Merchant Payments and Reporting Obligations. 4.1 The Merchant agrees to make payments to the Grower in the following manner - (a) Payment must be made within the Payment Period. (b) Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower. (c) The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees are disclosed and the Services are set out in the Schedule). 4.2 The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following– (a) any payments made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packaging); (b) levies and fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and (c) Goods and Service Tax in respect of any item for which a tax invoice has been issued. 4.3 The Merchant will not charge the Grower for Services performed by the Merchant, other than as set out in this Agreement. 4.4 The Merchant will provide a statement to the Grower containing the following details, covering the Reporting Period (Statement) – (a) Grower’s reference or shipping note number; (b) description of the quality of Produce purchased; (c) details of the quantity of Produce purchased; (d) the date or dates of the purchases of Produce; (e) the Purchase Price for the Produce (including, if the Purchase Price was determined by a method or formula, the gross sale price of the Produce); (f) the date on which the Produce was physically received by the Merchant; (g) the date on which the Produce was Delivered to the Merchant; (h) details of any Produce not sold; and (i) details of any Non-Complying Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.1, 10.2, 10.3, 10.4, 10.6 and 10.7 of this Agreement and, where Produce is to be destroyed, the reason why the Produce was, or is to be, destroyed. 4.5 The Statement must be given to the Grower within the Statement Period. 4.6 The Merchant will issue a tax invoice to the Grower in respect of any item for which Goods and Services Tax is chargeable.
Appears in 5 contracts
Samples: Horticulture Produce Agreement, Horticulture Produce Agreement, Horticulture Produce Agreement
Merchant Payments and Reporting Obligations. 4.1 The Merchant agrees to make payments to the Grower in the following manner -
(a) Payment must be made within the Payment Period.
(b) Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower.
(c) The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees are disclosed and the Services are set out in the Schedule).
4.2 The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following–
(a) any payments made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packaging);
(b) levies and fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and
(c) Goods and Service Tax in respect of any item for which a tax invoice has been issued.
4.3 The Merchant will not charge the Grower for Services performed by the Merchant, other than as set out in this Agreement.
4.4 The Merchant will provide a statement to the Grower containing the following details, covering the Reporting Period (Statement) –
(a) Grower’s reference or shipping note number;
(b) description of the quality of Produce purchasedpurchased from the Grower by the Merchant during the Reporting Period;
(c) details of the quantity of Produce purchasedpurchased from the Grower by the Merchant during the Reporting Period;
(d) the date or dates of the purchases of ProduceProduce from the Grower by the Merchant during the Reporting Period;
(e) the Purchase Price for the Produce purchased from the Grower by the Merchant during the Reporting Period;
(including, f) if the Purchase Price was determined by a method or formula, ,
(1) the gross sale price Gross Sale Price of the ProduceProduce and
(2) the basis on which the Gross Sale Price is shown (by way of example only, “per unit”, “per consignment/lot”, “per pallet”, etc);
(f) the date on which the Produce was physically received by the Merchant;
(g) the date on which the Produce was Delivered to the Merchant;
(h3) details of any Produce not sold; andsold by the Merchant during the Reporting Period;
(i4) details of any Non-Complying Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.1, 10.2, 10.3, 10.4, 10.6 and 10.7 10.8 of this Agreement during the Reporting Period and, where Produce is to be destroyed, the reason why the Produce was, or is to be, destroyed;
(g) for Produce physically received by the Merchant from the Grower during the Reporting Period, the date on which the Produce was physically received by the Merchant;
(h) for Produce Delivered to the Merchant from the Grower during the Reporting Period, the date on which the Produce was Delivered to the Merchant; and
(i) any amounts deducted during the Reporting Period by the Merchant pursuant to clause 4.2.
4.5 The Statement must be given to the Grower within the Statement Period.
4.6 The Merchant will issue a tax invoice to the Grower in respect of any item for which Goods and Services Tax is chargeable.
Appears in 4 contracts
Samples: Horticulture Produce Agreement, Horticulture Produce Agreement, Horticulture Produce Agreement
Merchant Payments and Reporting Obligations. 4.1 The Merchant agrees to make payments to the Grower in the following manner -
(a) Payment must be made within the Payment Period.
(b) Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower.
(c) The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees are disclosed and the Services are set out in the Schedule).
