First don't pay on delivery, next don't take delivery on time

[kamichel]

Some farmers around here now have undelivered sept. yellow pea contracts.
On the contracts it states that if the buyer cannot take delivery in the delivery period then storage payments in the buyers sole discretion pay the seller a monthly storage fee as determined by the buyer.
So before going to the buyer and enlightening them what should we demand?
I don't want to short change us because so far they didn't pay on delivery for the earlier deliveries and have been tacking on extra splits and dockage is double the competition.

[charliep]

Your last paragraph is the one that sends up the biggest warning alert to me. Are they licenced and bonded by CGC? I would also keep within the 90 day window so you maintain this protection.

On the first paragraph, sounds as if everything is pretty much at the buyers discretion. Would take to a lawyer and get clarified/find out farmer alternatives.

[melvill]

kamichael, Charlie's comment about licensing and bonding with the CGC is very important. Check to see if the company is CGC licensed at:

http://www.grainscanada.gc.ca/Regulatory/Licensees/licensees-e.htm

If the company isn't listed there, find out if they are operating under some else's license.

You didn't say where you are located. If the company is CGC licensed, contact your local CGC Assistant Commissioner. They are listed at:

http://www.grainscanada.gc.ca/Whoare/a-commissioners-e.htm

My past experience is that assistant commissioners are very good at "leaning" on licensed companies to get them to clean up their act.

[wedino]

Sample N Seal will cure the tookage problems.

[URL="http://www.samplenseal.com/"][/URL]

[kamichel]

Its a major grain company. CGC bonded no problem. Getting delivery on time has been a problem for years here locally in this one facility. Maybe its a management issue I think. Will be no problem getting paid. I just want to start us farmers here sticking up for ourselves a bit here and get some action.
Purhaps the getting paid on time issue I didn't say properly. It was on product delivered earlier than contract date, they paid a post dated check. Now I just believe we must be paid storage on product not taken on time, but really they don't have to.

[melvill]

Glad to hear "paying on time" related to early delivery. From our posts, you can see that Charlie and I were both worried that the company might not be on solid footing. Storage becomes a pretty small, but legitimate, issue compared to the risk of not getting paid at all.

[charliep]

kamachel

You are likely aware of the cash clearing house project that is being sponsored by western barley growers association and financed by the federal government under the private sector risk management program. The objective of this is to put buyers and sellers on equal footing by having standardized contracts/delivery terms. May not have been a help for early delivered stuff but would represent you in the case of a late delivery.

[wd9]

Wedino, you include open in another window html on your against the rules link and respect the 'window that brought ya' rule of the web.

[wedino]

Huh? Are you saying I shouldn't post hot links?

[charliep]

Below is the link for the clearing house project. The web site is not fully public but got permission from the clearing house project team to post the site. I encourage you to look at it.

www.agclearing.ca

Will ask Joe Dales about setting up hot links. Has been an issue in the past but farms.com has not indicated one way or the other.