DETAILS FOR HORTICULTURE PRODUCE AGREEMENT

 

1.     PRICE

 

☐     The amount agreed by the Merchant and Grower in writing being $______________.

 

☐     An amount to be agreed between the Merchant and Grower in writing either before, or immediately upon Delivery of the Produce to the Merchant in accordance with clause 3.1(a) of the HPA; or

 

☐     The amount to be determined using the formula [Sales Price less a Margin], where

 

Sales Price means the price at which the Merchant sells the Produce to a third party; and

Margin means an amount expressed as a percentage which the Merchant will deduct from the Sale Price when calculated as a gross return to the Grower being no more than 20%.

 

IMPORTANT NOTE: If no price is agreed before or immediately upon Delivery of the Produce to the Merchant (as outlined above) the Merchant will apply the formula of Sales Price less a Margin to the Produce with no further notification required to be made to the Grower. By accepting the terms set out in the Schedule, the Grower is agreeing to the pricing method referred to above.

 

 

1.     PAYMENTS (Clause 4.1(a))

 

Payment will be made no later than 30 Business Days from the end of the Week during which the relevant Produce is Delivered to the Merchant.

 

2.     SPECIFICATIONS (Clause 5)

 

As at the date of this Schedule being provided to the Grower, the Produce must comply in all respects with:

 

☐   The Produce Specification Requirements (compiled by the Merchant and provided to the Grower); or

☐   FreshSpecs Produce Specifications.

Or such other specifications notified by the Merchant to the Grower during the term of the HPA.

3.     REPORTING PERIOD (Clause 4.4)

 

Reporting Period:	Within 30 Business Days of Produce Receipt
Statement Period:	No more then 14 days after the Quarterly period

 

4.     SERVICES (Clause 4)

 

Type of Service (if required)	Price (Inclusive of GST)*
☐       Warehousing	$ 11.00                                  (per pallet/per day)
☐       Repacking	$ 5                                                (per package)
☐       Delivery	$ As per Freight Charges
☐       Treatment	$ As per Treatment Charges
☐       Conditioning/ripening	$ 110.00                                            (per pallet)
☐       Sorting/Grading/Restacking	$ 1                                                (per package)
☐       Freshtest Tests – Microbiological & Chemical Testing	$ As per Fresh Test charges

 

*GST is payable by the Merchant as applicable.

 

Should the Produce supplied under these Terms be subsequently Delivered and sold to the Merchant, the Merchant reserves the right to waive all or part of the charges otherwise applying under these Terms.

 

 

 

 

5.     DISPUTE RESOLUTION (Clause 14) & NOTICE DETAILS

 

	Name	Address	Phone	Email and Fax
Merchant’s Contact:	Rohan Bicknell	E block, Brisbane Markets Rocklea, QLD, 4106	0409 907 626	Email: contact@produceart.com.au

 

6.     COOLING OFF (Clause 19)

 

Cooling off Period

Number of Days: 7 (please note that the Code requires at least 7 days cooling off to be provided)

 

7.     INSURANCE (Clause 2.3) (if applicable)

Insurer	Not Applicable
Maximum amount of insurance cover provided by the policy in respect of claims that may be made	Not Applicable
Defined events covered by insurance	Not Applicable

 

 

SECTION C – INDEPENDENT LEGAL ADVICE

 

The Merchant recommends that the Grower seeks independent legal advice in relation to the Horticulture Produce Agreement prior to it being entered into between the Merchant and Grower.