Need help with contract.

[goalieguy847]

Alright all you fellow agrivillers.
Anyone had issue with grain contracts recently?
Had some grain go in.. have all grades on delivery tickets. Company called me back after 3 weeks ( due to final germ check) and told me grain had gone WILDLY out of spec despite not shutting me down hauling ( which i would have been had 1 load been so far out of spec)
Will be a 30 k hit to me.
Anyone know or have used any grain contract lawyers or have direct experience with this? Situation is Very straight forward and im not in the wrong.

[Herc]

what commodity?

[BreadWinner]

Welcome to the malt barley game, I am always hesitant to sign those contracts unless you know your barley is bulletproof. All the contracts are the same if it doesn’t make spec you get discounts or feed price.

[justme18]

Malt barley, the commodity thats just feed barley until the chq says it malt. I would get them to re submit samples using your probed sample that they should have kept. YOu should be present when they cut the bags as you or whoever hauled it for you would have signed it or initialled it. Could even go as far as getting a third party to check it out as well. In my past life as a buyer malt only really ever worked out right off the combine, after that things can go sketchy. One guy said it best, " at the end of the day, your mad and we are sorry!"

[Blaithin]

I have no advice regarding the contract but for future I would say make sure the company is doing their due diligence.

Worked for one who had a malt protocol to send in a sample to check for germ at original bin sample, every 3ish months, again prior to intake, then a comp sample at intake. So multiple levels to check for issues and germ.

Ended up loading cars and when they got to the coast the variety purity came back awful. Tried to hunt down the farmer for it.

Well what’s the point of laying hands on it half a dozen times if not once do they check variety and purity?!

I think at times the farmers are so “Hurry I can haul now.” And the companies are so “Hurry we need it now.” that checks get pushed back and shit like this happens. Make everyone slow down and do the germ checks, they don’t take that long.

A 3 week window makes it seem more like their buyer doesn’t like the specs they got now that the grain is on their end, so definitely send in any samples you have for a comparison check. If they mixed your malt in with someone else’s then you don’t need to take the hit because they mixed it together and caused issues with the entire sale.

[Guest]

when it happened to us years ago , i said , no problem i will come and bring it back to farm. nope , its gone in the malt train
that was the last time they got to *** me

[13stripe]

Could you request "subject to grade" through the Canadian Grain Commission?

[fjlip]

6/10" rain and $1.50/bu poof gone. X 90/acre=$135/ acre.

Wheat still made #1, Canola got BETTER after same rain...

[TASFarms]

They should know in less than a week. 2day germ test.

[jamesb]

Alright all you fellow agrivillers.
Anyone had issue with grain contracts recently?
Had some grain go in.. have all grades on delivery tickets. Company called me back after 3 weeks ( due to final germ check) and told me grain had gone WILDLY out of spec despite not shutting me down hauling ( which i would have been had 1 load been so far out of spec)
Will be a 30 k hit to me.
Anyone know or have used any grain contract lawyers or have direct experience with this? Situation is Very straight forward and im not in the wrong.

What is the issue?
There should be a representative sample they have that can go to another lab for a recheck. Even send one
yourself to see if what they are saying has any merit.

[wmoebis]

Could you request "subject to grade" through the Canadian Grain Commission?

CGC does not do Subject to on Malt contracts. They used to grade malt when there was 3 grades of Malt gut not anymore.

[wmoebis]

Where was the sample taken? After it was in elevator or even in the bin mixed with others grain? I have seen that the sample was taken as car was loaded out of elevator and there was other farmers BLY in the same bin. No Identity preserved like it used to be in the old elevators where your BLY was binned separate until accepted or rejected.

[Guest]

What is the issue?
There should be a representative sample they have that can go to another lab for a recheck. Even send one
yourself to see if what they are saying has any merit.

the other issue is you have to take whatever price they decide to give you for feed and it sure won't be a high one

[Guest]

Where was the sample taken? After it was in elevator or even in the bin mixed with others grain? I have seen that the sample was taken as car was loaded out of elevator and there was other farmers BLY in the same bin. No Identity preserved like it used to be in the old elevators where your BLY was binned separate until accepted or rejected.

i bet anything its gone in the malt train?

[wmoebis]

i bet anything its gone in the malt train?

Not sure why farmers let elevator companies get away with doing away with ID Preserved. It was amazing how much barley was bought from farmers from Elevators as Standard Select but sold to malt house as Select or even Special Select. Where do the provincial Barley Commissions sit on this issue it has always been a big issue that keeps coming up?