Agreement · Agribusiness & Rural Law

Horticulture produce agreement (grower and trader)

Horticulture produce agreement between a grower and a trader (agent or merchant) that covers every matter the Horticulture Code of Conduct requires, including rejection, payment periods, reporting and dispute contacts.

Kind
Agreement. A contract between two or more parties.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 7 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use for trade in fresh fruit, vegetables, nuts, herbs and other edible plants between a grower and an agent or merchant. Do not use where the buyer purchases for its own retail sale or for export, as those buyers are not merchants under the Code.

How AI may be used

AI may check a draft against the Code's mandatory content using the ACCC guidance, but whether the trader acts as agent or merchant, and whether the Code applies at all, are legal characterisations for the lawyer.

AI may

  • Check a draft HPA or terms of trade against a checklist of cll 16 to 18 matters and list anything missing.
  • Populate the schedules from the parties' price, quality and delivery instructions.
  • Summarise the grower's rights on late payment or rejection in plain English.

AI must not

  • Must not decide whether the trader is an agent or a merchant, or whether the buyer is exempt from the Code.
  • Must not set price formulas, commissions or rejection criteria.
  • Must not remove the good-faith clause or limit it.

The lawyer checks

  • The trader's role (agent or merchant) is correct and only one role is used under this agreement (cl 14).
  • Every cl 16 matter, and the cl 17 or cl 18 matters, is specified.
  • The agreement is consistent with the trader's published terms of trade.
  • Payment, reporting and statement periods are realistic and stated.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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