Terms and Conditions
Terms and Conditions of Purchase:
We buy grain and pulses under the terms and conditions of the AIC
Grain/Pulses no. 1/06 contract or any amendment/update to this contract.
We buy oilseed rape and linseed under the FOSFA 26A and 9A contracts
respectively. The variances to the terms of these contracts relate
to two clauses in the AIC no 1/06.
Clause 6. Quantity
“the Seller shall have the option of delivering 5% or 15 tonnes
(whichever is the lesser quantity) more or less than the contractual
quantity at the contract price”….. is replaced by…
“the buyer shall have the option to accept delivery of 5%
or 15 tonnes (whichever is the lesser quantity) more or less than
the contractual quantity at the contract price”.
Clause 22. Claims
In addition to the clause as stated we insert the following …”Gleadell
Agriculture will inform sellers of claims as soon as possible and
within a maximum of two working days“.
Other issues relating to the purchase of grain are addressed below:
Contract confirmation
Each trade will be confirmed in writing on a computer generated
contract. Buyback contracts will also have buyback terms attached.
When you receive the contract please check that all the details
are correct. If you find any details that you do not agree with,
please contact us immediately.
Communication
If you need to contact us with reference to a particular contract
please quote the relevant Gleadell contract reference number as
this will allow us to answer all queries quickly and efficiently.
Farm Assurance
Unless stated at the time of trade, all contracts unless specifically
shown on the contract, or where you have informed us that you are
not Farm Assured, will be deemed to be Farm Assured. We would be
grateful if you could inform us of your relevant assurance scheme
and scheme number if you have not previously done so.
Farm Sampling/Collections
We fully endorse the relevant Farm Assurance guidelines which state
that all farmers should take representative samples as grain is
put into store. Where possible Gleadell can then supply sample bags
and pick up samples from your identified locations. We will continue
to offer our existing sampling service for farmers who are unable
to provide samples from bulk stores. However, we are unable to sample
grain stored in enclosed confined spaces e.g. bins.
Sampling
Gleadell continues to invest in the latest laboratory equipment
and the most up to date technology. However, our sample results
and services, which are provided free of charge, are a guide to
quality only and not to be seen as contractually binding.
Dusts
Post harvest applications of Diatomaceous earth (silica dust) and
its derivatives are not acceptable and any goods so treated should
not be presented as part of any consignment.
Labelling Requirements on Oilseed Rape
All oilseed rape delivered will adhere to the following statement.
This statement applies to conventional rapeseed of EU and non-EU
origin.
In compliance with the Regulation on genetically modified food and
feed, and the Regulation concerning the traceability and labelling
of genetically modified organisms, we hereby confirm that rapeseeds
delivered to Gleadell Agriculture for harvest year 2005 are not
subject to the labelling requirements specified in the regulations
below* and that the necessary steps are taken to preserve the conventional
integrity of these raw materials.
* Regulation (EC) No. 1829/2003 of the European Parliament and of
the council of 22 September 2003 on genetically modified food and
feed. Regulation (EC) No 1830/2003 of the European Parliament and
of council of 22 September 2003 concerning the traceability and
labelling of genetically modified organisms and the traceability
of food and feed products produced from genetically modified organisms
and amending Directive 2001/18/EC.
The new grain passport agreeing the above statement must be used.
Radiation/Irradiation
Suppliers warrant that wheat has not been subjected to irradiation
or a level of radioactivity in excess of that permitted by a regulatory
body having the force of law in the United Kingdom or European Community.
Food Safety Act
In accepting Gleadell Agriculture’s Terms and Conditions of
trade growers acknowledge and recognise their obligations relating
to the provisions of the Food Safety Act 1990 and also confirm that
each delivery conforms to such obligations, including amendments
at the time of delivery.
Mycotoxins
We are keen to ensure that you are aware of your responsibilities
under all current legislation relating to mycotoxins and that you
have taken all reasonable steps to ensure that grain does not exceed
the maximum levels currently in force. We have attached a fact sheet
on mycotoxins to this letter in order to fully inform you with regard
to mycotoxins whilst acknowledging that the UK, according to historical
data, is a low risk producer. You should be aware of the end market
to which grain will be ultimately sold to, when entering into a
contract and that the end receivers buying terms apply to all deliveries.
With effect from 01.07.06 all deliveries of grain for human consumption
must meet the EU maximum permissible levels of fusarium mycotoxins
(e.g. DON) as laid down in commission regulation no. 856/2005, or
any amendment thereof. Please contact us if you require further
details. Full details are also available on our website. www.gleadell.co.uk.
Grain bought for specific purposes e.g. bread, pastries, biscuits,
cereal snacks, breakfast cereals must be within the maximum levels
of DON as laid down for that purpose.
Ergot
Nil or end receivers tolerance terms.
Human Waste/Sludge
Crops should not be grown on land that has had any form of human
waste and or sludge applied as this severely restricts the number
of outlets for such grain. If crops are being grown on land that
has had any form of human waste and/or sludge applied this must
be notified to the company prior to entering into any contract.
Buyback contracts
All grain grown on buyback contracts for Gleadell Agriculture is
to be marketed through Gleadell Agriculture even if the produce
does not meet the minimum specification of the buyback contract.
Moisture
Any changes to MAGB/NABIM/AIC moisture terms/allowances to be incorporated
as at time of delivery.
Haulage
Any farmer delivering on our behalf to a Consumer or off-farm store
must be verified under the AIC Code of Practice for Road Haulage
and adhere to all haulage regulations, protocols and codes of practice
in force at the time of delivery. We make every effort to avoid
capacity load charges. However all such charges, except where specified
on the contract, will be passed on as or when received from hauliers.
Loading times: We will pass on to farmers any reasonable costs incurred
by hauliers due to excessive loading times.
Over weight lorries
Please be aware of your legal responsibilities if sending over weight
lorries off your farm. Some end users may well charge for tipping
off excess weight and you may only get paid for the legally allowed
tonnage.
Malting Barley
Barley bought for malting, unless otherwise stated, is purchased
on a maximum nitrogen content. The 0.05% nitrogen tolerance does
not apply.
Broken/skinned grains/stones - We would like to remind you that
barley containing excessive broken/skinned grains/stones are liable
to claim or rejection.
Only agrochemicals accepted by the Brewers and Licensed Retailers
Association (BLRA) for use on barley may be used in the production
of malting barley. Please also note that some buyers will not accept
barley treated with the chemical Satisfar (Etrimphos).
Buyback allowance/premium notification - These will be notified
by letter as soon as analysis is received from the end user.
Moisture allowances - All maltsters allowances are based on the
end consumer purchase price.
Malting barley delivered to a port will be subject to shipping terms/allowances.
Malting barley which is above the contracted moisture level and
is delivered to a merchant store may be subject to drying charges.
Bread making wheat
Screenings and admixture
A consignment of wheat must not contain more than 2% admixture and
screenings, with a combined weight of not more than 2%. Screenings
are represented by the non-wheat tails of a 3.5mm and throughs of
a 2mm sieve.
Admixture represents other miscellaneous plant impurities to be
found in the remainder of the sample tested.
Each consignment must be completely free from ergot, mouldy, tainted
or discoloured grains
• Gluten must be present and have elasticity, extensibility
and be of satisfactory colour and quality to the Buyers.
• Sign of infestation, dead or alive in any consignment will
result in rejection.
If you would like to receive a copy of the AIC or FOSFA contracts
please let us know and we will be pleased to send them to you.
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