4.2 The Supplier is responsible for all transport and other costs incurred in shipping the Produce to the Merchant and will not be reimbursed by the Merchant for such costs unless specifically agreed in writing by the Merchant and the Grower. The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following–
(a) any payments made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packaging);
(b) levies and fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and
(c) Goods and Service Tax in respect of any item for which a tax invoice has been issued.
4.3 The Merchant will not charge the Grower for Services performed by the Merchant, other than as set out in this Agreement.
4.4 The Merchant will provide a statement to the Grower containing the following details, covering the Reporting Period (Statement) –
(a) Grower’s reference or shipping note number;
(b) description of the quality of Produce purchased;
(c) details of the quantity of Produce purchased;
(d) the date or dates of the purchases of Produce;
(e) the Purchase Price for the Produce (including, if the Purchase Price was determined by a method or formula, the gross sale price of the Produce);
(f) the date on which the Produce was physically received by the Merchant;
(g) the date on which the Produce was Delivered to the Merchant;
(h) details of any Produce not sold; and
(i) details of any Non-Complying Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.1, 10.2, 10.3, 10.4, 10.6 and 10.7 of this Agreement and, where Produce is to be destroyed, the reason why the Produce was, or is to be, destroyed.
4.5 The Statement must be given to the Grower within the Statement Period.
4.6 The Merchant will issue a tax invoice to the Grower in respect of any item for which Goods and Services Tax is chargeable.
Appears in 3 contracts
Samples: Horticulture Produce Agreement, Horticulture Produce Agreement, Horticulture Produce Agreement
Merchant Payments and Reporting Obligations. 4.1 The Merchant agrees to make payments to the Grower in the following manner -
(a) - Payment must be made within the Payment Period.
(b) . Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower.
(c) . The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees are disclosed and the Services are set out in the Schedule).
4.2 . The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following–
(a) – any payments made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packaging);
(b) ; levies and fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and
(c) and Goods and Service Tax in respect of any item for which a tax invoice has been issued.
4.3 . The Merchant will not charge the Grower for Services performed by the Merchant, other than as set out in this Agreement.
4.4 . The Merchant will provide a statement to the Grower containing the following details, covering the Reporting Period (Statement) –
(a) – Grower’s reference or shipping note number;
(b) ; description of the quality of Produce purchased;
(c) purchased from the Grower by the Merchant during the Reporting Period; details of the quantity of Produce purchased;
(d) purchased from the Grower by the Merchant during the Reporting Period; the date or dates of the purchases of Produce;
(e) Produce from the Grower by the Merchant during the Reporting Period; the Purchase Price for the Produce (including, purchased from the Grower by the Merchant during the Reporting Period; if the Purchase Price was determined by a method or formula, the gross sale price Gross Sale Price of the Produce);
(f) Produce and the date basis on which the Produce was physically received Gross Sale Price is shown (by the Merchant;
(g) the date on which the Produce was Delivered to the Merchant;
(h) way of example only, “per unit”, “per consignment/lot”, “per pallet”, etc); details of any Produce not soldsold by the Merchant during the Reporting Period; and
(i) details of any Non-Complying Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.1, 10.2, 10.3, 10.4, 10.6 and 10.7 10.8 of this Agreement during the Reporting Period and, where Produce is to be destroyed, the reason why the Produce was, or is to be, destroyed.
4.5 ; for Produce physically received by the Merchant from the Grower during the Reporting Period, the date on which the Produce was physically received by the Merchant; for Produce Delivered to the Merchant from the Grower during the Reporting Period, the date on which the Produce was Delivered to the Merchant; and any amounts deducted during the Reporting Period by the Merchant pursuant to clause 4.2. The Statement must be given to the Grower within the Statement Period.
4.6 . The Merchant will issue a tax invoice to the Grower in respect of any item for which Goods and Services Tax is chargeable. 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. The Grower warrants that: 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 it has complied with the National Measurement Act with respect to the Produce. The Grower warrants that the Produce dispatched to the Merchant is fit for its purpose and: 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 is of the grade/class as stamped on the packaging in which the Produce is contained, (Product Specifications). The Grower must not dispatch Produce to the Merchant that: does not comply with the Product Specifications; does not comply with the Produce Specification Requirements; has not been solicited by the Merchant; and 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. Unless otherwise agreed with the Merchant, the Grower will; implement and maintain an industry recognised HACCP based food safety and quality system that is subject to annual third party audit, and by 1 January 2019 be certified to: Freshcare Code of Practice Food Safety and Quality; or GLOBALG.A.P. Integrated Farm Assurance; or Safe Quality Food (SQF). 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. 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
Merchant Payments and Reporting Obligations. 4.1 The Merchant agrees to make payments to the Grower in the following manner -
(a) Payment must be made within the Payment Period.
