Common use of Grower Obligations Clause in Contracts

Grower Obligations. 5.1 The Grower agrees to provide documentation that is suitable to the Merchant that accurately describes the quantity, variety, size, class, description and characteristics of the Produce, including packaging, prior to delivery to the Merchant. 5.2 The Grower warrants that: (a) the Produce dispatched to the Merchant is fit for human consumption and complies with any statutory regulations including food safety, packaging and/or labelling; and (b) it has complied with the National Measurement Act with respect to the Produce. 5.3 The Grower warrants that the Produce dispatched to the Merchant is fit for its purpose and: (a) in every case – is packed or presented and complies with the written Produce Specification Requirements including but not limited to quality and shelf life (Delivery Requirements) provided by the Merchant to the Grower from time to time prior to the Purchase Price being calculated with respect to the Produce or as are otherwise agreed to in writing between the Merchant and the Grower (Merchant Requirements); and (b) is of the grade/class as stamped on the packaging in which the Produce is contained, (Product Specifications). 5.4 The Grower must not dispatch Produce to the Merchant that: (a) does not comply with the Product Specifications; (b) does not comply with the Produce Specification Requirements; (c) has not been solicited by the Merchant; and (d) notwithstanding subclauses 5.4(a), 5.4(b) and 5.4(c), where this Agreement has not been agreed to in writing by the Grower. 5.5 Unless otherwise agreed with the Merchant, the Grower will; (a) implement and maintain an industry recognised HACCP based food safety and quality system that is subject to annual third party audit, and (b) by 1 January 2019 be certified to: (1) Freshcare Code of Practice Food Safety and Quality; or

Appears in 6 contracts

Samples: Horticulture Produce Agreement, Horticulture Produce Agreement, Horticulture Produce Agreement

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Grower Obligations. 5.1 The Grower agrees to provide documentation that is suitable to the Merchant that accurately describes the quantity, variety, size, class, description and characteristics of the Produce, including packaging, prior to delivery to the Merchant. 5.2 The Grower warrants that: (a) the Produce dispatched to the Merchant is fit for human consumption and complies with any statutory regulations including food safety, packaging and/or labelling; and (b) it has complied with the National Measurement Act with respect to the Produce. 5.3 The Grower warrants that the Produce dispatched to the Merchant is fit for its purpose and: (a) in every case – is packed or presented and complies with the written Produce Specification Requirements including but not limited to quality and shelf life (Delivery Requirements) provided by the Merchant to the Grower from time to time prior to the Purchase Price being calculated with respect to the Produce or as are otherwise agreed to in writing between the Merchant and the Grower (Merchant Requirements); and (b) is of the grade/class as stamped on the packaging in which the Produce is contained, (Product Specifications). 5.4 The Grower must not dispatch Produce to the Merchant that: (a) does not comply with the Product Specifications; (b) does not comply with the Produce Specification Requirements; (c) has not been solicited by the Merchant; and (d) notwithstanding subclauses 5.4(a), 5.4(b5.4(c) and 5.4(c), where this Agreement has not been agreed to in writing by the Grower. 5.5 Unless otherwise agreed with the Merchant, the Grower will; (a) implement and maintain an industry recognised HACCP based food safety and quality system that is subject to annual third party audit, and (b) by 1 January 2019 be certified to: (1) Freshcare Code of Practice Food Safety and Quality; or

Appears in 4 contracts

Samples: Horticulture Produce Agreement, Horticulture Produce Agreement, Produce Purchase Agreement

Grower Obligations. 5.1 The Grower must deliver the Produce at the time and location specified by the Merchant from time to time. 5.2 Prior to Delivery, the Grower agrees to provide documentation that is suitable to the Merchant that accurately describes the quantity, variety, size, class, description and characteristics of the Produce, including packaging, prior to delivery to the Merchant. 5.2 5.3 The Grower warrants that: (a) the Produce dispatched to the Merchant is fit for human consumption and complies with any statutory regulations including food safety, packaging and/or labelling; and (b) it has complied with the National Measurement Act with respect to the Produce. 5.3 5.4 The Grower warrants that the Produce dispatched to the Merchant is fit for its purpose and: (a) in every case – is packed or presented and complies with the written Produce Specification Requirements including but not limited to quality and shelf life (Delivery Requirements) provided by the Merchant to the Grower from time to time prior to the Purchase Price being calculated with respect to the Produce or as are otherwise agreed to in writing between the Merchant and the Grower (Merchant Requirements); and (b) is of the grade/class as stamped on the packaging in which the Produce is contained, (Product Specifications). 5.4 5.5 The Grower must not dispatch Produce to the Merchant that: (a) does not comply with the Product Specifications; (b) does not comply with the Produce Specification Requirements; (c) has not been solicited by the Merchant; and (d) notwithstanding subclauses 5.4(a5.5(a), 5.4(b5.5(b) and 5.4(c5.5(c), where this Agreement has not been agreed to in writing by the Grower. 5.5 5.6 Unless otherwise agreed with the Merchant, the Grower will; (a) implement and maintain an industry recognised HACCP based food safety and quality system that is subject to annual third party audit, and (b) by 1 January 2019 be certified to: (1) Freshcare Code of Practice Food Safety and Quality; or (2) GLOBALG.A.P. Integrated Farm Assurance; or (3) Safe Quality Food (SQF). (c) provide copies of any current certification with respect to HACCP or any of the certifications obtained under subclause (b)(1-3) above to the Merchant. 5.7 The Grower agrees to supply details of their registered Australian Business Number (ABN) prior to any payment being made by the Merchant.

