THIS AGREEMENT, made as of this ___ day of 2017, by and between _____________________, herein referred to as "Producer," and Ozark Farmers Agricultural Cooperative (OFAC) an agricultural cooperative having an office in the state of Missouri, herein referred to as "The Cooperative".
This Agreement supersedes and cancels any prior agreement entered into between the parties thereto.
Product(s) Quantity of plants/acres (full member only)
C. Full membership, a producer becomes a full member that agrees to grow for the co-op and have the co-op market their entire crop grown from annual plants.
D. Associate membership, an associate member is a producer that sells some or all of their product through the co-op, products sold by associate members are, crafts, meat, eggs, baked goods, canned goods, produce, and all other agricultural products.
Producer must have written consent from the board of directors to market a product under the Ozark Farmers Co-op label and insurance if it is for a market other than the primary market of the co-op. All money from products sold under the Ozark Farmers Agricultural Co-op label and insurance must be turned into the treasurer with receipt within 5 days in order to be pulled in with the product of similar kind and grade. Failure to turn in the money collected will result in breach of contract.
E. This entitles Producer to all the benefits of membership in the Cooperative as long as Producer complies with the Articles of Incorporation, policies, standard operating procedures, and the bylaws of the Cooperative and the provisions of this agreement.
In consideration of the mutual covenants and obligations contained herein, the parties agree as follows:
Section 1: Payment to Producer
The Cooperative may at any time pool any or all Product(s) of Producer with any other Product(s) of a similar kind and grade. Producer shall receive, for Product(s) pooled, a unit price equal to the average net unit price obtained for the pooled Product(s). The Cooperative will make every effort to market all of the Producer’s product(s) set forth in this agreement. If the cooperative is unable to market all products under this marketing agreement, the Producer will not be liable or in breach of contract.
The Cooperatives primary market is top quality products at their highest grades. In cases where there are multiple grading criteria’s beyond a pass or fail (such as a grade number 2 tomato), the Cooperative will make every effort to market the lesser graded products for the members.
Produce. The co-op agrees to sell the produce at retail, discount or wholesale depending on the market and quantity of the produce that need to be sold. the proceeds from the sales of produce will be split 70/30. 70% of the proceeds will go to the producer, 30% of the proceeds will go to the co-op.
All other products other than produce. The co-op agrees to sell products from associate members on a consignment basis. The sell price will be established between the producer and the co-op, the proceeds will be split 70/30. 70% of the proceeds will go to the producer, 30% of the proceeds will go to the co-op.
Section 2: Delivery. All Product(s) shall be delivered by Producer at Producer's expense at the earliest reasonable time after harvesting, or at such time as called for by the Cooperative, to the Cooperative’s principal place of business.
Section 3. Inspection and Grading. The Producer is responsible for inspecting, grading and packaging all Product(s) before delivery to the Cooperative’s principal place of business or to one of the Cooperative's authorized distribution/collection locations. The Cooperative may perform a quality control spot inspection or may inspect all products delivered. The Cooperative has final grading authority and can reject any product(s), single or batched together, that do not meet the grading criteria established by the Cooperative.
Section 5: Termination and Renewal. This agreement is for one year from the date of execution. A new Marketing Agreement must be submitted for renewal.
Section 6: No Contrary Agreements. Producer warrants that Producer has not contracted to sell, market, consign, or deliver and will not contract to sell, market, consign, or deliver any Product(s) under this agreement during the term of this agreement to any person, firm, other cooperative or corporation, contrary to this agreement.
Section 7: Forfeiture of Membership. Violation of this agreement in any material respect by Producer shall be grounds for the Board of Directors to terminate Producer's membership in the Cooperative.
Section 8: Articles, Bylaws, Policies, Quality Assurance Requirements, and Standard Operating Procedures. Producer agrees to conform to and observe the Articles of Incorporation, Bylaws, Policies, Quality Assurance requirements, and Standard Operating Procedures of the Cooperative now in force and as they may be amended hereafter.
Section 9: Entire Agreement. It is agreed that the Articles of Incorporation, Bylaws, Policies, Quality Assurance requirements, and Standard Operating Procedures of the Cooperative, now or hereafter in effect, and this marketing agreement constitute the entire agreement between the Cooperative and Producer, and that there are no oral or other conditions, promises, covenants, representations, or inducements in addition to, or at variance with, any terms of this agreement.
Section 10: Governing Law. This agreement shall be governed by the laws of the State of Missouri
Section 11: Severability. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
Signatures. To make the contract official, it must be signed by both parties. If the producer is a business and not a real person, the Cooperative should check to make sure the signee for the business is authorized to enter into such agreements for the business.
Ozark Farmers Agriculture Cooperative
Producer’s Name (Print)
Producer’s signature President’s (or by direction) Signature
Date signed Date signed
Secretary Name (Print)