPC - analysis
MPC - analysis
MPC - arbitration/analysis
Notwithstanding anything contrary in these Rules for parcels smaller than 1500 tonnes, samples shall be sealed
per 250 tonnes. Buyers to arrange for analysis with an independent laboratory of their choice within 14
consecutive days after completion of discharge, and where no allowance is payable the costs will be for the
account of Buyers. Sellers may accept the results of this test, or ask for a second test within 14 consecutive
days after receipt of the certificate of analysis of the first test. In which case any allowances will be based on
the results of the second test, but where no allowance is payable the costs of this test will be for the account of
Sellers.
5:1:4 For Molasses sold on FOB Terms or at Discharge sold on CIF, CIFFO, C&F Terms
Every hour throughout loading/discharge half-litre samples shall be drawn from the sample points in all the
loading/discharge pipelines. A composite sample of these half-litre samples shall be thoroughly mixed into
6 samples of approximately 1 litre each, jointly sealed and numbered;
Nos. 1 and 2 to be held by Buyers
Nos. 3 and 4 to be held by Sellers
Nos. 5 and 6 to be held by Buyers for future reference.
Jointly sealed samples may also be taken from the tanks of Buyers' vessel for verification purposes. Buyers
and Sellers shall each send one sample to an independent laboratory of their choice within 14 consecutive days
of sealing.
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5:1:5 For Feedingstuffs Sold on CIF, CIFFO, C&F Contract Terms at Discharge
One set of samples consists of the following: -
MPC - analysis and where moisture is guaranteed
* CB - analysis
CB - analysis
CB - arbitration purposes
For marine and animal products all above samples shall be contained in MPC's.
* In the event the Standing-in-Clause applies, the 2nd analysis sample shall be in a MPC.
(For castor seed and/or castor seed husk and sand and/or silica analyses samples - see Rule 5:1:10)
a) First Analysis Test
If required by Buyers, the sealed samples in a MPC and analysis instructions shall, within 14 consecutive
days of sealing be dispatched to one of the following analysts for analysis as required by the terms of the
contract. In the event that this option is not decided at the time of the contract, the choice of analyst shall
be that of the instructing party.
AGER,
or to Arbitrage-en Verzoeningskamer voor Granen en Zaden van Antwerpen,
or to Institut Europeen de L'Environnement de Bordeaux,
or to LabCo,
or to Salamon & Seaber,
or to Jordi Vidal,
Within 14 consecutive days of receipt of the certificate of analysis of this sample Buyers shall send a true
copy thereof to Sellers stating whether they accept this analysis or whether they require a second analysis.
Whereupon Sellers shall despatch the samples and the instructions in accordance with par.b).
b) Second Analysis Test
Sellers have the right within 14 consecutive days of receipt by them of the true copy of the certificate of
analysis to give notice to Buyers that they require a second analysis, and to dispatch another of the sealed
samples and analysis instructions, without delay, to Eurofins for analysis. The mean of the two analyses
shall be accepted as final if the variation does not exceed 0.50%. Should either party require further
analysis but fail to make application therefor and to send samples within the time limit, then the mean of
the two analyses then existing shall be deemed to be final.
c) Third Analysis Test
If the variation stated in Rule (b) above does exceed 0.50% then at the request of either party, made
within 14 consecutive days of receipt (by them) of the true copy of the certificate of the second analysis,
and on notice being given to the other party a third sealed sample shall be dispatched without delay to
Eclipse for analysis, and the mean of the two analyses of all three tests nearest to each other shall be
accepted as final and binding on both parties.
5:1:6 For Marine and Animal Products Sold on Contracts No.9 at Discharge and No.113 and for
Feedingstuffs on Contract No.119 at Loading
One set of samples is required consisting of the following:-
MPC- analysis
MPC - arbitration
Buyers may accept Sellers' analysis but if required by Buyers, any one of the sealed samples together with
instructions shall, within 14 consecutive days of sealing, be dispatched to Salamon & Seaber. In the event that
this option is not decided at the time of arrival, the choice of analyst shall be that of the instructing party. This
analysis shall be final and any claim arising from it shall be made within 14 consecutive days of the date
thereof, accompanied by the certificate of analysis or a true copy.