(b) Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower.
(c) The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees are disclosed and the Services are set out in the Schedule).
4.2 The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following–
(a) any payments made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packaging);
(b) levies and any charges or fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and
(c) Goods and Service Tax in respect of any item for which a tax invoice has been issued.
4.3 (d) Any applicable Department of Agriculture, Fisheries, and Forestry (DAFF) levies, as well as fees for services
4.4 under State or Commonwealth legislation, or any voluntary arrangement, unless otherwise agreed in writing. The Merchant will not charge the Grower for Services performed by the Merchant, other than as set out in this Agreement.
4.4 . The Merchant will provide a statement to the Grower containing the following details, covering the Reporting Period (Statement) –
(a) Grower’s reference or shipping note number;
(b) description of the quality of Produce purchasedpurchased from the Grower by the Merchant during the Reporting Period;
(c) details of the quantity of Produce purchasedpurchased from the Grower by the Merchant during the Reporting Period;
(d) the date or dates of the purchases of ProduceProduce from the Grower by the Merchant during the Reporting Period;
(e) the Purchase Price for the Produce purchased from the Grower by the Merchant during the Reporting Period;
(including, f) if the Purchase Price was determined by a method or formula, ,
(1) the gross sale price Gross Sale Price of the ProduceProduce and
(2) the basis on which the Gross Sale Price is shown (by way of example only, “per unit”, “per consignment/lot”, “per pallet”, etc);
(f) the date on which the Produce was physically received by the Merchant;
(g) the date on which the Produce was Delivered to the Merchant;
(h3) details of any Produce not sold; andsold by the Merchant during the Reporting Period;
(i4) details of any Non-Complying Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.1, 10.2, 10.3, 10.4, 10.6 and 10.7 10.8 of this Agreement during the Reporting Period and, where Produce is to be destroyed, the reason why the Produce was, or is to be, destroyed;
(g) for Produce physically received by the Merchant from the Grower during the Reporting Period, the date on which the Produce was physically received by the Merchant;
(h) for Produce Delivered to the Merchant from the Grower during the Reporting Period, the date on which the Produce was Delivered to the Merchant; and
(i) any amounts deducted during the Reporting Period by the Merchant pursuant to clause 4.2.
4.5 The Statement must be given to the Grower within the Statement Period.
4.6 The Merchant will issue a tax invoice to the Grower in respect of any item for which Goods and Services Tax is chargeable.
Appears in 1 contract
Samples: Horticulture Produce Agreement
Merchant Payments and Reporting Obligations. 4.1 The Merchant agrees to make payments to the Grower in the following manner -manner:
(a) Payment must be made within the Payment Periodperiod.
(b) Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower.
(c) The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees are disclosed and the Services are set out in the Schedule).
4.2 The Grower is responsible for all transport and other costs incurred in shipping the Produce to the Merchant and will not be reimbursed by the Merchant for such costs unless specifically agreed in writing by the Merchant and the Grower. The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following–:
(a) any Any payments made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packaging);
(b) levies Levies and fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and
(c) Goods and Service Tax in respect of any item for which a tax invoice has been issued.
4.3 The Merchant will not charge the Grower for Services performed by the Merchant, other than as set out in this Agreement.
4.4 The Merchant will provide a statement to the Grower containing the following details, covering the Reporting Period (Statement) –
(a) Grower’s reference or shipping consignment note number;
(b) The date on which the Produce was physically received by the Merchant;
(c) The date on which the Produce was delivered to the Merchant;
(d) Details of the quantity of Produce purchased;
(e) A description of the quality of Produce purchased;
(cf) details of the quantity of Produce purchased;
(d) the The date or dates of the purchases of Produce;
(eg) the Purchase Price The purchase price for the Produce (including, if the Purchase Price was determined by a method or formulaformula specified in subclause 3.3, the gross sale price of the Produce);
(f) the date on which the Produce was physically received by the Merchant;
(g) the date on which the Produce was Delivered to the Merchant;
(h) details Details of any Produce not sold; and
(i) details Details of any Non-Complying Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.1, 10.2, 10.3, 10.4, 10.6 and 10.7 of this Agreement and, where Produce is to be destroyed, the reason why the Produce was, or is to be, destroyed.
