Milk testing. 9.1 Coles is responsible for arranging (at its cost) testing of the Milk against the Specifications and the Minimum Volume. Testing against the Specifications, the Minimum Volume and any other term of this Agreement must be conducted by an appropriate process or accredited testing facility and occurs at the Farm by Coles and/or the Carrier. 9.2 If Coles intends to test the Milk against the Specifications, it must take the relevant sample at the Farm and may test the sample at Collection or as soon as reasonably practicable. Where the Milk is to be mixed with Milk from other suppliers at or after Collection, any relevant sample must be taken before any such mixing occurs. 9.3 Coles will make available to the Farmer on the Portal, and in writing, information regarding the Milk test results as soon as reasonably practicable. 9.4 Coles must raise any claims or disputes relating to the Milk, including whether Coles rejects the Milk, arising from the testing outlined in this clause 9 and its compliance with the Minimum Volume, the Specifications (or any other term of this Agreement) as soon as practicable after the Milk has been collected by Coles. 9.5 In complying with clause 9.3, Coles must provide the Farmer with: (a) The reason(s) for the rejection, claim or dispute; (b) Consequences for the Farmer, which may include Coles exercising an entitlement to: i. pay only for the Milk collected at the Farm, if it is less than the Minimum Volume; ii. receive a credit from the Farmer for the difference between the Price paid to the Farmer for their Milk and the Fair Market Price where the Farmer fails to supply Coles with at least 90% of the Minimum Volume in any month (except where the failure is due to a Force Majeure Event), in order to make up for the shortfall in the in the amount of Milk actually supplied by the Farmer (relative to the Minimum Volume). This can be claimed in addition to 9.5(b)i above;β iii. reject Milk that does not comply with the Specifications (whether whole or part of the Minimum Volume). Coles may also elect to accept the non-compliant Milk, but negotiate a reduced Price with the Farmer for that Milk; or iv. (acting reasonably) suspend Collection of the Milk from the Farmer until the Farmer can demonstrate that they have fixed the issue and are likely to comply with the Specifications should Coles recommence Collection. 9.6 Each month, Coles will make available to the Farmer (via the Portal), written information regarding their Milk, including the following details: (a) Total volume of Milk supplied by the Farmer; (b) Butterfat (in kg); (c) Protein percentage (in kg); (d) Price; (e) Any amounts charged to the Farmer in accordance with clause 11.2 of this Agreement; and (f) a recipient created tax invoice (RCTI)
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