EXTENT OF GUARANTEE. Clause 2 of this Appendix applies and the obligations of the Guarantor under clause 2 of this Appendix remain unaffected despite: (a) an amendment of this agreement or any other Transaction Agreement, as applicable, whether with or without Brownes knowledge or consent; (b) a rule of law or equity to the contrary; (c) any Insolvency event affecting a person or the death of a person; (d) a change in the constitution, membership, or partnership of a person; or (e) the partial performance of the Guaranteed Obligations. 1. Introduction Brownes Food Operations Pty Ltd (Brownes) is committed to maintaining its position as the pre‐eminent dairy business in Western Australia. Our business is based on sourcing high quality milk from local Brownes farmers. We recognize the key contribution of our Suppliers in developing a successful fresh dairy business, and the need to work closely together to ensure long term success. This document outlines several key areas through which we operate, and provides working guidelines. We will update this document from time to time as we work together to implement positive changes to our business. 2. Milk and Payment Brownes will pay Suppliers electronically for the previous month’s supply, into nominated bank accounts on the last working day prior to the 15th of the month. A record of the milk payment in the form of a monthly statement will be posted or emailed to the supplier’s nominated address on or after that date. To assist with cash flow, Brownes can, if requested by the Supplier, make a payment to the Suppliers of approximately 30% of the Supplier’s monthly estimated milk payment on the 1st working day after the 1st of the month. This payment is calculated by reference to the first 10 days’ supply of the previous month. Milk Income Estimates (as described below) for the season can also be provided to Suppliers if requested. Any changes to banking details and other Supplier information must be notified in writing. Note: Changes to bank account details must be accompanied by a copy of a bank statement or deposit slip or other document that proves the ownership of the account. For changes to bank accounts or farm ownership, Brownes will require: • If the farm is in joint ownership, all joint owners to sign; • If the farm is owned by a partnership, all partners to sign; • If the farm is owned by a trust, all trustees to sign; • If the farm is owned by a company, a director or a duly authorized signatory on behalf of the company to sign; and • If there is a share farming arrangement in place on the farm, all parties to sign. If an attorney is to sign an instruction or notice they must provide to Brownes the power of attorney under which they have been provided authority to sign. They will also be required to confirm to Brownes’ satisfaction that the power has not been revoked. The Supplier must provide to Brownes any instructions to change its personal information (including bank accounts) in writing before the end of the month to which the payment relates. A monthly statement will be provided at the beginning of the month detailing payment for the previous months Milk in the form of a Recipient Created Tax Invoice and Recipient Created Adjustment Note, this statement will include: Base price and Litres supplied Quality and Component Adjustments, Charges and Other Adjustments and Loans and Advances along with daily collection records in volume, components and quality measures and Industry Levies.
Appears in 2 contracts
Samples: Exclusive Milk Supply Agreement, Exclusive Milk Supply Agreement
EXTENT OF GUARANTEE. Clause 2 of this Appendix applies and the obligations of the Guarantor under clause 2 of this Appendix remain unaffected despite: (a) an amendment of this agreement or any other Transaction Agreement, as applicable, whether with or without Brownes knowledge or consent; (b) a rule of law or equity to the contrary; (c) any Insolvency event affecting a person or the death of a person; (d) a change in the constitution, membership, or partnership of a person; or (e) the partial performance of the Guaranteed Obligations.
1. Introduction Brownes Food Operations Pty Ltd (Brownes) is committed to maintaining its position as the pre‐eminent dairy business in Western Australia. Our business is based on sourcing high quality milk from local Brownes farmers. We recognize recognise the key contribution of our Suppliers in developing a successful fresh dairy business, and the need to work closely together to ensure long term success. This document outlines several key areas through which we operate, and provides working guidelines. We will update this document from time to time as we work together to implement positive changes to our business.
2. Milk and Payment Brownes Xxxxxxx will pay Suppliers electronically for the previous month’s supply, into nominated bank accounts on the last working day prior to the 15th of the month. A record of the milk payment in the form of a monthly statement will be posted or emailed to the supplier’s nominated address on or after that date. To assist with cash flow, Brownes Xxxxxxx can, if requested by the Supplier, make a payment to the Suppliers of approximately 30% of the Supplier’s monthly estimated milk payment on the 1st working day after the 1st of the month. This payment is calculated by reference to the first 10 days’ supply of the previous month. Milk Income Estimates (as described below) for the season can also be provided to Suppliers if requested. Any changes to banking details and other Supplier information must be notified in writing. Note: Changes to bank account details must be accompanied by a copy of a bank statement or deposit slip or other document that proves the ownership of the account. For changes to bank accounts or farm ownership, Brownes will require: • If the farm is in joint ownership, all joint owners to sign; • If the farm is owned by a partnership, all partners to sign; • If the farm is owned by a trust, all trustees to sign; • If the farm is owned by a company, a director or a duly authorized signatory on behalf of the company to sign; and • If there is a share farming arrangement in place on the farm, all parties to sign. If an attorney is to sign an instruction or notice they must provide to Brownes Xxxxxxx the power of attorney under which they have been provided authority to sign. They will also be required to confirm to BrownesXxxxxxx’ satisfaction that the power has not been revoked. The Supplier must provide to Brownes Xxxxxxx any instructions to change its personal information (including bank accounts) in writing before the end of the month to which the payment relates. A monthly statement will be provided at the beginning of the month detailing payment for the previous months Milk in the form of a Recipient Created Tax Invoice and Recipient Created Adjustment Note, this statement will include: Base price and Litres supplied Quality and Component Adjustments, Charges and Other Adjustments and Loans and Advances along with daily collection records in volume, components and quality measures and Industry Levies.
