I just got off the phone with the company that was suppossed to buy my Large green lentils. The contract was for OCT?NOV .21 cents picked up. I had 324MT contracted. They picked up 2 loads at the end of Nov, now they are willing to pick up the rest in Jan. They were unsatisfied with the amount of loose seed coat and thought I should be thankful they would take them at all. Now I have had another offer for .25/lb for Jan/Feb delivery with another company and they feel the quality is great. I did not sign the contract in October and they know it, should I back out or stay in it. Will I get blak listed or what???
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screwed on lentils again
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Verbal contracts are always tough so I don't know how to answer your question.
If you decide to go ahead, I would push to get something in writing that commits to a delivery timetable and gives you the right to sell elsewhere if the company does not full fill their end of the deal. I would also push for a grade commitment in terms of they have the right to reject delivery based on grade but you have the right to sell elsewhere without penalty.
Will note the Cash Clearing House developed by the Western Barley Growers Association under the Private Sector Risk Management Program and now suggested in the changes to the CGC will go a long ways to dealing with these issues - delivery and quality terms will be pretty cut and dried as well as applying to both the buyer and seller equally. Realizing the changes that are being proposed to CGC licencing and bonding, this is a program all farmers should be asking about and understanding.
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It's not so much that the price has gone up, but rather that they committed to Oct/Nov delivery period and only took 2 of 9 loads within that time period. I am just sick and tired of always getting put on the bottom of the list for delivery. Maybe I need to become more of a whiny farmer, which sucks because it seems like they get their way, more often than the rest of us who believe that if a company say's something they will honour it!
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M&M Farms,
Did you talk to the folks that you expected to deliver in Oct/Nov?
Flat out tell them to grade them fair, pick them up pronto... or they are GONE and no longer available.
What the response will likely be:?
They SHOULD meet you half way on the price... or at the very least give you a fair "storage premium".
IP Sample sales are a reasonable way to do business... MAKE SURE you have representative samples... if you don't have them... get them from probes of your bins.
It is a two way street.
If there is no written documentation... they very likely have not sold/cntracted the other side of your produce... OR they would have got you to sign a contract. If they didn't sell them... you are free to negotiate without prejudice the rest of your produce... as the time of delivery had expired the end of November.
They will soon tell you if they are presold... they had an obligation to have told you already IF transport or other issues held up an already bound sale.
If they are not licensed and bonded... really watch it... bigger danger signs when folks can't meet obligations!
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dont even think that at unsigned contract is a way out of the contract, we all operate in an industry where our word over the phone is our word.
& any lentil grower knows there is that sort of one month grace period for p/u where you dont really get pissed but after that month its time to start asking for a decent storage fee.
honour your contract but let them know you expect somthing in return.
dont feel you have to be whiny but dont be afraid to ask a lot of questions.. why cant you take them? when can you take them? can i book my trucks for that week? how much storage are you paying?
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My point was that I'd had enough, I've talked to them and talked to them, I know about the unwritten month rule. It's just that after 25 years of selling lentils this game is old. Yah I know I can grow other commodities, but for a lot of years nothing pencilled as well as Green Lentils, However that is changing but for how long??? We also came to an agreement, storage plus a couple extra cents. Thanks for all of your insight.
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When you take samples
do it with a probe affter the truck is loaded.
Not before it goes into an auger. Then you know what you have.
all agree with who ever said talk to a lawyer, but also talk with the company a little comunication never hurts.
These buyers have to realise that when they say something they have to follow through as well
Did you go through a broker/buyer what do they say?
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Check with your lawyer, relative to the contracts? What a crock of bull, framing and producing grain, now comes down to checking with your lawyer. I hate #$%$$## lawyers. If they become involved in framing, yes I'll seek other employ. Framing is getting more profitable each/every day, check with your lawyer, yeah right. I thought all grain companies and r/r were now our friends. They need us we don't need them. Guess that is bull too!
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