Signed by the Grower Name: Title: Signature: Signed by the Merchant Name: Title: Signature: [Clause 15 of the Code provides that this Agreement must be in writing and accepted by the parties. This Agreement may be accepted by signatures of both parties or a written notice of offer and a written notice of acceptance. Ideally, the parties should sign this Agreement. Clause 15 does however allow the parties to accept this Agreement in other written forms such as through email.] Terms and Conditions by the Merchant during the Reporting Period: Agreement the quality and quantity of the The Grower agrees to deliver, and Produce bought by the Merchant; the Merchant agrees to buy Produce of the type, Quantity, Quality and the date or dates of the purchases Specifications stated in this (by the third party) of the Produce; Agreement or as ordered by the the price paid for the Produce; Merchant and confirmed in writing by if the price for the Produce was the Grower from time to time, for the determined by a method or formula price/s stated in, or calculated in specified in the Commercial Terms accordance with this Agreement. [If Schedule: orders for Produce are made by a Merchant outside of this Agreement the gross sale price of the then the Grower should make it clear Produce to the third party; that the terms of this Agreement the details of any Produce otherwise apply to such an order.] not sold; and This Agreement will commence on the details of any Produce the Start Date and will continue for destroyed, or to be the Term and any extensions of the destroyed, and the reason Term as agreed in writing between why the Produce was, or is the parties. to be, destroyed; and the date on which the Produce was The parties agree that the Special delivered to the Merchant. Conditions form part of this Agreement. The Merchant will give the Statement referred to in clause 2.1 to the Merchant’s reporting obligations Grower within the Statement Period. For each Reporting Period, the Merchant will give the Grower a Statement for the Reporting Period, specifying for the Produce received
Signed by the Grower Name: Title: Signature: Signed by the Merchant Name: Title: Signature: [Clause 15 of the Code provides that this Agreement must be in writing and accepted by the parties. This Agreement may be accepted by signatures of both parties or a written notice of offer and a written notice of acceptance. Ideally, the parties should sign this Agreement. Clause 15 does however allow the parties to accept this Agreement in other written forms such as through email.] Terms and Conditions Agreement The Grower agrees to deliver, and the Merchant agrees to buy Produce of the type, Quantity, Quality and Specifications stated in this Agreement or as ordered by the Merchant and confirmed in writing by the Grower from time to time, for the price/s stated in, or calculated in accordance with this Agreement. [If orders for Produce are made by a Merchant outside of this Agreement then the Grower should make it clear that the terms of this Agreement otherwise apply to such an order.] This Agreement will commence on the Start Date and will continue for the Term and any extensions of the Term as agreed in writing between the parties. The parties agree that the Special Conditions form part of this Agreement. Merchant’s reporting obligations For each Reporting Period, the Merchant will give the Grower a Statement for the Reporting Period, specifying for the Produce received by the Merchant during the Reporting Period: the quality and quantity of the Produce bought by the Merchant; the date or dates of the purchases (by the third party) of the Produce; the price paid for the Produce; if the price for the Produce was determined by a method or formula specified in the Commercial Terms Schedule: the gross sale price of the Produce to the third party; the details of any Produce not sold; and the details of any Produce destroyed, or to be destroyed, and the reason why the Produce was, or is to be, destroyed; and the date on which the Produce was delivered to the Merchant. The Merchant will give the Statement referred to in clause 2.1 to the Grower within the Statement Period.
Horticulture-Produce-Agreement-%E2%80%93-Merchant-WD.docx