Produce Pointers: Timely inspections

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

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?

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.

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?

Revisiting the basics: A Rejection

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A buyer rejecting a shipment of produce to a seller should ensure the rejection is both procedurally effective and substantively rightful.

Revisiting the basics: Accept or reject

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When a produce buyer is tendered a shipment of produce that allegedly fails to comply with the sales agreement, the buyer must decide whether to accept or reject the shipment to the seller.

Transit Temps – Reconciling Recorders

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What happens when temperature recorders in the same truck show different readings? Don't assume one is wrong.

Rejections and freight: Who pays?

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Who pays the freight bill following a rejection to an f.o.b. seller?