5:1:7 For Ex-store Contracts Nos: 109 and 110
One set of samples in CB, is required for the purposes of the contractual warranties for analysis by Salamon &
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Seaber. The party landing the goods shall appoint and instruct an independent GAFTA approved
superintendent to draw and seal fully representative samples. Such samples will be drawn during the discharge
of the importing vessel at the port in the country of the delivery place named in the contract. Notwithstanding
the provisions of Rule 1:4, every sample shall be sealed and shall bear the name of the ship, quantity
represented by the sample, together with the total quantity of which each sample forms part, the date the
sample was sealed, a statement that the samples were sealed and taken in accordance with these Rules for
analysis pursuant to Contracts Nos. 109 or No. 110 and any other pertinent information which may be
required, in accordance with Rule 1:5. The laboratory shall record this information on the analysis certificate.
5:1:8 For Feedingstuffs and Fishmeal Sold on Contracts Nos. 10, 104, 112 and 118
The provisions of Rule No. 5:1:5 (a), (b), (c) and 5:1:11, apply, except that the first analysis test shall be
carried out by Salamon & Seaber, the second analysis test by Eurofins and the third analysis test by Eclipse.
(For fishmeal, samples shall be contained in MPC's). In addition, with regard to Contract No.112, Buyers
have the option of requiring all analysis tests, for all or any of the contractual warranties, at the same time. In
which case they shall be responsible for forwarding samples and giving the instructions to the analysts within
14 consecutive days of the sealing of samples. In that event the costs including analyses costs shall be for the
account of the Buyers. Buyers shall send a notice to Sellers, at the same time as sending instructions to the
analysts, that they have called on the analysts for all three tests at the outset.
5:1:9 For Goods Damaged and/or Out of Condition - "tale quale" and "rye terms"
For contracts on "tale quale" terms or terms other than "rye terms", without prejudice to Sellers’ rights and
responsibilities under the contract, Sellers' superintendents at Buyers request shall jointly seal samples of
goods arriving damaged or out of condition in accordance with the provisions of this Rule.
For "rye terms" contracts samples shall in any event be drawn by the superintendents in accordance with the
provisions of these Rules.
a) Goods arriving damaged and/or out of condition, including "rye terms", shall be sampled on board the
vessel at time of discharge, but in cases where both parties agree that it is not practicable for the
classification and sampling to be carried out on board, then goods damaged and/or out of condition shall
be landed on the quay or discharged to lighter for the purpose of such classification.
Sampling and sealing of classified sets of samples shall take place within the port area as soon as possible
after the damaged goods are landed or discharged into lighter, always provided that all the damaged
and/or out of condition and sound goods are classified. In the event of agreement not being reached,
without prejudice to the parties rights and responsibilities under the contract, either party or both parties
shall, after giving notice to the other party, apply to a competent independent organisation for the
appointment of an independent superintendent to act on behalf of the other party and samples shall be
drawn jointly under all reserves.
b) The sets of sealed samples in classified lots shall be a fair and true indication of the degree of damage
and/or out of condition goods, and the sample labels shall show the proportion of the tonnage so affected.
Lumpy goods, if in bags, shall be sampled by cutting from top to bottom and withdrawing samples by
hand if necessary.
The sample labels shall show the gross discharged weight of each classification it represents inclusive of
any extraneous substance.
Sets of samples drawn and sealed pursuant to Rule 2:3 or 2:4 and 5 shall be taken for each classification
as
follows: -
CB - lumpy/damaged/out of condition - For Buyers
CB - lumpy/damaged/out of condition - For Sellers
MPC - water, or oil, or liquid and/or chemical damaged goods - For Buyers
MPC - water, or oil, or liquid and/or chemical damaged goods - For Sellers
CB - sound goods for comparison purposes of 1 kilo irrespective of tonnage - For Buyers
CB - sound goods for comparison purposes of 1 kilo irrespective of tonnage - For Sellers
c) The "rye terms" samples (held by the Sellers and held by the Buyers) shall be forwarded to GAFTA
within 7 consecutive days of discharge from the vessel or on completion of classification and sealing,
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whichever happens later. The expenses incurred in sealing and forwarding of samples shall be paid half by
Buyers and half by Sellers.