4.5 The Statement must be given to the Grower within the Statement Period. For the purposes of this agreement the Reporting Period is monthly.
4.6 The Merchant will issue a tax invoice to the Grower in respect of any item for which Goods and Services Tax is chargeable.
Appears in 1 contract
Samples: Horticulture Produce Agreement
Merchant Payments and Reporting Obligations. 4.1 The Merchant agrees to make payments to the Grower in the following manner -
(a) Payment must be made within the Payment Period.
(b) Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower.
(c) The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees are disclosed and the Services are set out in the Schedule).
4.2 The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following–
(a) any payments made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packaging);
(b) levies and fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and
(c) Goods and Service Tax in respect of any item for which a tax invoice has been issued.
4.3 The Merchant will not charge the Grower for Services performed by the Merchant, other than as set out in this Agreement.
4.4 The Merchant will provide a statement to the Grower containing the following details, covering the Reporting Period (Statement) –
(a) Grower’s reference or shipping note number;
(b) description of the quality of Produce purchasedpurchased from the Grower by the Merchant during the Reporting Period;
(c) details of the quantity of Produce purchasedpurchased from the Grower by the Merchant during the Reporting Period;
(d) the date or dates of the purchases of ProduceProduce from the Grower by the Merchant during the Reporting Period;
(e) the Purchase Price for the Produce purchased from the Grower by the Merchant during the Reporting Period;
(including, if f) If the Purchase Price was determined by a method or formula, the gross sale price of the Produce);
(f2) the date The basis on which the Produce was physically received Gross Sale Price is shown (by the Merchantway of example only, “per unit”, “per consignment/lot”, per pallet”,etc);
(g) the date on which the Produce was Delivered to the Merchant;
(h) details of any Produce not sold; and
(i) details of any Non-Complying Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.1, 10.2, 10.3, 10.4, 10.6 and 10.7 of this Agreement and, where Produce is to be destroyed, the reason why the Produce was, or is to be, destroyed.
4.5 The Statement must be given to the Grower within the Statement Period.
4.6 The Merchant will issue a tax invoice to the Grower in respect of any item for which Goods and Services Tax is chargeable.
Appears in 1 contract
Samples: Horticulture Produce Agreement
Merchant Payments and Reporting Obligations. 4.1 The Merchant agrees to make payments to the Grower in the following manner -
(a) - Payment must be made within the Payment Period.
(b) . Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower.
(c) . The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees are disclosed and the Services are set out in the Schedule).
4.2 . The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following–
(a) – any payments made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packaging);
(b) ; levies and fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and
(c) and Goods and Service Tax in respect of any item for which a tax invoice has been issued.
4.3 . The Merchant will not charge the Grower for Services performed by the Merchant, other than as set out in this Agreement.
4.4 . The Merchant will provide a statement to the Grower containing the following details, covering the Reporting Period (Statement) –
(a) – Grower’s reference or shipping note number;
(b) ; description of the quality of Produce purchased;
(c) ; details of the quantity of Produce purchased;
(d) ; the date or dates of the purchases of Produce;
(e) ; the Purchase Price for the Produce (including, if the Purchase Price was determined by a method or formula, the gross sale price of the Produce);
(f) ; the date on which the Produce was physically received by the Merchant;
(g) ; the date on which the Produce was Delivered to the Merchant;
(h) ; details of any Produce not sold; and
(i) and details of any Non-Complying Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.1, 10.2, 10.3, 10.4, 10.6 and 10.7 of this Agreement and, where Produce is to be destroyed, the reason why the Produce was, or is to be, destroyed.
4.5 . The Statement must be given to the Grower within the Statement Period.
