When must a trader pay for horticulture produce delivered?
A trader must pay a grower for produce delivered under a horticulture produce agreement within the timeframe specified in that agreement. If the trader does not pay the amount due within the required period, the trader is in breach of the agreement and therefore the Code. As a result, if payment has not been made in the agreed timeframe, under the Code the grower may: • suspend any further deliveries until payment is made, and/or • cancel the agreement. Before suspending deliveries or cancelling the agreement, the grower must give written notice to the trader of the grower’s intention to take that action. This right is in addition to any provisions for termination that are set out in the agreement. To comply with the Code, an agreement must also contain a clause specifying the process for terminating an agreement. It is up to the parties to decide when and in what other circumstances a party can terminate the agreement.
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