Common use of Picking Clause in Contracts

Picking. The picking system is to be controlled by Xxxxxxxxx’s Pack and Cool Ltd. Fruit is to be harvested after a clearance to pick is given by Xxxxxxxxx’s Pack and Cool Ltd. Xxxxxxxxx’s Pack and Cool Ltd will schedule the time of picking by mutual agreement with the grower. Packing of your kiwifruit will be at Xxxxxxxxx’s Pack and Cool Ltd’s absolute discretion. Timing may change due to weather or other factors. Xxxxxxxxx’s Pack and Cool Ltd is not liable in the event your kiwifruit is damaged as a result of hail, frost, wind, disease or any other event prior to picking or packing. Where Xxxxxxxxx’s arranges the picking contractor, the cost of picking is the grower’s responsibility and will be invoiced by Xxxxxxxxx’s to the grower (see chart 1). A gate fee may be invoiced to the grower depending on orchard location, size of maturity area picked and the need to return to complete the harvest. To move machinery within the area from Matapihi to Otamarakau, the recommended fee is $150.00. Outside this area a gate fee may need to be negotiated with the harvest contractor.

Picking. The picking system is to be controlled by Xxxxxxxxx’s Pack and Cool Ltd. Fruit is to be harvested after a clearance to pick is given by Xxxxxxxxx’s Pack and Cool Ltd. Xxxxxxxxx’s Pack and Cool Ltd will schedule the time of picking by mutual agreement with the grower. Packing of your kiwifruit will be at Xxxxxxxxx’s Pack and Cool Ltd’s Ltd‘s absolute discretion. Timing may change due to weather or other factors. Xxxxxxxxx’s Pack and Cool Ltd is not liable in the event your kiwifruit is damaged as a result of hail, frost, wind, disease or any other event prior to picking or packing. Where Xxxxxxxxx’s arranges the picking contractor, the cost of picking is the grower’s responsibility and will be invoiced by Xxxxxxxxx’s to the grower (see chart 1). A gate fee may be invoiced to the grower depending on orchard location, size of maturity area picked and the need to return to complete the harvest. To move machinery within the area from Matapihi to Otamarakau, the recommended fee is $150.00. Outside this area a gate fee may need to be negotiated with the harvest contractor. Because of the additional hygiene requirements presented by Psa, harvest contractors may charge a recommended hygiene fee of $25.00 per unit (tractor and bin trailer).