of Trade and Specifications – AgriExchange Pty Ltd – Katherine,
and Vitor Marketing Pty Ltd
Terms of Trade and Specifications only apply to sales of produce
on the Australian Domestic Market.
terms of trade apply
1. These terms of trade set out the terms and conditions on which any of Vitor
Marketing Pty Ltd ABN 81 068 236 144, AgriExchange Pty Ltd ABN 13 050 165 921
and AgriExchange Farm Management Pty Ltd ABN 24 109 237 283, as Trustee for
the Vitor Unit Trusts, (collectively or individually referred to as Trader)
is prepared to trade in horticultural products with growers as required by
the Horticultural Code of Conduct (Code).
Code requires that a Trader and grower may only trade in horticultural
produce with each other if they have entered into a horticulture
produce agreement that complies with the Code. These Terms of Trade
will be subject to a Horticulture Produce Agreement.
the Trader and grower agree, these terms of trade may be included
in a horticulture produce agreement between the Trader and a grower
and form part of the terms and conditions of that agreement.
4. The Trader is prepared to trade in horticulture produce with a grower as
5. Horticulture produce must be delivered by a grower in the following manner:
• in plastic field bins to AgriExchange Pty Ltd’s Katherine premises.
• In accordance to the requirements specified in the “Agreement to Consign
Fruit to AgriExchange Pty Ltd” Document.
6. Horticulture produce provided by a grower must comply with the specifications
in the “Agreement to Consign Fruit to AgriExchange Pty Ltd” Document. The grower
agrees that the fruit will be sorted by AgriExchange Pty Ltd in accordance
with the quality specifications as determined by Vitor Marketing Pty Ltd. The
grower acknowledges that these specifications may vary depending on market
conditions at the time of packing.
7. Horticulture produce supplied by a grower may be rejected if the horticulture
produce does not meet the agreed quality requirements as described above. Produce
may also be rejected by the Trader or subsequent merchants for reasons not
apparent at the time of packing (for example, inherent defects, chemical residues,
8. The Trader will immediately notify the grower by telephone, fax, email or
other electronic means if it rejects any previously sorted and packed horticulture
produce and will subsequently advise the grower in writing of the rejection
and the reasons for the rejection within 90 days following delivery of the
horticulture produce to the Trader.
9. The consequences of the Trader rejecting the horticulture produce are as
If the produce is rejected by the packer as being unsuitable for the packed
fresh fruit markets before being delivered to the Trader, the fruit will either
be sold to a processing company or dumped. Dumping costs may be charged to
If the produce is rejected by the Trader or subsequent merchants for reasons
not apparent at the time of packing (for example, inherent defects, chemical
residues, contamination etc.) the Trader will make its best endeavors to minimize
the financial exposure to the grower.
10. Payment will occur within 25 days of the end of the month during which
the produce was delivered to the Trader. Payment will be made by Electronic
Funds Transfer ( E.F.T. )
11. The Trader has limited domestic insurance in respect of the horticulture
produce once the produce is under the Trader's control.
12. The Trader uses Vero Insurance Ltd. The maximum amount of claims covered
by the Trader's insurance policy is $250,000 subject to an excess of 10% of
the value or $10,000, whichever is the greater.
13. The insurance held by the Trader covers deterioration of product following
unforeseen loss or damage to items of plant or equipment (other than deterioration
of quality of any other inherent losses).
14. If the Trader is trading as an agent, the Trader will pursue the bad debts
of the grower arising from a failure of a person, who has agreed to buy the
horticulture produce of the grower through the Trader, to pay the Trader for
some or all of the grower's horticulture produce by the time that payment is
15. If the Trader is unable to recover the debt, the unrecoverable amount may
be recovered from the grower by the Trader if the grower had already been paid
by the Trader for the horticulture produce.