4.6 . The Merchant will issue a tax invoice to the Grower in respect of any item for which Goods and Services Tax is chargeable. 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. The Grower warrants that: 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 it has complied with the National Measurement Act with respect to the Produce. The Grower warrants that the Produce dispatched to the Merchant is fit for its purpose and: 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 is of the grade/class as stamped on the packaging in which the Produce is contained, (Product Specifications). The Grower must not dispatch Produce to the Merchant that: does not comply with the Product Specifications; does not comply with the Produce Specification Requirements; has not been solicited by the Merchant; and 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. Unless otherwise agreed with the Merchant, the Grower will; implement and maintain an industry recognised HACCP based food safety and quality system that is subject to annual third party audit, and by 1 January 2019 be certified to: Freshcare Code of Practice Food Safety and Quality; or GLOBALG.A.P. Integrated Farm Assurance; or Safe Quality Food (SQF). 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. 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
Merchant Payments and Reporting Obligations. 4.1 The Merchant agrees to make payments to the Grower in the following manner -
(a) Payment must be made within the Payment Period.
(b) Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower.
(c) The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees are disclosed and the Services are set out in the Schedule).
4.2 The Supplier is responsible for all transport and other costs incurred in shipping the Produce to the Merchant and will not be reimbursed by the Merchant for such costs unless specifically agreed in writing by the Merchant and the Grower. The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following–
(a) any payments made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packaging);
(b) levies and fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and
(c) Goods and Service Tax in respect of any item for which a tax invoice has been issued.
4.3 The Merchant will not charge the Grower for Services performed by the Merchant, other than as set out in this Agreement.
4.4 The Merchant will provide a statement to the Grower containing the following details, covering the Reporting Period (Statement) –
(a) Grower’s reference or shipping note number;
(b) description of the quality of Produce purchased;
(c) details of the quantity of Produce purchased;
(d) the date or dates of the purchases of Produce;
(e) the Purchase Price for the Produce (including, if the Purchase Price was determined by a method or formula, the gross sale price of the Produce);
(f) the date on which the Produce was physically received by the Merchant;
(g) the date on which 5.1 The Grower must deliver the Produce was Delivered 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;.
5.3 The Grower warrants that:
(ha) details of the Produce dispatched pursuant to this Agreement is fit for human consumption and complies with any Produce not soldstatutory regulations including food safety, packaging and/or labelling; and
(ib) details of any Non-Complying it has complied with the National Measurement Act with respect to the Produce.
5.4 The Grower warrants that the Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.1, 10.2, 10.3, 10.4, 10.6 and 10.7 of dispatched pursuant to this Agreement is fit for its purpose and, where :
(a) in every case – is packed or presented and complies with the written Produce is Specification Requirements including but not limited to be destroyed, quality and shelf life (Delivery Requirements) provided by the reason why the Produce was, or is to be, destroyed.
4.5 The Statement must be given Merchant to the Grower within from time to time prior to the Statement PeriodPurchase 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).
4.6 5.5 The Merchant will issue a tax invoice Grower must not dispatch Produce pursuant to this Agreement 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 5.5(a), 5.5(b) and 5.5(c), where this Agreement has not been agreed to in writing by the Grower.
5.6 Unless otherwise agreed with the Merchant, the Grower in respect 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 any item for which Goods Practice Food Safety and Services Tax is chargeable.Quality; or
Appears in 1 contract
Samples: Horticulture Produce Agreement
Merchant Payments and Reporting Obligations. 4.1 The Merchant agrees to make payments to the Grower in the following manner -
(a) Payment must be made within the Payment Period.
(b) Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower.
(c) The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees are disclosed and the Services are set out in the Schedule).
4.2 The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following–
(a) any payments made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packaging);
(b) levies and any charges or fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and
(c) Goods and Service Tax in respect of any item for which a tax invoice has been issued.
4.3 4.4 The Merchant will not charge the Grower for Services performed by the Merchant, other than as set out in this Agreement.