Appears in 2 contracts

Samples: Horticulture Produce Agreement, Horticulture Produce Agreement

Grower Obligations. 5.1 The Grower must deliver the Produce at the time and location specified by the Merchant from time to time. 5.2 Prior to Delivery, the Grower agrees to provide documentation that is suitable to the Merchant that accurately describes the quantity, variety, size, class, description and characteristics of the Produce, including packaging, prior to delivery to the Merchant. 5.2 5.3 The Grower warrants that: (a) the Produce dispatched to the Merchant is fit for human consumption and complies with any statutory regulations including food safety, packaging and/or labelling; and (b) it has complied with the National Measurement Act with respect to the Produce. 5.3 5.4 The Grower warrants that the Produce dispatched to the Merchant is fit for its purpose and: (a) in every case – is packed or presented and complies with the written Produce Specification Requirements including but not limited to quality and shelf life (Delivery Requirements) provided by the Merchant to the Grower from time to time prior to the Purchase Price being calculated with respect to the Produce or as are otherwise agreed to in writing between the Merchant and the Grower (Merchant Requirements); and (b) is of the grade/class as stamped on the packaging in which the Produce is contained, (Product Specifications). 5.4 5.5 The Grower must not dispatch Produce to the Merchant that: (a) does not comply with the Product Specifications; (b) does not comply with the Produce Specification Requirements; (c) has not been solicited by the Merchant; and (d) notwithstanding subclauses 5.4(a5.5(a), 5.4(b5.5(b) and 5.4(c), 5.5(c) where this Agreement has not been agreed to in writing by the Grower. 5.5 5.6 Unless otherwise agreed with the Merchant, the Grower will; (a) implement and maintain an industry recognised HACCP based food safety and quality system that is subject to annual third party audit, and (b) by 1 January 2019 be certified to: (1) Freshcare Code of Practice Food Safety and Quality; or (2) GLOBALG.A.P. Integrated Farm Assurance; or (3) Safe Quality Food (SQF). (c) provide copies of any current certification with respect to HACCP or any of the certifications obtained under subclause (b)(1-3) above to the Merchant. 5.7 The Grower agrees to supply details of their registered Australian Business Number (ABN) prior to any payment being made by the Merchant.

Appears in 2 contracts

Samples: Horticulture Produce Agreement, Horticulture Produce Agreement

Grower Obligations. 5.1 The Grower must deliver the Produce at the time and location specified by the Merchant from time to time. 5.2 Prior to Delivery, the Grower agrees to provide documentation that is suitable to the Merchant that accurately describes the quantity, variety, size, class, description and characteristics of the Produce, Produce including packagingpacked on date, prior to delivery to the Merchant. 5.2 5.3 The Grower warrants that: (a) the Produce dispatched to the Merchant is fit for human consumption and complies with any statutory regulations including food safety, packaging and/or labelling; and (b) it has complied with the National Measurement Act with respect to the Produce. 5.3 5.4 The Grower warrants that the Produce dispatched to the Merchant is fit for its purpose and: (a) in every case – is packed or presented and complies with the written Produce Specification Requirements including but not limited to quality and shelf life (Delivery Requirements) provided by the Merchant to the Grower from time to time prior to the Purchase Price being calculated with respect to the Produce or as are otherwise agreed to in writing between the Merchant and the Grower (Merchant Requirements); and (b) is of the variety/grade/class as stamped on the packaging in which the Produce is contained, (Product Specifications). 5.4 5.5 The Grower must not dispatch Produce to the Merchant that: (a) does not comply with the Product Specifications; (b) does not comply with the Produce Specification Requirements; (c) has not been solicited by the Merchant; and (d) notwithstanding subclauses 5.4(a5.5(a), 5.4(b5.5(b) and 5.4(c), 5.5(c) where this Agreement has not been agreed to in writing by the Grower. 5.5 5.6 Unless otherwise agreed with the Merchant, the Grower will;: (a) implement and maintain an industry recognised HACCP based food safety and quality system that is subject to annual third party audit, and (b) by 1 1st January 2019 2021 be certified to: (1i) Freshcare Code of Practice Food Safety and QualityQuality V4 ; orSQF 2000 or Global G.A.P. Integrated Farm Assurance. (ii) If the Grower operates a commercial Pack House and sources product from several growers then they must meet the requirements of either SQF 2000 (Lev 2 or 3) or Global GAP. (c) In addition to this, if the Grower is packing product into trays/cartons/packaging for retail supermarket supply (specifically Aldi, Coles, Costco, IGA/Metcash or Woolworths) then they also need to be certified to HARPS as well by 1st January 2019. (d) Provide copies of any current certification with respect to HACCP or any of the certifications obtained under subclause 5.6 (a,b,c) above to the Merchant. 5.7 The Grower agrees to supply details of their registered Australian Business Number (ABN) prior to any payment being made by the Merchant.