In the event of it being proved to the satisfaction of the arbitrators that one set of sealed samples, in part
or whole, has been lost, damaged or destroyed prior to the expiration of the period for forwarding
permitted under this clause, or that the said set having been forwarded in accordance with this clause has
been lost, damaged or destroyed during transit, then either party shall be entitled to proceed to arbitration
on the other complete set of sealed samples.
5:1:10 For Castor Seed and/or Castor Seed Husk, and/or for Sand and/or Silica Analyses
One set of samples consists of the following: -
MPC - 1st analysis for castor seed and/or castor seed husk, and/or sand and/or silica analysis
CB or MPC - 2nd analysis for castor seed and/or castor seed husk, and/or sand and/or silica analysis
CB or MPC - 3rd analysis for sand and/or silica
a) First Analysis (For the ports of Belgium, Denmark, France, Italy, Netherlands, Norway, Spain, and
Sweden)
For goods discharged at the above ports the first analysis for castor seed and/or castor seed husk and/or
sand and/or silica shall be made by the following: -
at Belgian Ports - Arbitrage-en Verzoeningskamer voor Granen en Zaden van Antwerpen,
at Dutch Ports - LabCo,
at French Ports - IEEB,
at Italian Ports - AGER,
at Norwegian, Swedish or Danish Ports - Steins Laboratorium As,
at Spanish Ports - Jordi Vidal,
Within 14 consecutive days of sealing, the sealed samples in MPC's shall be dispatched to the appropriate
analyst. If a second analysis for castor seed and/or castor seed husk and/or sand and/or silica is required
such analysis shall be made by Salamon & Seaber on the sample already in their possession for a test of
oil and protein or starch, as per Rule 5:1:5, but if a sample is not in their possession, on a sample sent to
them without delay after receipt of the analysis certificate in respect of the first analysis for castor seed
and/or castor seed husk, or sand and/or silica.
b) First Analysis (other ports)
For goods discharged at other ports the first analysis for castor seed and/or castor seed husk and/or sand
and/or silica shall be made by Salamon & Seaber on one of the samples as per Rule 5:1:5 which shall,
within 14 consecutive days of sealing, be dispatched to the analyst and which may also be used for other
analyses if required.
c) Second Analysis (other ports)
If a second analysis for castor seed and/or castor seed husk and/or sand and/or silica is required, such
analysis shall be made by Eurofins. If a sealed sample is not in the possession of Eurofins' laboratory
when a second analysis is required as per Rule 5:1:5, another sealed sample, which shall also be used for
other analyses if required, shall be sent to Eurofins' laboratory within 3 business days, after receipt of the
analysis certificate in respect of the first analysis for castor seed and/or castor seed husk, or sand and/or
silica as the case may be.
d) Third Analysis for Sand and/or Silica (all ports)
If a third analysis for sand and/or silica is required by either party such analysis shall be made by Eclipse.
If a sealed sample is not in the possession of Eclipse's laboratory when a third analysis is required as per
Rule 5:1:5, then another sealed sample, which shall also be used for other analyses if required, shall be
sent to Eclipse within 3 business days, after receipt of the analysis certificate in respect of the second
analysis for sand and/or silica.
5:1:11 Arbitration Sample
Any one of the sealed samples shall be retained for arbitration purposes, if required.
5:1:12 Moisture Guarantee
Where moisture is guaranteed, one set of samples in MPC's shall be drawn and the result of the first analysis
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test shall be final.
5:1:13 For Bags and Sacks
If Buyers so request, Sellers' superintendent shall seal sample(s) of bags/sacks considered by Buyers'
superintendent to be unsuitable and/or torn, but without prejudice to Sellers' rights and responsibilities under
the contract. Samples of empty bags/sacks shall be sealed in four categories: - sound, lightly damaged, medium
damaged, and heavily damaged. One bag to be selected to represent each category and the percentage of each
category to be agreed by the superintendents and stated on the label(s).
