Are you prepared when there are unexpected shortfalls of available produce you have contracted and agreed to ship to your customer? Whether it is a short-term ad commitment or an extended vendor agreement for a routine quantity of produce to be shipped, it is important to know your obligations and, more importantly, how you and your customer will handle any potential shortfall of supply. If you do not plan for such a contingency, you could expose yourself to potential liability for a failure to ship.

Bryan Nickerson

With the Advisory from U.S. Food and Drug Administration and Center for Disease Control announcements on November 20th and November 26th, the Trade Practices Department of Western Growers has fielded many calls from shippers on sales contract implications, rights, responsibilities and payment of fulfilled shipments. It is clear that this outbreak has triggered numerous questions regarding the legal ramifications between seller and buyer.

Bryan Nickerson

When it comes to in-transit temperatures, it’s not always black and white to definitively establish if the shipment was affected by improper in-transit temperature maintenance.

When the transportation record (temperature recorder/Carrier Download) clearly documents temperature abuse for a sustained period of time, the shipper should have no problem enforcing its FOB contract. However, what happens when evidence does not clearly demonstrate the issue of abnormality of transportation service?

Bryan Nickerson

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Produce Insights

Stay up to date with best practices for selling and shipping fresh produce with our insider blog. Produce Insights offers expert guidance on all things related to PACA, product arrival issues, product guarantees, collections on slow pay, disputed contracts and so much more.

Members have relied on information from Western Growers when they’re in a pinch – trusting in our team's vast experience working with the produce industry, the DRC, CDFA, USDA and PACA to save them millions of dollars over the years.

Produce Price Index

Think farmers are making most of the money from your grocery bill? Think again. Use the Produce Price Index (PPI) to find out the difference between how much you spend on fruits and vegetables and how much actually goes back to the farmer.

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