35Time for payment

35 Time for payment

(1) The merchant must give the grower payment for horticulture produce delivered under the horticulture produce agreement within the payment period for that delivery. (2) The payment period is the period specified in the horticulture produce agreement as the period within which payment for the delivery of horticulture produce must be given. (3) If the merchant has not paid an amount for the delivery of horticulture produce due to the grower within the payment period for that produce, the grower may take one or both of the following actions: (a) suspend any further deliveries under the horticulture produce agreement until the amount owed is paid; (b) cancel the agreement. (4) Before taking action under subclause (3), the grower must give written notice to the merchant of the grower’s intention to take the action.