Who would sign a farmers Union for selling grain

[ALLFARMER]

CAPL - Canadian Association of Petroleum Land
Agents has used standard form documents for
land leases for decades. The have only been
updated a couple times. A standard 5 heads of
compensation 1, entry fee 2 loss of use 3
general disturbance, ok I forget the other 2

A grain growing body should push this (barley
grower or oat growers or even the canola council)
put their logo or stamp on a standard form
document and main a copy to all their members
and encourage them to copy it and insist on it
when selling product.

[ALLFARMER]

4) adverse affect.... 5????

All CAPL does is slap the oil companies name in
the farmers, the land location and the 5 heads of
compensation total acres and sign.

Standard Grain Sale Contract.

[ALLFARMER]

4) adverse affect.... 5????

All CAPL does is slap the oil companies name in
the farmers, the land location and the 5 heads of
compensation total acres and sign.

Standard Grain Sale Contract.

Anyone who can type and has a few other grain
sale contacts around to reference should be able
to do this.

Heck forget the grain groups well make one here
on agriville lots of long winded, intelligent types
here.

First draft

Agriville Standard Form Grain Sale Contract
(2012)

Between: ABC Grain Co.
and: Burbert Family Farms

Date: June 7, 2012

Crop: High THC hemp

Grade: Canada #1

Payment: upon delivery, 30 days (circle)

Tonnage: 4000 tonne

Price: tonne

FOB: Rosetown SK - ABC grain Terminal

[oneoff]

And lets put all the terms on the one side of the page; with no fine print on the reverse side that no one is supposed to read or does read.

[oneoff]

And give some thought to an alternate system to mail delivery of cheques. I'm tired of cheques supposedly put in the mail on Monday, and still not received by Thursday. Paperwork and cheque needs to move a little over 200 miles.

[oneoff]

Hopper; I think you said it quite clearly elsewhere
You said "Brain storm. We need a union, all payment made the following day if requested. Or Deliveries can stop. With Daily storage payments. Parsley was working on some sort of farmer grain sale agreement one time but as far as I know it got no where. We should do it here and now."

Why wouldn't an ammendment to every contract for an immediate "demand payment" option be what is required.?

It seems like some pretty powerful farmer protection; and it limits getting forced deeper into dealing with companies that can't pay up for past debts.
I'll give a Newco example. Even though they couldn't possibly pay for past deliveries; both the CGC and Newco advised that an unfullfilled brand new contractwith them might still be binding upon the farmer.

At least that scenario should be stricken from any obligation to fulfil a contract

[oneoff]

Hopper: I would also suggest dropping any reference to the word "union". Significant support could be being lost because of the connotions that lesser people might very well associate with a word.
Hopper: Why not soon create a new thread "Second draft..... Farmer's Standard Grain Contract" and invite more comments and suggestions for revisions?
Having a website specifially for the Farmers Standard Grain Contract is a very good idea; but using agriville is maybe even better. There is no sense duplicating anything; when it is already setup, advertised and available for free.

[malleefarmer]

check out grain trade australia website as
to how it works here.

[oneoff]

