Records and Sample Collection Clause Samples
The "Records and Sample Collection" clause establishes the requirements for maintaining and providing access to documentation and physical samples related to the subject matter of the agreement. Typically, this clause outlines the types of records that must be kept, the duration for which they should be retained, and the procedures for collecting and submitting samples for inspection or testing. Its core function is to ensure transparency and accountability by enabling parties to verify compliance, resolve disputes, or conduct audits as necessary.
Records and Sample Collection. 8.1 You must:
A. keep records in sufficient detail to enable all EPRs to be easily and accurately determined; B. within 30 days after receiving a request from Us, make those records available to Us or an auditor appointed by Us;
C. upon giving reasonable notice permit Us or any agent nominated by Us to enter the Grower’s premises or any premises under the Grower’s control during normal business hours to inspect and audit all relevant records, and pay all audit fees (on an indemnity basis) where the audit report indicates that You have underpaid, under-estimated or under- calculated any amount due as EPRs by more than five per cent (5 ) and also pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount).; and
D. keep the records for 7 years from the date You Sell any Harvested Material.
8.2 If any audit shows that You have overpaid Us by more than 5 We will credit the overpayment against future payments.
8.3 The Grower agrees that: upon giving reasonable notice to the Grower We or an agent nominated by Us may collect samples of the Grower’s plants and/or grain either on farm or at point of delivery (without notice) for the purpose of examining and verifying the variety.
Records and Sample Collection. 8.1 You must:
A. keep records in sufficient detail to enable all EPRs to be easily and accurately determined;
B. keep the records for 7 years from the date You Sell any Harvested Material.
C. within 30 days after receiving a request from Us, make those records available to Us or an auditor appointed by Us;
D. upon giving reasonable notice permit Us or any agent nominated by Us to enter the Grower’s premises or any premises under the Grower’s control during normal business hours for the purpose of inspecting and auditing all relevant records; and
E. if an audit is conducted and the audit report indicates that You have underpaid, under-estimated or under-calculated any amount due as EPRs by more than five percent (5%) You may be required to:
1. pay all audit fees (on an indemnity basis)
2. pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount); and
3. pay interest on the amount of EPR owing at the rate outlined in Schedule 2 Item 2. Interest shall be charged from the 1st April in the year EPR’s owing were normally required to be paid
8.2 If any audit shows that You have overpaid Us by more than 5% We will credit the overpayment against future payments.
8.3 The Grower agrees that: upon giving reasonable notice to the Grower We or an agent nominated by Us may collect images and/or samples of the Grower’s plants and grain either on farm or at point of delivery (without notice) for the purpose of examining and verifying the variety.
Records and Sample Collection. (a) You must:
(i) keep records in sufficient detail to enable all EPRs to be easily and accurately determined;
(ii) keep the records for 7 years from the date you Sell any Harvested Material;
(iii) within 30 days after receiving a request from us, make those records available to Us or an auditor appointed by us;
(iv) upon receiving reasonable notice permit Us or any agent nominated by Us to enter Your premises or any premises under Your control during normal business hours to inspect and audit all relevant records, and pay all audit fees (on an indemnity basis) where the audit report indicates that You have underpaid, under-estimated or under-calculated any amount due as EPRs by more than five per cent (5%) and also pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount).; and
(v) if an audit is conducted and the audit report indicates that You have underpaid, under-estimated or under-calculated any amount due as EPRs by more than (5%) You may be required to:
(A) pay all audit fees (on an indemnity basis);
(B) pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount); and
(C) pay interest on the amount of EPR owing at the rate outlined in Schedule 2. Interest will be charged from the 1st of April in the year the EPR’s owing were normally required to be paid.
(b) If any audit shows that You have overpaid Us by more than 5% We will credit the overpayment against future payments.
(c) You agree that upon giving reasonable notice to You, We or an agent nominated by Us may collect images and/or samples of Your plants and/or grain either on farm or at point of delivery (without notice) for the purpose of examining and verifying the variety.
Records and Sample Collection. (a) You must:
(i) keep records in sufficient detail to enable all EPRs to be easily and accurately determined;
(ii) keep the records for 7 years from the date You Sell or Use any Harvested Material;
(iii) within 30 days after receiving a request from Us, make those records (which records include, but are not limited to, records held within farm management software, farm planting, management and harvest plans <RXU DJUoRrdsQ, aRndPrLecoVrdWs ¶froVm anUy HothFer farm adviser that relates to variety use, and including historical versions and audit logs of those records) available to Us or an auditor appointed by Us;
(iv) upon GnDoti\ceVfr¶om Us, permit Us, or any agent nominated by Us, to enter Your premises or any premises under Your control during normal business hours to inspect and audit all relevant records; and
(v) if an audit is conducted and the audit report indicates that You have underpaid, under-estimated or under-calculated any amount due as EPRs by more than (5%):
(A) pay all audit fees (on an indemnity basis);
(B) pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount); and
(C) pay interest on the amount of EPR owing at the rate outlined in Schedule 2. Interest will be FKDUJHG IURP WKH VW RI $SULO LQ WKH \HD paid.
(b) If any audit shows that You have overpaid Us by more than 5% We will credit the overpayment against future payments.
(c) You agree that upon giving reasonable notice to You, We, or an agent nominated by Us, may collect images and/or samples of Your plants and/or grain either on farm or at point of delivery (without notice) for the purpose of examining and verifying the variety.
(a) We warrant that:
(i) We have all rights necessary to grant You the permission and Licence contained in clause 2; and
(ii) the Seed You buy from Us or an Authorised Distributor will be unencumbered and will not be subject to any obligations to anyone else unless We have told You about those obligations.
(b) Except to the extent provided in clause 9(a) (above), We exclude all terms, conditions and promises implied by custom, the general law or statute, except any promises that cannot be excluded by Law.
Records and Sample Collection. 8.1. You must:
A. keep records in sufficient detail to enable all EPRs to be easily and accurately determined;
B. keep the records for 7 years from the date You Sell any Harvested Material;
C. within 30 days after receiving a request from Us, make those records available to Us or an auditor appointed by Us;
D. upon giving reasonable notice, permit Us or any agent nominated by Us to enter the Grower's premises or any premises under the Grower's control during normal business hours for the purpose of inspecting and auditing all relevant records; and
E. if an audit is conducted and the audit report indicates that You have underpaid, under-estimated or under-calculated any amount due as EPRs by more than five percent (5%) You may be required to:
1. pay all audit fees (on an indemnity basis); EPR License between Licensee and Grower 1 January 2023
2. pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount); and
3. pay interest on the amount of EPR owing at the rate outlined in Schedule 2 Item 3. Interest which shall be charged from the 1st April in the year EPR’s owing were normally required to be paid.
8.2. If any audit shows that you have overpaid us by more than 5% we will credit the overpayment against future payments.
8.3. The Grower agrees that: upon giving reasonable notice to the Grower, We or an agent nominated by Us may collect images and/or samples of the Grower’s plants and grain either on farm or at point of delivery (without notice) for the purpose of examining and verifying the variety.
Records and Sample Collection