Terms of Trade and Specifications – AgriExchange Pty Ltd – Katherine, and Vitor Marketing Pty Ltd

These Terms of Trade and Specifications only apply to sales of produce on the Australian Domestic Market.

When 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).

2. The 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.

3. If 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.

Trader's role
4. The Trader is prepared to trade in horticulture produce with a grower as a merchant.

Delivery requirements
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.

Quality of produce
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.

Rejection of produce
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, contamination etc.).
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 follows:
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 the grower.
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.

Payment
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. )

Insurance
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).

Bad debts
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 required.
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.