16th January 2017
1. Terms of Trade
1.1 These terms of trade govern a Grower’s business relationship with Lenswood Cold Stores Co-operative Society Limited (ABN 66 112 676 591) (Lenswood), NFGA Pty Ltd (ABN 25 602 319 997) (NFGA) and Red Love Apples Pty Ltd (Red Love Apples) and should be read carefully.
1.2 These terms of trade apply to all trade in Horticulture Produce between the Agent and a Grower. These terms are effective from the above date until these terms of trade are replaced by another document.
In these terms of trade:
1.3.1 Agent means such of Lenswood, NFGA or Red Love Apples (as applicable) who sell Horticulture Produce on behalf of a Grower to a person for a commission fee;
1.3.2 Bad debt means any amount owing to the Agent by a person who has purchased Horticulture Produce from the Agent;
1.3.3 Grower means a person who grows their own Horticulture Produce for sale;
1.3.4 Horticulture Produce means unprocessed fruits, vegetables (including, but not limited to, mushrooms and edible fungi), nuts, herbs and other edible plants but not nursery products;
1.3.5 Lenswood Terms and Conditions means the Lenswood Cold Stores Co-operative Society Limited’s terms and conditions available at http://lenswoodcoop.com.au/; and
1.3.6 Licensed Pack House means a pack house the subject of a packing agreement entered into with the Agent, which has agreed to pack the Horticulture Produce of the Grower.
2. Agency Relationship
2.1 The Agent is prepared to trade in Horticulture Produce as an agent in accordance with the Trade Practices (Horticulture Code of Conduct) Regulations 2006 (Cth) (as amended).
2.2 The Agent is prepared to trade in Horticulture Produce under these terms of trade.
3.1 Payment will be by electronic transfer, unless otherwise agreed in writing.
3.2 The Agent will pay to a Grower for the proceeds of a sale of a Grower’s Horticulture Produce in accordance with the Horticulture Produce Agreement.
3.3 The Horticulture Produce Agreement made with each Grower details the payment terms
4. Delivery of Produce
4.1 A Grower will bear the costs of delivery of the Horticulture Produce to the Agent and/or the Licensed Pack House, unless agreed otherwise in writing.
4.2 The Grower is bound by the delivery requirements and procedures as outlined in the Lenswood Terms and Conditions.
4.3 The Agent and/or the Licensed Pack House reserves the right to reject Horticulture Produce from a Grower where it fails to comply with the Agent’s quality assurance requirements and standards.
5. Storage of Produce
5.1 The Grower is bound by the quality and storage requirements as provided by the Agent.
6. Rejection of Produce
6.1 The Agent and Licensed Pack House may reject Horticulture Produce from a Grower if the Horticulture Produce does not meet the agreed quality requirements. The quality requirements are available at http://lenswoodcoop.com.au/.
6.2 The Agent and/or the Licensed Pack House will notify the Grower of the rejection, and the consequences of the rejection as soon as practical.
6.3 The Horticulture Produce Agreement made with each Grower details the rejection procedure process.
7.1 The Agent does not warrant that it has, nor that the Licensed Pack House has, insurance for any loss or damage caused to the Horticulture Produce while on its premises.
7.2 The Grower remains the owner of dispatched Horticulture Produce from delivery to the Agent’s and Licensed Pack House’s premises until delivered to the buyer’s premises.
7.3 Lenswood has a Marine Cargo policy with QBE which covers inland transits and exports. The limits of liability are:
7.3.1 Inland Transit for up to $100,000 on any one conveyance; and
7.3.2 Exports for up to $750,000 on any one conveyance.
8. Commission and Fees
8.1 Commissions are charged on a percentage basis and fees are charged by a set value by the Agent. The Agent will advise, in writing, to the Grower between January to May of each year the commission percentage and fee charges for the 12 month period commencing on 1 January and ending on 31 December.
8.2 The Agent may charge the Grower commissions and fees if any one or more of the following occur:
8.2.1 the Agent receives and stores the Grower’s Horticulture Produce;
8.2.2 the Agent grades and packs the Grower’s Horticulture Produce; and
8.2.3 the Agent sells the Grower’s Horticulture Produce.
8.3 The commission and fees set by the Agent shall be determined in accordance with the Horticulture Produce Agreement.
9. Bad Debts
9.1 The Agent is responsible for the pursuance and collection of bad debts.
9.2 The Grower agrees to provide all reasonable assistance as requested by the Agent for this purpose.