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.
Appears in 4 contracts
Sources: 2024 Variety License, 2024 Variety License, Variety License
Records and Sample Collection. 8.1 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 notice, permit Us or any agent nominated by Us to enter the Grower’s 's premises or any premises under the Grower’s '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 23. Interest which shall be charged from the 1st April in the year EPR’s owing were normally required to be paid.
8.2 8.2. If any audit shows that You you have overpaid Us us by more than 5% We we will credit the overpayment against future payments.
8.3 8.3. The Grower agrees that: upon giving reasonable notice to the Grower 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.
Appears in 3 contracts
Sources: Variety License, Variety Agreement, Variety Agreement
Records and Sample Collection. 8.1 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 notice, permit Us or any agent nominated by Us to enter the Grower’s 's premises or any premises under the Grower’s '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 23. Interest which shall be charged from the 1st April in the year EPR’s owing were normally required to be paid.
8.2 8.2. If any audit shows that You you have overpaid Us us by more than 5% We we will credit the overpayment against future payments.
8.3 8.3. The Grower agrees that: upon giving reasonable notice to the Grower 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.
Appears in 2 contracts
Sources: Variety License, Variety License
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 notice, permit Us or any agent nominated by Us to enter the Grower’s 's premises or any premises under the Grower’s '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 23. 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 you have overpaid Us us by more than 5% We 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 and/or grain either on farm or at point of delivery (without notice) for the purpose of examining and verifying the variety.
Appears in 2 contracts
Sources: Seed Licence Agreement, Variety Licence
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 (which records include, but are not limited to, records held within farm management software, farm planting, management and harvest plans, Your agronomist’s records, and records from any other 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 Usus;
D. C. upon giving reasonable receiving 14 days’ notice permit Us or any agent nominated by Us to enter the Grower’s 's premises or any premises under the Grower’s 's control during normal business hours for the purpose of inspecting to inspect and auditing audit all relevant records; and
E. if , and pay all audit fees (on an audit is conducted and 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 percent per cent (5%) You may be required to:
1. pay all audit fees (on an indemnity basis)
2. and also pay the full amount of any shortfall (inclusive of any GST or other taxes owing on such amount); and
3. pay interest on D. keep the amount of EPR owing at the rate outlined in Schedule 2 Item 2. Interest shall be charged records for 7 years from the 1st April in the year EPR’s owing were normally required to be paiddate 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: that upon giving reasonable notice to the Grower We Grower, We, or an agent nominated by Us Us, may collect images and/or samples of the Grower’s plants and and/or grain either on farm or at point of delivery (without notice) for the purpose of examining and verifying the variety.
Appears in 2 contracts
Sources: Variety Licence, Licence Agreement