Appears in 2 contracts
Samples: Exclusive Milk Supply Agreement, Exclusive Milk Supply Agreement
EXTENT OF GUARANTEE. Clause 2 of this Appendix applies and the obligations of the Guarantor under clause 2 of this Appendix remain unaffected despite: (a) an amendment of this agreement or any other Transaction Agreement, as applicable, whether with or without Brownes knowledge or consent; (b) a rule of law or equity to the contrary; (c) any Insolvency event affecting a person or the death of a person; (d) a change in the constitution, membership, or partnership of a person; or (e) the partial performance of the Guaranteed Obligations.
1. Introduction Brownes Food Operations Pty Ltd (Brownes) is committed to maintaining its position as the pre‐eminent dairy business in Western Australia. Our business is based on sourcing high quality milk from local Brownes farmers. We recognize the key contribution of our Suppliers in developing a successful fresh dairy business, and the need to work closely together to ensure long term success. This document outlines several key areas through which we operate, and provides working guidelines. We will update this document from time to time as we work together to implement positive changes to our business.
2. Milk and Payment Brownes will pay Suppliers electronically for the previous month’s supply, into nominated bank accounts on the last working day prior to the 15th of the month. A record of the milk payment in the form of a monthly statement will be posted or emailed to the supplier’s nominated address on or after that date. To assist with cash flow, Brownes can, if requested by the Supplier, make a payment to the Suppliers of approximately 30% of the Supplier’s monthly estimated milk payment on the 1st working day after the 1st of the month. This payment is calculated by reference to the first 10 days’ supply of the previous month. Milk Income Estimates (as described below) for the season can also be provided to Suppliers if requested. requested Any changes to banking details and other Supplier information must be notified in writing. Note: Changes to bank account details must be accompanied by a copy of a bank statement or deposit slip or other document that proves the ownership of the account. For changes to bank accounts or farm ownership, Brownes will require: • If the farm is in joint ownership, all joint owners to sign; • If the farm is owned by a partnership, all partners to sign; • If the farm is owned by a trust, all trustees to sign; • If the farm is owned by a company, a director or a duly authorized signatory on behalf of the company to sign; and • If there is a share farming arrangement in place on the farm, all parties to sign. If an attorney is to sign an instruction or notice they must provide to Brownes the power of attorney under which they have been provided authority to sign. They will also be required to confirm to Brownes’ satisfaction that the power has not been revoked. The Supplier must provide to Brownes any instructions to change its personal information (including bank accounts) in writing before the end of the month to which the payment relates. A monthly statement will be provided at the beginning of the month detailing payment for the previous months Milk in the form of a Recipient Created Tax Invoice and Recipient Created Adjustment Note, this statement will include: ; Base price and Litres supplied supplied, Quality and Component Adjustments, Charges and Other Adjustments and Loans and Advances along with daily collection records in volume, components and quality measures and Industry Levies.
Appears in 1 contract
Samples: Milk Supply Agreement
EXTENT OF GUARANTEE. Clause 2 of this Appendix applies and the obligations of the Guarantor under clause 2 of this Appendix remain unaffected despite: (a) an amendment of this agreement or any other Transaction Agreement, as applicable, whether with or without Brownes knowledge or consent; (b) a rule of law or equity to the contrary; (c) any Insolvency event affecting a person or the death of a person; (d) a change in the constitution, membership, or partnership of a person; or (e) the partial performance of the Guaranteed Obligations.
1. Introduction Brownes Food Operations Pty Ltd (Brownes) is committed to maintaining its position as the pre‐eminent dairy business in Western Australia. Our business is based on sourcing high quality milk from local Brownes farmers. We recognize recognise the key contribution of our Suppliers in developing a successful fresh dairy business, and the need to work closely together to ensure long term success. This document outlines several key areas through which we operate, and provides working guidelines. We will update this document from time to time as we work together to implement positive changes to our business.
2. Milk and Payment Brownes will pay Suppliers electronically for the previous month’s supply, into nominated bank accounts on the last working day prior to the 15th of the month. A record of the milk payment in the form of a monthly statement will be posted or emailed to the supplier’s nominated address on or after that date. To assist with cash flow, Brownes can, if requested by the Supplier, make a payment to the Suppliers of approximately 30% of the Supplier’s monthly estimated milk payment on the 1st working day after the 1st of the month. This payment is calculated by reference to the first 10 days’ supply of the previous month. Milk Income Estimates (as described below) for the season can also be provided to Suppliers if requested. requested Any changes to banking details and other Supplier information must be notified in writing. Note: Changes to bank account details must be accompanied by a copy of a bank statement or deposit slip or other document that proves the ownership of the account. For changes to bank accounts or farm ownership, Brownes will require: • If the farm is in joint ownership, all joint owners to sign; • If the farm is owned by a partnership, all partners to sign; • If the farm is owned by a trust, all trustees to sign; • If the farm is owned by a company, a director or a duly authorized signatory on behalf of the company to sign; and • If there is a share farming arrangement in place on the farm, all parties to sign. If an attorney is to sign an instruction or notice they must provide to Brownes the power of attorney under which they have been provided authority to sign. They will also be required to confirm to Brownes’ satisfaction that the power has not been revoked. The Supplier must provide to Brownes any instructions to change its personal information (including bank accounts) in writing before the end of the month to which the payment relates. A monthly statement will be provided at the beginning of the month detailing payment for the previous months Milk in the form of a Recipient Created Tax Invoice and Recipient Created Adjustment Note, this statement will include: ; Base price and Litres supplied supplied, Quality and Component Adjustments, Charges and Other Adjustments and Loans and Advances along with daily collection records in volume, components and quality measures and Industry Levies.
Appears in 1 contract
Samples: Milk Supply Agreement