4.4 . The Merchant will provide a statement to the Grower containing the following details, covering the Reporting Period (Statement) –
(a) Grower’s reference or shipping note number;
(b) description of the quality of Produce purchasedpurchased from the Grower by the Merchant during the Reporting Period;
(c) details of the quantity of Produce purchasedpurchased from the Grower by the Merchant during the Reporting Period;
(d) the date or dates of the purchases of ProduceProduce from the Grower by the Merchant during the Reporting Period;
(e) the Purchase Price for the Produce purchased from the Grower by the Merchant during the Reporting Period;
(including, f) if the Purchase Price was determined by a method or formula, ,
(1) the gross sale price Gross Sale Price of the ProduceProduce and
(2) the basis on which the Gross Sale Price is shown (by way of example only, “per unit”, “per consignment/lot”, “per pallet”, etc);
(f) the date on which the Produce was physically received by the Merchant;
(g) the date on which the Produce was Delivered to the Merchant;
(h3) details of any Produce not sold; andsold by the Merchant during the Reporting Period;
(i4) details of any Non-Complying Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.1, 10.2, 10.3, 10.4, 10.6 and 10.7 10.8 of this Agreement during the Reporting Period and, where Produce is to be destroyed, the reason why the Produce was, or is to be, destroyed;
(g) for Produce physically received by the Merchant from the Grower during the Reporting Period, the date on which the Produce was physically received by the Merchant;
(h) for Produce Delivered to the Merchant from the Grower during the Reporting Period, the date on which the Produce was Delivered to the Merchant; and
(i) any amounts deducted during the Reporting Period by the Merchant pursuant to clause 4.2.
4.5 The Statement must be given to the Grower within the Statement Period.
4.6 The Merchant will issue a tax invoice to the Grower in respect of any item for which Goods and Services Tax is chargeable.
Appears in 1 contract
Samples: Horticulture Produce Agreement
Merchant Payments and Reporting Obligations. 4.1 6.1 The Merchant agrees to make payments to the Grower in the following manner -manner:
(a) 6.1.1 Payment must be made within the Payment Period.
(b) 6.1.2 Such payments shall be by cheque or direct bank deposit to the credit of the Grower as specified in writing by the Grower.
(c) 6.1.3 The Merchant may set off any amount owing by the Merchant to the Grower against any amount due for payment (including under any indemnity, reimbursement obligation or in respect of a Return) by the Grower to the Merchant under this Agreement or any other agreement (including for any Services carried out by the Merchant to the Grower provided that the fees for the Services are disclosed and agreed by the Grower and the Merchant and the Services are set out in the Schedule).
4.2 6.2 Unless specifically agreed in writing by the Merchant and Grower, the Grower is responsible for all transport and other costs incurred in transporting the Produce to the Merchant and will not be reimbursed by the Merchant for such costs.
6.3 The Merchant is authorised to deduct from any amount owing to the Grower the relevant amounts with respect to the following–:
(a) 6.3.1 any payments payment made on behalf of the Grower where the Merchant has agreed to make such payments (e.g. transport/unloading/packagingunloading /packaging);
(b) 6.3.2 levies and fees for service payable under State or Commonwealth legislation or any voluntary arrangement; and
(c) Goods and Service Tax 6.3.3 GST in respect of any item for which a tax invoice has been issuedissued by the Merchant to the Grower or any payment under clauses 6.3.1 and 6.3.2.
4.3 6.4 The Merchant will not charge the Grower for Services performed by the Merchant, other than as agreed and set out in this Agreement.
4.4 6.5 The Merchant will provide a statement Reporting Statement to the Grower containing the following details, covering the Reporting Period (Statement) –Period:
(a) 6.5.1 Grower’s reference or shipping note number;
(b) 6.5.2 description of the quality of Produce purchased;
(c) 6.5.3 details of the quantity of Produce purchased;
(d) 6.5.4 the date or dates of the purchases of Produce;
(e) 6.5.5 the Purchase Price for the Produce (including, if the Purchase Price was determined by a method or formula, the gross sale price of the ProduceProduct);
(f) 6.5.6 the date on which the Produce was physically received by the Merchant;
(g) 6.5.7 the date on which the Produce was Delivered to the Merchant;
(h) 6.5.8 details of any Produce not sold; and
(i) 6.5.9 details of any Non-Complying Produce that is disposed of, or otherwise dealt with, in accordance with clauses 10.112.1, 10.212.2, 10.312.3, 10.412.4, 10.6 12.7 and 10.7 12.8 of this Agreement and, where Produce is to be destroyed, the reason why the Produce was, or is to be, destroyed.
4.5 6.6 The Reporting Statement must be given to the Grower within the Statement Period.
4.6 6.7 The Merchant will issue a complying tax invoice to the Grower in respect of any item for which Goods and Services Tax GST is chargeable.
Appears in 1 contract
Samples: Horticulture Produce Agreement
