Talley’s (“the Processor”) Standard Terms and Conditions of Mussel Purchases from Growers -

1. All mussel purchases by the Processor are subject to the Terms and Conditions below.
2. The Grower must be appropriately authorised to grow mussels and hold mussel lines at the Marine Farms from which mussels are supplied to the Processor.
3. The Grower confirms they are experienced in growing and supplying mussels of a marketable quality. The Processor processes mussels for supply to various markets.
4. The Processor agrees to pay the Grower the Processor’s current market price for the time being in force. The purchase price for mussels may be reviewed by the Processor by giving notice to the Grower. In reviewing the price under this clause, the Processor shall take into account current market conditions as they affect price but the price paid by the Processor shall not be less than that paid to other suppliers supplying on similar terms and conditions. Unless otherwise stated; the price does not include any applicable taxes, duties, freight and insurance.
5. Payment shall be made by the Processor within 15 working days of delivery to the Processors factory.
6. The Grower shall allow the Processor, or its agent (which may be the Grower) after consultation with the Grower and where practical to arrange for the harvest of mussels on the authorised sites and to arrange delivery of the mussels to the factory nominated by the Processor, subject however to the Processor (or his agent) being satisfied that the mussels are suitable for harvesting and processing at the relevant time.
7. The cost of harvesting and delivering the mussels to a wharf (together with any inspection fees, or other costs incurred on harvest (such as industry levies) nominated by the Processor shall be borne by the Grower and where harvesting and delivery has been undertaken by the Processor will be deducted from the purchase price for the mussels paid by the Processor to the Grower, provided always that such charges shall be reasonable and based on average mussel industry harvesting and delivery charges prevailing at the time
8. The Processor shall not be obliged to take the mussels from the Grower until the Processor is satisfied that the mussels are of a suitable quality, size, and condition for harvesting and processing.
9. All mussels supplied shall be of merchantable quality and of suitable size specification, quality and condition for processing and shall comply with any standards imposed for the time being by any Health or Food Authority and by the Ministry of Primary Industries as the case may be and shall comply with any standards imposed by any Act, regulation, notice, obligation or otherwise howsoever imposed in relation to the supply of mussels and the Processor shall not be obliged to take any mussels that do not comply with the provisions of this clause.
10. If by direction, order or requirement (for any reason whatsoever) of the Ministry of Primary Industries, Department of Health or any other body, officer or agency lawfully exercising its authority, the mussels supplied by the Grower to the Processor for processing (whether at the particular time the crop is in an unprocessed or processed state) are held, recalled, removed to storage, tested, analysed and/or condemned, and such arises or is caused by events that occurred prior to, or the condition of the mussel prior to, delivery of the mussels to the Processor, then the Processor shall be under no obligation to pay the Grower for the said mussels, and if it has paid the Grower for the mussels it shall be entitled to recover any such sums from the Grower.
11. These Terms and Conditions and all obligations hereunder are personal to the original parties to the transaction and the rights and obligations of each party under these Terms and Conditions are not assignable to any other party.
12. If any dispute or difference shall arise between any of the parties hereto in any way arising out of or in connection with these Terms and Conditions, such dispute or difference shall be referred to the arbitration of a single arbitrator, if the parties can agree upon one or otherwise of two arbitrators, one to be appointed by each party to the dispute, or an umpire to be appointed by the two arbitrators prior to entering into consideration of the matter, and any such reference shall be a submission to arbitration within the meaning of the Arbitration Act 1996 and its rules.
13. Communication between the parties may be conducted by letter or electronic transmission. Subject to proof to the contrary, communications sent by electronic transmission shall be deemed to have been received by the other party on the next business day after sending provided that the sending party can produce a transmission report showing successful transmission without error. Execution of a facsimile or electronic copy of a document and transmission from one party by electronic transmission to the other or their representative is intended to bind the first party and will constitute a binding offer and or acceptance.
14. The Processor may review and amend these standard terms from time to time. Any change shall be notified to the Grower and take effect, subject to any agreement to the contrary, in respect of all purchases post notification. Notification of amended terms maybe by display of the amended terms on the Processors website and in such case shall take effect 30 days after first being displayed on the Processor’s website.
15. The Grower acknowledges that any reference to Terms and Conditions of trade other than these Terms and Conditions (e.g. reference on a Grower's order to its own terms of trade) shall not be binding on the Processor.

2024