5:2 Standing-in Provisions for Sampling Feedingstuffs
The provisions of Rule 5:1:5, 5:1:9 and Rule 5:1:11 apply except where they are modified by or inconsistent
with the following Rules: -
5:2:1 For All Ports, excluding French Ports and excluding Dutch Ports for Goods of North and South
American Origin
a) If the goods concerned in the contract are sold under a standing-in clause and form part of a larger
quantity in a hold, Buyers are deemed to have agreed, for their proportion, to abide by the samples drawn
and sealed from that hold, for the purposes of analysis and/or arbitration. Goods from each hold shall be
sampled and samples analysed separately in accordance with these Rules. If the goods are discharged
simultaneously from more than one hold, but not more than two holds, through one discharging unit only,
the standing-in quantity shall be the total tonnage of those holds for any receiver taking delivery from
them.
b) The CIF receiver(s) or their agents shall be responsible for forwarding samples and analytical instructions
to both Salamon & Seaber and LabCo for all ports, (excluding Belgian and French ports), and for Belgian
ports to both Salamon & Seaber and Arbitrage- en Verzoeningskamer voor Granen en Zaden van
Antwerpen, and obtaining from the two analysts a certificate of analysis. When sending instructions to the
analysts the instructing party shall advise the analysts of the following: - the hold number, the bill of
lading number, the delivery order number, the name of the vessel and the date of sealing, as well as the
names of all receivers who have agreed to stand-in, together with their individual tonnages.
c) Samples shall be drawn and sealed conjointly by the first CIF seller(s) and the CIF receiver(s) or their
respective agents.
d) Copies of the certificates of analysis showing the relevant details of his proportion shall be sent to any CIF
receiver who has contractually requested an analysis. The mean of the two tests shall apply for the
purpose of allowances or arbitration and shall be accepted as final if the variation does not exceed 0.50%.
Copies of the certificate of analyses shall be sent no later than 14 consecutive days from receipt of the last
certificate by the Buyers to the Sellers.
e) If the variation stated exceeds 0.50% then, at the request of either party under advice to their contractual
party within 14 consecutive days of receipt by them of the last certificate of analysis, the third test shall be
carried out by Eurofins and the mean of the two analysis tests nearest to each other shall be accepted as
final and binding of the parties.
f) The average of the first and second moisture test results shall be used as the calculating factor for the third
test.
5:2:2 For French Ports
a) If the goods concerned in this contract are sold under a standing-in clause, and form part of a larger
parcel, Buyers are deemed to have agreed to abide by the samples drawn and sealed from the whole
original parcel covered by the same bill of lading for the purposes of analysis and/or arbitration.
b) The last CIF receiver(s) or their agents shall be responsible for forwarding samples and analytical
instructions to both Salamon & Seaber and I.E.E.B, and obtaining from each of these analysts a
certificate of analysis. When sending instructions to the analysts the instructing party shall advise the
analysts of the following: - the bill of lading number, the delivery order number, the name of the
vessel and the date of sealing, as well as the names of all receivers who have agreed to stand-in,
together with their individual tonnages.
c) Samples shall be drawn and sealed conjointly by the first CIF seller(s) and the CIF receiver(s) or their
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respective agents.
d) Copies of the certificates of analysis showing the relevant details of his proportion shall be sent to any
CIF receiver who has contractually requested an analysis. The mean of the two tests shall apply for the
purpose of allowances or arbitration and shall be accepted as final if the variation does not exceed
0.50%. Copies of the certificate of analyses shall be sent no later than 14 consecutive days from receipt
of the last certificate by the Buyers to the Sellers.
e) If the variation stated exceeds 0.50% then, at the request of either party under advice to their contractual
party within 14 consecutive days of receipt by them of the last certificate of analysis, the third test shall
be carried out by Eurofins and the mean of the two analysis tests nearest to each other shall be accepted
as final and binding of the parties.
f) The average of the first and second moisture test results shall be used as the calculating factor for the
third test.
5:2:3 For Dutch Ports for Goods of North and South American Origin
a) If the goods concerned in the contract are sold under a standing-in clause and form part of a larger
quantity in a hold, Buyers are deemed to have agreed, for their proportion, to abide by the samples
drawn and sealed from that hold, for the purposes of analysis and/or arbitration. Goods from each hold
shall be sampled and samples analysed separately in accordance with theses Rules. If the goods are
discharged simultaneously from more than one hold, but not more than two holds, through one
discharging unit only, the standing-in quantity shall be the total tonnage of those two holds for any
receiver taking delivery from them.
