Minimum price paid and payment date will be per Willamette Hazelnut Inc. Company's published policy.
Willamette Hazelnut, Inc. (hereafter referred to as Buyer) agrees to buy from Grower and Grower agrees to sell to Buyer the Hazelnut crop (from the described above properties) for the duration hereof. Payment will be made in accordance to the most recent version of the Hazelnut Growers Bargaining Association and Member-Growers' Contract with Buyer.
Grower assumes all risks of loss, damage, or deterioration of any Hazelnuts occurring prior to final acceptance thereof by Buyer. Grower warrants that Grower is the sole owner of the above described hazelnut crop free of encumbrances; that Grower has not previously contracted to sell or deliver any of said hazelnuts to any other person, that Grower shall not during the durations of this contract either encumber or contract for delivery to any other person the production above described; and that Grower shall deliver said Hazelnuts to Buyer free of all encumbrances.
Grower warrants and represents that chemicals and fertilizer applied to acreage contracted herein, have been registered for use on Hazelnuts, and that Good Agricultural Practices (GAP) will be followed in all phases of production and harvesting of Hazelnuts delivered to Buyer. Buyer will refuse to accept delivery of any Lot known to have been treated with chemicals or fertilizer not registered for use on hazelnuts or otherwise not produced and harvested in accordance with GAP.
If Grower elects not to participate in Buyer's Cash Advance Program, it is agreed that in the event Grower is unable to deliver said Hazelnuts to Buyer, on account of destruction by floods, weather conditions, or any unavoidable casualties, or in the event that Buyer shall be unable to process, handle, or ship said Hazelnuts on account of quarantine or other governmental restrictions, railroad or labor strikes, fire or other unavoidable casualties, or inability to get supplies on account of such restrictions, strikes, fires, or unavoidable casualties, then this contract shall be null and void upon written notice by either party to the other party or such inability to perform and the reason therefore.
This agreement is intended to be an evergreen agreement and shall automatically renew and continue year to year. Either Buyer or Grower may elect to cancel this agreement by giving written notice to the other by electronic mail or certified mail, with a copy by regular mail, between the first and last day of February.
Buyer: Willamette Hazelnut Inc.
Cash Advance Program
Willamette Hazelnut, Inc. (Buyer) conducts a voluntary Cash Advance Program for its grower suppliers. If Grower commits to deliver bearing acres (defined as fourth leaf trees or older), Buyer will advance $300 per acre to Grower upon the execution of this Agreement, up to a maximum advance of $100,000.
Grower understands and agrees that upon delivery of the hazelnut crop to Buyer, the total amount advanced by Buyer to Grower will be deducted from the first payment to Grower. If Grower fails to deliver their hazelnut crop to Buyer on or before October 31st, such non-delivery shall constitute a breach of contract. Buyer will make reasonable efforts to resolve the matter informally before pursuing legal action. In the event legal proceedings are required to enforce this agreement or remedy a breach, the prevailing party shall be entitled to recover reasonable attorney's fees and associated costs.
Orchard Split Information
By completing this section, I understand that my orchards recorded below will be split with a third-party based on the percentage I assign. The third-party indicated will be paid directly by Willamette Hazelnut Inc. in accordance with the Company's published policy.
