Farms.com Home   News

Suggested Clauses for Tomato and Carrot Negotiations

ASSOCIATED PRODUCER AGREEMENT
 
This associated producer agreement shall be reviewed on an annual basis at a meeting called by the processor in advance of negotiations.
 
The intended minimum annual tonnage purchased by the processor from each of its associated producers must be made known at the time of signing. In the event a processor increases their company base, increases must be made proportionality amongst the producer base.
 
For Negotiating Agency Only – Dispute Resolution
 
Where a disagreement arises between a producer and a processor concerning the application of any provision of the associated producer agreement, either party may request in writing a meeting between the producer, the processor and a Farm Products Marketing Commission member in an effort to resolve the dispute. The meeting shall occur within 10 days of the request. Failing a satisfactory resolution,the matter shall be referred to an arbitrator, which shall take place within 21 days. The arbitrator shall be appointed by the FPMC and agreed upon by both parties to negotiation. The arbitrator shall have total discretion in resolving the dispute. The decision shall be final and binding on all parties. All other remedies, including legal action, are hereby waived by the parties.
 
Payment Provisions
 
The processor shall pay to a grower 90% of the full amount of the purchase price due and owing the grower for tomatoes delivered from and including the 1st to the 15th day of any month on the 25th day of that same month, and for tomatoes delivered from and including the 16th day to the last day of the month on the 10th day of the next following month.
Source : OPVG