b) The first CIF seller or their agents shall be responsible for forwarding samples and analytical
instructions within 14 consecutive days from sealing to both Salamon & Seaber and LabCo, and
obtaining from the two analysts a certificate of analysis. When sending instructions to the analysts the
instructing party shall send copies to the respective CIF receivers or the agents and shall advise the
analysts of the following; the hold number, the bill of lading number, the delivery order number, the
name of the vessel and the date of sealing, as well as the names of all receivers who have agreed to
stand-in, together with their individual tonnages.
c) The first CIF seller(s) or their agents shall send photocopies of the analysis certificates to all CIF
receivers or their agents who have agreed to stand-in as shown on the labels of the sample, within 14
consecutive days from receipt of the last certificate by the first CIF seller. In case the first CIF seller(s)
or their agents should fail to do so within 14 consecutive days of sealing, then the CIF receiver(s) or
their agents may forward samples and analytical instructions within 28 consecutive days of sealing.
Copies of the analysis certificates shall be sent no later than 14 consecutive days from receipt of the last
certificate by the CIF receiver or his agent to the first CIF seller or his agent as shown on the label and
to all CIF receivers or their agents as shown on the label, who have agreed to stand-in.
d) The mean of the two tests shall apply for the purposes of allowances or arbitration and shall be accepted
as final if the variation does not exceed 0.50%. If the variation exceeds 0.50%, the first CIF seller has
the option to ask for a third test. This test shall be carried out by Eurofins. The first CIF seller shall
advise the CIF receivers no later than 14 consecutive days from receipt of the last certificate of analysis,
whether or not they require a third test. In case the first CIF sellers does not use this option, the CIF
receiver(s) have the option to ask for a third test by Eurofins. CIF receiver(s) in that case shall advise
the first CIF sellers whether or not a third test will be requested within 7 consecutive days of receipt of
the notice from the first CIF sellers that the first CIF sellers does not require a third test will thereupon
give instructions for the third test to be carried out. Certificates of analysis of the third test shall be sent
by the first CIF sellers to the CIF receiver(s) within 7 consecutive days after receipt of the certificate
from the analyst. In case a third test has been carried out, the mean of the two analysis tests nearest to
each other shall be accepted as final.
e) The average of the first and second moisture test results shall be used as the calculating factor for the
third test.
6. DISPATCH OF SAMPLES, ANALYSIS INSTRUCTIONS AND CERTIFICATES
6:1 The party requiring any of the respective analyses pursuant to these Rules shall be responsible for the dispatch of
the relative sample(s) and shall give directly, or through an agent or representative acting on their behalf, to the
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analyst concerned, or to GAFTA when required by these Rules, instructions specifying what analyses are to be
carried out, both to be done within the time limit stated in the foregoing Rules, and unless otherwise stated in
these Rules, they shall send to the other party a copy of the relative certificate of analysis within 14 consecutive
days of receiving it from the analyst.
Should the Buyers or any representatives acting on their behalf fail to both dispatch samples and to instruct the
analyst, or GAFTA when required by these Rules, or fail to forward the certificate within the time limits within
these Rules, then any claim for rejection or for an allowance in respect of any matters dealt with under the
contract shall be deemed to be waived and absolutely barred, unless the arbitrators or board of appeal as the case
may be, shall in their absolute discretion determine otherwise.
6:2 Feedingstuffs and Cereal By-Products in Bulk Discharged at Rotterdam and Amsterdam
For analysis of feedingstuffs and cereal by-products in bulk, discharged at Rotterdam and Amsterdam,
contractual samples for standing-in purposes shall be forwarded to LabCo, to be divided and reduced.
Contractual samples for other purposes may also be submitted to LabCo to be divided and reduced. The
resulting sample(s) will be forwarded to the analyst in accordance with the provisions in these Rules.
7. NATURAL WEIGHT
7:1. Rules for Determining Natural Weight
7:7:1 When a natural weight is guaranteed at time of shipment or at discharge, samples of the sound portion of
the cargo or parcel shall be taken in accordance with these Rules and forwarded as soon as possible GAFTA, or
other agreed authority/analysts.
7:7:2 Upon receipt of the said samples GAFTA shall forthwith measure and weigh the same not less than five
times on the Gravitron 3000 Counter-Machine and shall issue a certificate of the mean natural weight, which
shall be final and binding on the parties. The whole of the samples to be weighed.
