Common use of Rejection of Produce Clause in Contracts

Rejection of Produce. Horticulture produce supplied by the Grower may be rejected by the Trader: - If the produce does not meet the agreed quality requirements described in clause 5; - If the Trader and Grower have not agreed, in advance, for the produce to be delivered; or - If the Trader reasonably suspects or is aware that the produce has been delivered contrary to Law, including in contravention of the obligations of the Grower or Trader or both under the Heavy Vehicle National Law. The Trader will notify the Grower’s contact person in accordance with clause 18 within 24 hours following delivery, if it rejects any horticulture produce (rejection notice). The Trader will advise the Grower in writing of the rejection and the reasons for the rejection within 2 business days following delivery of the horticulture produce. Where the Trader rejects the produce, the Grower is responsible for recovery and/or movement and disposal of the horticulture produce. Where the Grower does not respond to the rejection notice within 24 hours of its issuance, or fails to retake possession of the produce within 5 business days of the rejection notice, the Grower may destroy and dispose of the rejected produce, or deliver the rejected produce to the Grower, at the Grower’s expense. The Trader will provide reasonable assistance to the Grower to move and/or dispose the rejected produce at the Grower’s expense.

Appears in 2 contracts

Sources: Horticulture Produce Agreement, Horticulture Produce Agreement

Rejection of Produce. Horticulture produce supplied by the Grower may be rejected by the Trader: - If the produce does not meet the agreed quality requirements described in clause 5; - If the Trader and Grower have not agreed, in advance, for the produce to be delivered; or - If the Trader reasonably suspects or is aware that the produce has been delivered contrary to Law, including in contravention of the obligations of the Grower or Trader or both under the Heavy Vehicle National Law. The Trader will notify the Grower’s contact person in accordance with clause 18 within 24 hours following delivery, if it rejects any horticulture produce (rejection notice). The Trader will advise the Grower in writing of the rejection and the reasons for the rejection within 2 business days following delivery of the horticulture produce. Where the Trader rejects the produce, the Grower is responsible for recovery and/or movement and disposal of the horticulture produce. Where the Grower does not respond to the rejection notice within 24 hours of its issuance, or fails to retake possession of the produce within 5 business days of the rejection notice, the Grower may destroy and dispose of the rejected produce, or deliver the rejected produce to the Grower, at the Grower’s expense. The Trader will provide reasonable assistance to the Grower to move and/or dispose the rejected produce at the Grower’s expense.

Appears in 1 contract

Sources: Horticulture Produce Agreement