16Matters to be specified in horticulture produce agreements

16 Matters to be specified in horticulture produce agreements

A horticulture produce agreement must specify: (a) whether the trader is trading as an agent or a merchant under the agreement; and (b) any requirements the trader has in respect of delivery of horticulture produce to the trader by the grower; and (c) any circumstances, for the purposes of paragraph 22(2)(b), in which the trader may reject horticulture produce delivered by the grower; and (d) the period, for the purposes of subclause 22(4), within which the trader must give the grower reasons for a rejection of horticulture produce delivered by the grower; and (e) if the trader has insurance for horticulture produce covered by the agreement: (i) the extent to which the produce is covered by the agreement; and (ii) the maximum amount of insurance cover provided by the trader’s insurance policy in respect of claims that may be made in relation to the produce; and (f) the process for varying the agreement; and (g) if the agreement is only to operate for a limited time—the term of the agreement; and (h) any quality and quantity requirements relating to horticulture produce covered by the agreement; and (i) the FreshSpecs Produce Specifications, or other specifications, that will be used to determine the quality of the produce; and (j) how the trader deals with horticulture produce, provided by the grower under the agreement, that does not meet the quality or quantity requirements (if any) specified in the agreement; and (k) if the trader intends to pool the horticulture produce with other produce: (i) the quality requirements relating to the produce to be pooled; and (ii) the specifications that will be used to determine the quality of the produce to be pooled; and (l) the payment period, for the purposes of subclause 35(2), for the delivery of horticulture produce under the agreement; and (m) the reporting period for the agreement; and (n) the statement period for the agreement; and (o) the contact details of the person that the grower should contact in the event of a dispute with the trader under the agreement or this code; and (p) the contact details of the person that the trader should contact in the event of a dispute with the grower under the agreement or this code; and (q) the process for terminating the agreement.