Appears in 1 contract

Samples: Horticulture Produce Agreement

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Grower Obligations. 5.1 The Grower agrees to provide documentation that is suitable to the Merchant that accurately describes the quantity, variety, size, class, description and characteristics of the Produce, including packaging, prior to delivery to the Merchant. 5.2 The Grower warrants that: (a) the Produce dispatched to the Merchant is fit for human consumption and complies with any statutory regulations including food safety, packaging and/or labelling; and (b) it has complied with the National Measurement Act with respect to the Produce. 5.3 The Grower warrants that the Produce dispatched to the Merchant is fit for its purpose and: (a) in every case – is packed or presented and complies with the written Produce Specification Requirements including but not limited to quality and shelf life (Delivery Requirements) provided by the Merchant to the Grower from time to time prior to the Purchase Price being calculated with respect to the Produce or as are otherwise agreed to in writing between the Merchant and the Grower (Merchant Requirements); and (b) is of the grade/class as stamped on the packaging in which the Produce is contained, (Product Specifications). 5.4 The Grower must not dispatch Produce to the Merchant that: (a) does not comply with the Product Specifications; (b) does not comply with the Produce Specification Requirements; (c) has not been solicited by the Merchant; and (d) notwithstanding subclauses 5.4(a), 5.4(b5.4(c) and 5.4(c), where this Agreement has not been agreed to in writing by the Grower. 5.5 Unless otherwise agreed with the Merchant, the Grower will; (a) implement and maintain an industry recognised HACCP based food safety and quality system that is subject to annual third party audit, and (b) by 1 January 2019 be certified to: (1) Freshcare Code of Practice Food Safety and Quality; or (2) GLOBALG.A.P. Integrated Farm Assurance; or (3) Safe Quality Food (SQF).

Appears in 1 contract

Samples: Horticulture Produce Agreement

Grower Obligations. 5.1 The Grower agrees to provide documentation that is suitable to the Merchant that accurately describes the quantity, variety, size, class, description and characteristics of the Produce, including packaging, prior to delivery to the Merchant. 5.2 The Grower warrants that: (a) the Produce dispatched to the Merchant is fit for human consumption and complies with any statutory regulations including food safety, packaging and/or labelling; and (b) it has complied with the National Measurement Act with respect to the Produce. 5.3 The Grower warrants that the Produce dispatched to the Merchant is fit for its purpose and: (a) in every case – is packed or presented and complies with the written Produce Specification Requirements including but not limited to quality and shelf life (Delivery Requirements) provided by the Merchant to the Grower from time to time prior to the Purchase Price being calculated with respect to the Produce or as are otherwise agreed to in writing between the Merchant and the Grower (Merchant Requirements); and (b) is of the grade/class as stamped on the packaging in which the Produce is contained, (Product Specifications). 5.4 The Grower must not dispatch Produce to the Merchant that: (a) does not comply with the Product Specifications; (b) does not comply with the Produce Specification Requirements; (c) has not been solicited by the Merchant; and (d) notwithstanding subclauses 5.4(a), 5.4(b5.4(c) and 5.4(c), where this Agreement has not been agreed to in writing by the Grower. 5.5 Unless otherwise agreed with the Merchant, the Grower will; (a) implement and maintain an industry recognised HACCP based food safety and quality system that is subject to annual third party audit, and (b) by 1 January 2019 be certified to: (1) HARPS; or (2) Freshcare Code of Practice Food Safety and Quality; or (3) Safe Quality Foods (SQF); or

Appears in 1 contract

Samples: Horticulture Produce Agreement

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