PACA and Transportation Claims Part 3: Salvage Returns

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PACA has, over many decades, helped shape the guidelines, customary practices, and rules that govern produce transactions between vendors.

Produce Pointers: Timely inspections

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The Problem: Inspection of blueberries taken four days after arrival. What now?

Interpreting Inspection Certificates (as it relates to damages)

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Proving a breach of the contract of carriage is only half the battle. 

PACA’s application to carrier claims

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The scope of the PACA is limited. The Act does not give the USDA jurisdiction over transportation firms. But it can still help in these disputes.

Trading Tip: Assessing Transit Temperatures

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What constitutes a “slight deviation” will vary, but Blue Book’s Transportation Guidelines provide a rule of thumb.

Set-offs and good faith

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Can I withhold payment on an unrelated invoice to recoup losses on a shipment?

Trading Tip: Assessing Damages

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Following a breach of contract the injured party is entitled to be made whole. 

Recourse after a buyer bows out

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You should see in this case that for delivered sales, untimely delivery may be grounds for rejection.

Trading Tip – Damages & Amount Due

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The produce industry has its fair share of terms with more than one meaning. 

Negotiating a rejection

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What if the seller, after receiving notice, wants to take the product back and the buyer wants to accommodate the seller’s request?