Common use of Rejection of Produce Clause in Contracts

Rejection of Produce. 10.1. The Merchant will accept and be deemed to have accepted delivery of all Produce delivered to the Merchant unless the Merchant rejects the Produce as set out in this clause 10. 10.2. The Merchant may reject such part of the Produce delivered by the Grower that does not materially satisfy the type or Quality requirements specified in this Agreement. 10.3. The Merchant may also reject the Produce if: (a) the Grower does not have title in the Produce delivered by the Grower; or (b) if the Produce is not delivered in accordance with this Agreement. 10.4. A rejection by the Merchant is not effective (and the Merchant is deemed to have accepted the Produce) unless within 24 hours after the time at which the Produce is delivered, the Merchant notifies the Grower in writing that the Produce is rejected and provides valid reasons for the rejection. 10.5. Notwithstanding clause 10.3, if the Merchant rejects the Produce, the Merchant must, within 24 hours of issuing the notice of rejection to the Grower, advise the Grower that the Produce has been rejected. 10.6. Where the Produce is rejected by the Merchant, the Merchant will hold the Produce at the Place of Delivery for collection by the Grower at an agreed time, unless the grower agrees in writing to renegotiate the sale of the rejected produce to the Merchant including but not limited to negotiating a class for the produce other than class 1 produce as defined by FreshSpecs produce specification.

Rejection of Produce. 10.1. The Merchant will accept and be deemed to have accepted delivery of all Produce delivered to the Merchant unless the Merchant rejects the Produce as set out in this clause 10. [The circumstances in which the Merchant may reject the Produce delivered by the Grower must be specified in this Agreement. If the circumstances are not specified in this Agreement then the circumstances may not be relied upon.] 10.2. The Merchant may reject such part of the Produce delivered by the Grower that does not materially satisfy the type or Quality requirements specified in this Agreement. 10.3. The Merchant may also reject the Produce if: (a) the Grower does not have title in the Produce delivered by the Grower; or (b) if the Produce is not delivered in accordance with this Agreement. 10.4. A rejection by the Merchant is not effective (and the Merchant is deemed to have accepted the Produce) unless within 24 hours [Consider appropriate timing to reject the Produce and amend accordingly.] after the time at which the Produce is delivered, the Merchant notifies the Grower in writing that the Produce is rejected and provides valid reasons for the rejection. 10.5. Notwithstanding clause 10.3, if the Merchant rejects the Produce, the Merchant must, within 24 hours of issuing the notice of rejection to the Grower, advise the Grower that the Produce has been rejected. 11.2. If the Commercial terms schedule elects that pooling of the produce is permitted then the Merchant may pool Produce delivered by the Grower under this Agreement with other produce if: (a) the other produce is of the same quality as the Produce delivered by the Grower; and (b) the Produce and other produce meet the Quality requirements specified in this Agreement. [If the parties agree that the Merchant may pool Produce then this must be provided for in this Agreement in accordance with clause 23 of the Code. Pooled produce must all be of the same quality and the quality requirements must be recorded in this Agreement.] 11.3. Where the Merchant pools Produce in accordance with this Agreement, the amount payable to the Grower will be a proportion of the total proceeds received by the Merchant for pooled produce that is equal to the proportion of the pooled produce that was contributed by the Grower. 10.6. Where the Produce is rejected by the Merchant, the Merchant will hold the Produce at [insert address / the Place of Delivery Delivery] for collection by the Grower at an agreed time, time [or return the Produce to the Grower at the G rower’s expense] unless the grower agrees in writing to renegotiate the sale of the rejected produce to the Merchant including but not limited to negotiating a class for the produce other than class 1 produce as defined by FreshSpecs produce specification. [If the Merchant is not permitted to pool Produce then include this clause, otherwise delete this clause.]