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

As every company knows (or should know), establishing a weekly/daily routine to review your accounts receivables, defines best in class sales operations. Those companies that have a coordinated approach from both sales and accounting staff to encourage adherence to payments terms, routinely have a reduced bad debt experience and increased cash flow. Hoping that your invoices will get paid is a flawed and antiquated business approach. When it comes to A/R, the longer you wait to collect, the more difficult it may become to collect. A payment is delinquent as soon as the due date has passed.

Ken Gilliland


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.

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