PART 6Miscellaneous
Collection of milk13
1
A milk purchase contract must provide that milk supplied under the contract will be collected from the producer by, or on behalf of, the business purchaser.
2
The milk purchase contract must specify when, and how frequently, collections will occur.
Force majeure14
1
A milk purchase contract must contain a provision setting out the effect on the business purchaser and producer of a force majeure event occurring.
2
A milk purchase contract must set out specifically the acts, events or circumstances that constitute a force majeure event.
Notices under a milk purchase contract15
1
A milk purchase contract must provide that any notice given under it must be—
a
in writing;
b
sent by electronic mail or a method of post that requires the recipient to sign on receipt; and
c
where the notice is given by post, properly addressed and pre-paid.
2
The milk purchase contract must provide that where the notice complies with the provision required by paragraph (1), service is deemed to be effected at the time at which the notice would be delivered—
a
where electronic mail is used, in the ordinary course of using the electronic mail service; or
b
where the notice is given by post, in the ordinary course of post.
3
The milk purchase contract must state that the address for service by post for the parties is their ordinary business address unless a party specifies an alternative address.
Variation of terms16
1
A milk purchase contract must provide that the milk purchase contract’s terms may be varied only on agreement in writing between the business purchaser and—
a
the producer; or
b
where the producer is represented by a representative organisation, the representative organisation.
2
Paragraph (1) does not apply to a milk purchase contract made by a business purchaser which has an internal democratic structure when purchasing milk from a producer member.