7:7:3 Any allowance due for deficiency in the guaranteed natural weight shall be paid only in respect to the
sound portion of the cargo or parcel, but if the ascertained natural weight allowance is greater than the
allowance given for "Rye Terms" on any portion, the difference shall be allowed to Buyers.
7:7:4 In every case in which an allowance for inferiority in quality is claimed, the Arbitrators shall, in
determining the same, take into consideration the allowance (if any) already made for deficiency in guaranteed
natural weight, according to the rule endorsed on the contract.
7:7:5 The cost of said certificates to be paid half by Buyer and half by Seller.
7:7:6 Where the natural weight is guaranteed at time of shipment or at discharge within a margin (as for
example 66 kilograms - 67 kilograms) no allowance shall be made if the weight ascertained as herein provided
be within the margin; but if the weight be below the minimum guaranteed, the allowance for deficiency shall be
computed from the mean weight of the margin.
7:2. Allowances.
Any deficiency in the guaranteed natural weight shall be allowed for at 1% off the contract price per kilogram per
hectolitre. Fractions of one kilogram, in proportion. If the deficiency exceeds 2.5 kilograms per hectolitre the
allowance to be mutually agreed or settled by arbitration.
8. ANALYSIS REQUIREMENTS
8:1 Methods of Analysis; to be prescribed by GAFTA, being the GAFTA Rules No.130, for the time being in force.
Where GAFTA does not prescribe a method, this has to be agreed by the parties who shall undertake to instruct
the Analysts. Otherwise the test method to be decided by the Analyst. Analysts shall state on the certificate of
analysis what methods they have used.
8:2 Calculating Factor - Moisture; Where a moisture test is part of the test method required to establish the analysis
result, that moisture test result shall be recorded on the analysts certificate and shall apply as a calculating factor
to any subsequent second or third test.
Formulae: Result calculated to the 1st Moisture is
given by: A x 100 - Y
E.g.: Protein Result = A% - --------------
1st Moisture = Y% 100 - X
2nd Moisture = X%
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8:3 Mixing; when the contractual quantity is represented by more than one sample, the analyst shall mix the samples
together in proportion to the weight represented by each sample. When arbitration samples are sent to
GAFTA, the arbitrator(s) will be entitled to mix the samples together.
8:4 Where the difference between 3 analysis tests is the same, the average of the three results shall apply for the
purposes of allowances.
8:5 Certificates; irrespective of which party to the contract submits samples and gives instructions to the analysts,
the analysts are entitled to supply to the other party a copy of the certificate upon application. Each analysis
certificate shall state on it the relevant information from the sample label.
8:6 Costs; the cost(s) of the analysis (es) for each separate warranty shall be borne by Buyers in cases where no
allowance is payable, but by Sellers if Buyers are entitled to an allowance, in which case the analysts'
administration and bulking costs shall also be for the account of Sellers.
9. NOTICES
In case of resales the notices clause in the contract shall apply, except that the certificates of analysis shall be
passed by mail by the next business day following receipt.
10. NON-COMPLIANCE WITH THE RULES
In the event of non-compliance with the preceding provisions of these Rules being raised at arbitration as a
defence, any quality and/or condition and/or rye terms arbitration claim shall be deemed to be waived and
barred, unless the arbitrators or board of appeal as the case may be, shall in their absolute discretion determine
otherwise.
11. RETENTION OF SAMPLES
11:1 The parties' superintendents shall dispose of samples drawn by them at the expiry of 3 months from the date of
sealing. They may however retain samples for a longer period upon written request by either party to the
contract.
11:2 Whilst GAFTA will make every effort to protect all samples entrusted to its care, neither the Association nor
any of its servants or agents shall be under any liability whatsoever to any party having any interest in any
samples received by it in pursuance of these Rules for any loss or damage to any such sample. The samples
when delivered to GAFTA shall become its absolute property, and the Association shall not be responsible for
the safe custody of any samples lodged. GAFTA shall be at liberty to dispose of samples at the expiry of 6
months from the date of receipt. GAFTA, however, may retain samples for a longer period upon written
request.
11:3 All standard samples made up by and in the possession of GAFTA shall be the property of the Association, and
may from time to time be inspected by Members at the premises of GAFTA on payment of the prescribed fee.