Thanks mallee: Here's the growers contract from that site

Date: / / Contract Number: ___________________________________
This Contract is confirmation between:
Name: & Name:
Company: Company:
Address: Address:
(Buyer ABN: ) (Seller ABN: )
The Buyer and Seller agree to transact this Contract subject to the following Terms and Conditions:
Commodity: GTA Manual Commodity Reference:
Grade: Inspection: _________________________________________
(Origin - Destination)
Quantity: Tolerance:
(Origin ¡V Destination)
Packaging: Weights:
(Refer over)
Price: Inc. GST ______________________
Excl. GST _____________________
No GST _______________________
Price Basis: _______________________________
(Delivered, Shipped, Free In Store, Free On Board, Ex-Farm, etc.)
Delivery/Shipment Period: __________________________________________________ ___
(Road, Rail, Delivered Container Terminal, Freight, Rated Basing Point, Loading Weight requirements if applicable)
Delivery Point and Conveyance: __________________________________________________ ___
Payment Terms: The buyer agrees to pay the seller within ___________ days, end of week of delivery. In the absence of a declaration, payment will be 30 days end of week of delivery.
Levies and Statutory Charges: Any industry, statutory or government levies which are not included in the price shall be deducted as required by law.
Disclosures: Is any of the crop referred to in this contract subject to a mortgage, encumbrance or lien and/or PBR
and/or EPR liabilities? NO ƒá YES ƒá (Please „Ï appropriate box) If "yes" please provide details
__________________________________________________ __________________________________________________
Other Special Terms and Conditions:
All Contract Terms and Conditions as set out above and on the reverse of this page form part of this Contract. Terms and Conditions written on the face of this Contract Confirmation shall overrule all printed Terms and Conditions on the reverse with which they conflict to the extent of the inconsistency. This Contract comprises the entire agreement between Buyer and Seller with respect to the subject matter of this Contract.
Incorporation of GTA Trade & Dispute Resolution Rules:
This contract expressly incorporates the GTA Trade Rules and Dispute Resolution Rules in force at the time of this contract, under which any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration.
To assist with the processing of the Goods and Services Tax compliance, the buyer may prepare, for the grower, a Recipient Created Tax Invoice - RCTI. If the grower requires this service he is required to sign this authorisation.
ƒá Please issue a RCTI (Please „Ï)
Signature: Name of Grower:
Buyer: ____/___/_____ Seller: _______________________________ ___ /____/___
(signature) (date) (signature) (date) __ (name printed) ____
This Contract has been executed and this form serves as confirmation and should be signed and a copy returned to the buyer/seller immediately. (name printed)
Grain Trade Australia Limited (GTA) Standard Terms and Conditions
TRADING RULES: This Contract is subject to the Trade Rules of GTA currently in effect, except to the extent the same are in conflict with the Terms and Conditions expressed herein, with such Rules forming an integral part of the Contract and of which both parties hereto shall be deemed to be cognisant.
TIME: All stipulations set forth in the Terms of Trade as to ¡§TIME¡¨ are of the essence.
QUANTITY: Unless otherwise stated, all quantities shall be expressed metrically and to the nearest one/one-hundredth [1/100] of a metric tonne.
QUANTITY TOLERANCE: The Seller shall have the option of delivering five percent [5%] or twelve [12.00] metric tonnes, whichever is the lesser quantity, more or less than the contractual quantity at the Contract price. This variation of five percent [5%] or twelve [12.00] tonnes is hereinafter referred to as the ¡§Tolerance¡¨.
WEIGHTS: Unless specifically agreed otherwise, destination weights, which shall be determined by qualified personnel, shall be the basis of¡¦ trade. If¡¦ these are not available, loading point, government or Registered Public Weighbridge weights shall be accepted. Errors in weighbridge tickets in all cases shall be excepted.
QUALITY GRADES: Unless specifically agreed otherwise, Destination Quality Grades shall be on the basis of trade, which shall be determined by qualified personnel according to sampling and analyses procedures established by GTA. If these are not available, Loading Point Quality Grades shall be accepted.
CHEMICAL AND PESTICIDE RESIDUES: The Seller warrants that the commodity complies with all State and Federal Laws and requirements relating to chemical and pesticide residues and specified government designated maximum residue levels.
CONVEYANCE AND DELIVERY INSTRUCTIONS: Unless otherwise agreed, the Seller shall have the right of conveyance.
INTEREST: If any payment is not made on or before the due date for payment, interest shall be payable at the rate selected. If there is no due date for payment, interest shall be payable if there has been an unreasonable delay in payment. Interest payable shall be appropriate to the currency involved. If the amount of interest is not mutually agreed, interest will be payable at a rate of 1.5% per calendar month, calculated daily.
OWNERSHIP AND PASSING OF TITLE: Risk in any goods supplied by the Seller to the Buyer shall pass to the Buyer when they leave the possession of the Seller however title shall not pass until payment in full has been received by the Seller. Until full payment is received the Buyer and/or it's agents and 3rd parties hold the goods as bailees only. On breach of any payment terms, the Buyer on its own behalf and on behalf of its agents and 3rd parties authorises the Seller to enter any premises and retake possession of the goods without notice to the Buyer, its agents and 3rd parties.
Where the goods have been comingled with other goods, the Buyer becomes an owner in common of the bulk goods and the undivided share of the Seller shall be such share as the quantity of Seller's goods bears to the quantity of the goods in the bulk.
Until such time as the Seller has received payment in full, any on-sale by the Buyer is made as the Seller's agent and the Buyer holds the proceeds of any on-sale of the Goods as trustee for and on behalf of the Seller and must account to the Seller for those proceeds, on demand. Where at the time of default in any payment terms to the Seller the Buyer has not received proceeds of any on-sale the Seller is expressly authorised to receive proceeds of on-sale direct from the Buyer's customer.
REJECTION: A Buyer shall not be entitled to reject goods as not being in accordance with description or sample if those goods are of a quality superior or equal to that contracted for, provided that goods are otherwise in accord with the Contract description.
FINALITY: All adjustments or compensation claimed based on defect of quality or condition or weights which shall be apparent upon reasonable inspection must be advised within five [5] business days after unloading or presentation of appropriate documents and must be formally confirmed by written notice, letter or facsimile within thirty [30] consecutive days of delivery of the consignment.
FAILURE TO PERFORM: Failure to perform in keeping with the Terms and Conditions of a Contract shall be grounds for the refusal only of such Delivery(ies) or Shipment(s) in default, and not for the recession of the entire Contract or any other Contract between the Buyer and Seller.
DEFAULT: In the event of Default in fulfillment of Contract by either party, the other at their discretion shall have the right, after giving written notice by letter, or facsimile, or telex, or by email to sell or purchase, as the case may be, against the Defaulter and the Defaulter shall make good the loss, if any, on such purchase or sale.
If the Buyer or Seller suspend payments of debts, or convenes or holds a meeting of creditors, or commits an act of bankruptcy, or being a company shall have a receiver appointed, or hold a meeting for the purpose of considering a resolution that the company be wound up or go into liquidation, such Buyer or Seller shall be deemed to be in Default.
NOTICES: All notices given under these GTA Trading Rules shall be given by written letter delivered by hand on the day of writing, or by facsimile, or by telex, or by email or by other method of rapid written communication. Any notices received after 1700 hours local time on a business day shall be deemed to have been received on the business day following. A notice to a party¡¦s Brokers or Agent shall be deemed a notice under these GTA Trading Rules. In case of resales, all notices shall be passed on without delay by Buyers to their respective Sellers or vice versa.
FORCE MAJEURE: Neither the Buyer nor the Seller shall be responsible for delay in delivery of goods or any part thereof occasioned by action by any act of God, fire, flood, wind, explosion, power failure, war, embargo, act of government, strike (including dock and/or shipping strike), lock-out, combination of workers, or civil commotion which is not due to said party¡¦s own acts or negligence. The loss of a commodity due to production risks or crop failure does not constitute a condition of Force Majeure.
DISPUTES: Any party or parties who have entered into Terms of Trade subject to GTA Trade Rules shall be entitled to refer any disputes arising out of such contract, and which cannot be resolved between the parties, to GTA for Arbitration.
ARBITRATION: If any dispute arises out of or relates to this Contract or the breach, termination or subject matter thereof, the dispute shall be submitted to and settled by Arbitration in accordance with GTA Dispute Resolution Rules in the edition current at the date of the establishment of the Terms of Trade in the Contract, such rules forming an integral part of the Contract and of which both parties hereto shall be deemed to be cognisant.
Neither party to a dispute, nor any persons claiming under either of them, shall bring any action or other legal proceedings against the other in respect to any such dispute until arbitrated in accordance with GTA Dispute Resolution Rules.
DOMICILE: This Contract and these GTA Trade Rules are governed by and shall be construed to be in accordance with the law for the time being enforced in Australia and in the State or Territory in which the transaction is executed (i.e. goods conveyed and title passed). Performance of all Contracts under these Trade Rules are subject to orders, rules and regulations of all government agencies, and to all causes, except as limited herein.
RCTI: Recipient Created Tax Invoice - Reference on the front of this form provides for the grower (seller) to authorise the buyer to issue the RCTI on his behalf. This request also requires the sellers signature.
NOTE: The GTA Trading Rules provide a more detailed explanation.
Copies available on the GTA website may be requested by phone: (02) 9247 6408 or Fax (02) 9247 9153.

