Factores de Riesgo en el Diseño Centrado en el Usuario

-138-

Appendix 2C

AGREENENT BETWEEN THE HANAWATU CO-OPERATIVE MILK

PRODUCERS COl1PANY LIJ1I'rED AND SUPPLIER

1 . THIS Agreement shall commence on the First day of September,

1955,

and continue in fo rce until the Thirty-first day of Augus t ,

1956

and in the case of the suppli e r continuing to supply after the last mentioned date then during the per iod of such actual supoly and until the substitution of a netvly executed agreement by the supnlier in lieu thereof.

2 .

Tl-iE Supplier agrees to supoly and ( upon and sub j ect to the condit.i_ons stipulations and agreements hereinafter contained) to sell_ to the Company and the Company ( upon and subject to such c onditions s tipulation s and agreem.ents ) agrees to purchase during the c ontinuance of thi s Agree-

ment • • • • • • • • • • • • • • • • • • • • • gallons of milk pe r day.

3 . S UB JECT to compliance obs ervance c:md performance by the Supplier •·ri th and of his duties and obligations hereunder the Company 1vill pay by 1-lay o f advance ;Jayment s to the Supplier for the milk sup:_:Jlied by him to the Company in ac cordance with the provi sions o f Clause

2

hereof and during the continuan � e of this Agreement amounts c alculated as follotvs:

( a ) For milk s uoolied during the months Septenber to January

both inclusive

2 2

penc e per gallon.

( b ) For milk s upplied during the months of February to April both inclusive

27i

pence per gallon.

( c ) For milk s upPlied during the months May to August both inclusive 33 pence per galJon.

provided always that the se prices shall in all respects be subject to the provi sions of any statute or regulation made in �ursuance of any statutory provi sion from time to time affecting the s ame.

4 . ALL milk shall b e placed by the Supolier at the road gate of his farm in cans Hell c overd and thoroughly washed and cJ.eansed 1vhere the same shall be collected by an independent contractor for transportation to the respective depots And it is hereby declared and agreed that the

Supnlier shall bear any loss of milk contained in unhygienic or defect­

ive . cans .

s .

THE Supplier doth hereby warrant and state within the meaning of Sec tion

8

of :l'he Foo d and Drugs Act,

1947 ,

that

all

milk supplied

by the Supplier to the Company

in

the terms of this Agreement shall conform in all respects

to

the standard prescribed by the Food and Drugs Act,

i94 7., ·and/

or any Regulation thereunder or under any other Act or Regulations passed in amendment or in substitution therefor

-139-

Appendix 2C ( continued)

and for the time being in force AND if any such milk so supplied shall ei ther before or after �)eing coJJ.ected as aforesaid be found not to be of the standard so prescribed then it shall be and be deemed to· be rejected by the Company and may be disp�sed of by the Company as the Company shall think fit and

in

every such case the Company shall be deemed to act as agent for the Supplier.

6.

THE Sup:1lier shall i n all respects _{comply vJi} th the provl sions o f the

Dairy Industry Act, 1908, and all other Acts, Regulations or Orders lawfully made or to be made during the term of thi s Agreement ( and having rel ation thereto ) ; and with all requi sitions made in pursuance of any such Acts , Regulations or Orders by any Officer or Ins9ector having lawful authority

_in

the administration thereof.

7 .

THE Company shall b e a t liberty subj ect to mutual arrangement at any

time by its Manager, servants or agents, to visit and inspect the

milking sheds , cows , dairies , and utensils of the Supplier .

8.

SHOULD the dupplier fail at any time to supply the quantity of milk

set out in Clause 2 hereof to the Company the Supplier shall pay to

the Company the sum of three-pence per gall.on for each galJon short s up·�lied up to and including 20% o f the gal J onaqe mentioned in Clause

2 hereof and four-pence per galJ on for every gallon short supplied

over 2(1/, of the gallonage mentioned in Clause 2 hereof. For the

purpose of arriving at the payments hereinbefore mentioned in this

Clause all calculations shaU be on a monthly basis. Such amounts

shall be payable by the Supplier to t he Company as liquidated damages and not by r1ay of penalty, and may be deducted by the Company from any moneys from time to time payable by the Company to the Supplier and whether for the supply of milk or otherwise howsoever. Should

the ;:;upplie r cease to supply milk to the Company durin�' the term of this Agreement the Supplier shall not be entitled to receive from the Company payment for supply of milk under this Agreement at rates greater than tho se payable for butterfat and notwithstanding an

_yt

hing to the

contrary contained in this Agreement.

9 .

THE

�upplier shall place at hi s road gate all the milk from each milking for the next collection thereafter so that the contractor

may collect s�.

10. IF

the Supplier shall not have placed the milk at his gate on the day at the time nominated the fontractor shall be under no obligation to collect such milk and the Supplier shall be liable to pay to the Company damages in respect of such default as set out in Clause

8

hereof PROVIDED that in any case where such default is due to any unforeseen or unavoidable circumstances the Company shall receive

-140-

Appendix 2C

(

continued

)

app

rop

ri

at

e depo t not

later than the time at

whic

h

i t 1-mul d have a

r

ri

ve

d

if it

had been

collected

by the contrac tor.

11 .

FOR

t

he

purposes o f all cal c ul e tions

under

thi s Ag

r

e ement 11 Gallon11

in relation to

rrd.l

k

, means a quan

t

i

t

y of rrd.lk '\veighing ten and on

e

t

hird pounds a

v

o

i

rdup

o

i

s.

1 2 . ThE C

o

mnan

y shall

k

e

e

p full

records as to gallonage

of

milk supplied by

and

payme

n

ts due to t he Supplier hereunder and shalJ. make such rec o rds avail able

to

the Supplier as requi ':ed from time to time.

13.

ALL moneys due

to

the Supnlier for milk supulied hereunder shall

be

payable by the Company at i t s office

on

the 20th da

y of each

month

In document 13067 pdf (página 55-58)