
- Western Growers
- Hours: 8 am - 5 pm PT, M - F
- Phone: 1-949-863-1000
- Fax: 1-949-863-9028
- Email: info@wga.com
As a shipper what rights and remedies do you have when your load of produce arrives at contract destination and fails to make good delivery guidelines? Under an FOB no grade contract, if your product fails to meet good arrival and transit time and temperature are normal, as the shipper, you have breached the contract. Based on this breach of contract, what are your options?
Lastly, remember that if a buyer receives your product, gets it inspected, and there is a breach of contract, the buyer is not obligated to release the product back to your control. The buyer is allowed to keep the product since he/she bought the product FOB at origin. If he/she keeps the product, proof of damages from the breach of contract is still required.
As always should you have any questions concerning what course of action to take, or calculating provable damages, please contact me at 949-885-2269 or tommyo@wga.com.