[oneoff]

What about stating no deductions or aditional charges unless specifically mentioned in the contract and agreed to. That would prevent suprises from "handling tariffs", and other creative unannounced deductions.

[oneoff]

Here's an additional important point.

Since payment is based on weight; the certification status of those scales used for legal trade should be provided; and if any split axle weighing is used; then the seller should be notified and agree to those weights being used.
Farmers don't realize it; but air bag pressure and a visual guess of load size is easily plus or minus a $500 bill. Those interested in an honest fair weight for both the seller and buyer need to be a lot more diligent concerning weights. I again suggest having a network of certified scale stations that would provide a service for weighing and possibly independent 3rd party sampling.
Cheap insurance and fair for everyone in my books.

[grassfarmer]

Why set up another Farmers Union? you've already got
one.

[ianben]

A couple of UK contracts /advise you might find
interesting
/http://publications.hgca.com/publications/documen
ts/Cereal_Sellers_checklist.pdf
http://www.gleadell.co.uk/uploaded/documents/Grai
n%20Contract%201-11.pdf

[malleefarmer]

all parties i deal with you sign a brief
contract which says it abides by gta rules
and regulations and both buyer and seller
sign it done deal

[Hopperbin]

I was thinking more on the lines of protecting the grower against non payment. I think it is better to let our sellers grain companies to determine the price and grade deductions and or additions. The idea is to let them do their jobs so that we still have markets. We want a guarantee of payment. Why destroy our whole market? Why should a broker or feed mill use us farmers as a bank. If we don't stand together we will continue to be used for funding.