Check that a horticulture trader has published its terms of trade

Key facts

Human involvement
YellowClose supervision
How AI is used
From the terms of trade, record whether they say the trader will act as agent, as merchant, or as both; the delivery, quality and rejection requirements; the period for payment; any insurance of produce under the trader's control; and, for an agent, commissions, fees and extra costs and whether bad debts will be pursued and how. Record where the terms are published. Do not decide that the publication is enough, and do not say a penalty amount.
What the lawyer must review
The lawyer decides whether the terms conflict with the Horticulture Code, whether the listed information is there, and whether the way they are published meets the obligation to publish and make them publicly available. The Code does not define that phrase. The ACCC expects more than making the terms available on request or at premises that are not displayed to the public. A public website is described as a good way, not the only way. When the terms change they should be updated and published in the same way. The Code instrument was not opened.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. The listed items are present, and an agent's terms also cover commissions and bad debts.
  2. Publication is more than handing the terms over on request. Do not treat a website as mandatory.
  3. A change should be published in the same way. Do not state a penalty amount.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

The Horticulture Code instrument was not opened. Use only the ACCC page.

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