Paul Towns Agriculture Ltd: Terms of purchase current at 1st August 2017 for the purchase of Ex Farm / Delivered Goods purchased from First Producer
These terms of purchase shall apply to all purchases of Oilseeds, Pulses and Cereals made by Paul Towns Agriculture Ltd (hereafter referred to as “The Buyer”) from 1st August 2017.
1 End receiver’s terms of purchase will apply to all purchases of grains and pulses and additionally under the terms of the AIC 2/16 Contract or any subsequent amendment thereof insofar that they are not consistent with the end receiver’s terms. The end receiver’s terms will prevail in the event of any conflict with Paul Towns Agriculture Ltd.’s Terms of Purchase (hereafter referred to as “Terms of Purchase” which will prevail over any other contract terms or condition.
2 Oilseed Rape is purchased on End Receivers terms and additionally incorporate the FOSFA26A Contract applicable at the time of delivery. The end receiver’s terms prevail over the Terms of Purchase which prevail over any other contract terms or condition.
Analysis and time limits for notification of latent defects
2a Where Oilseed Rape has been purchased, first analysis under Clause 11 of the FOSFA26A is undertaken by a FOSFA analyst, the end receiver of the goods, or by the Buyer’s accredited laboratory. The goods shall be subject to analysis including but not limited to Erucic Acid, Free Fatty Acid, Glucosinalates, and Benzo-Alpha Pyrene and it is hereby agreed between Buyer and Seller that defects discovered by this analysis which are not apparent, discovered or discoverable by the exercise of reasonable due diligence at the point of delivery to the Buyer will be subject to claims for damages the notification of which will be in accordance with time limits as per Clause 2c below.
2b Latent defects
Notwithstanding any provision of AIC 2/16 or FOSFA26A or FOSFA9A or of any terms to the contrary, the following time limits shall apply to any claim for any remedy, including, for the avoidance of doubt, the rejection of goods that arises from any defect and/or deficiency in the quality or condition of the goods that was not apparent by the exercise of reasonable diligence at the point of delivery to the Buyer (any such defect and/or deficiency hereafter “a Latent Defect”). In respect of any claim arising from a Latent Defect:
2 c With regard to any claim arising from a Latent Defect for Oilseed Rape and Linseed, the time limit for passing any claim shall be 120 consecutive days following the discovery of the Latent Defect giving rise to the claim. The time limit for claiming arbitration in respect of Latent Defect in Oilseeds is agreed so as to provide that arbitration shall be commenced within 120 consecutive days following the discovery of the Latent Defect if so allowable under other relevant contracts governing this transaction.
3 Linseed is purchased on End Receivers terms and additionally incorporate the FOSFA9A Contract applicable at the time of delivery. The end receiver’s terms prevail over the Terms of Purchase which prevail over any other contract terms or condition.
4 All deliveries must be accompanied by a Combinable Crops Grain Passport (“CCGP”) with the grower’s valid assurance sticker attached. CCGP must be in a form acceptable to the end receiver. A copy can be downloaded from https://www.agindustries.org.uk/sectors/grain-and-oilseed/grain-passport/
GMO goods are not acceptable.
5 All grain contract and claim information will be supplied to the seller by email. It is the seller’s responsibility to make sure a correct email address is provided. Claims may also be notified by telephone.
6 All grain supplied must be produced under a recognised and audited Farm Assurance scheme which is up to date and within the scope of the Red Tractor Assurance Standards. Non-assured trades may be possible but this must be agreed at the time of trade with the Buyers trader and confirmed will be confirmed on the terms of purchase.
7 All grain supplied to the Buyer must be sound and merchantable and free from ergot, heated grains, mould, (Grain is not acceptable above 20 degrees Celsius), green grain, burnt grain, infestation alive or dead, grains of unsuitable appearance, animal droppings, objectionable smell or taste and diatomaceous earth and similar admixtures.
8 All deliveries must comply with current UK and EU legislation current at the time of delivery. In particular sellers must pay attention to the regulations covering Mycotoxins, Ochratoxin A, Deoxynivalenol, Zearalenone, and HT2 and T2. It is the producers.
- PRODUCT LIABILITY INSURANCE The Seller should have adequate product liability insurance to cover any product liability or other claims for which they may be legally liable.
- By taking samples or determining analysis the buyer accepts no liability for analytical results and results are given on an advisory basis only. Contractual determination of the quality and condition of the goods will be made at the point of delivery. Growers are recommended to draw their own representative samples either as trailers tip or on completion of setting down stores according to AHDB guidelines and to make these available to the buyer’s representatives attending farm for the purposes of the collection of such samples.
11 Paul Towns Agriculture Ltd shall be entitled, at any time and without notice to the seller, to set off any liability or monies due from the seller to Paul Towns Agriculture, Towns Agriculture Ltd, Cropwell Ltd or Harby Agriculture Ltd howsoever arising, against any monies payable by Paul Towns Agriculture Ltd or any subsidiary or any holding company (as such expressions are defined in section 736 Companies Act 1985) of Paul R Towns Ltd from time to time, to the seller under any contract between Paul Towns Agriculture Ltd, Towns Agriculture Ltd or any such subsidiary or any such holding company and the seller.