This Olive Oil Milling Services Agreement (the “Agreement) is made and entered into (includes all custom milling appointments) by and between Trattore Farms and Undersigned ("Customer").
The parties agree as follows:
1. Services
Subject to the terms of this Agreement, Trattore Farms shall use its labor and equipment to mill the Customer’s Olives (the “Olives”) and extract the oil there from (the “Services”). The Services shall be performed after the Customer has delivered the Olives to Trattore Farms' facility and Trattore Farms personnel has had an opportunity to inspect the Olives.
a. Delivery Procedures. Customer shall deliver olives to Trattore Farms' Olive Center, between 7:00am and 9:00am. A formal reservation request form must have been submitted prior to delivery of your olives. That form replaces the need for a signed copy of the Agreement, and must be received by Trattore Farms prior to or at the time of delivery of the Olives. Services will not take place until either an electronic reservation form or a signed copy of the Agreement is received. A delivery receipt shall be completed, signed by authorized representatives of Trattore Farms and Customer. A signed weigh tag with all associated weight information will either be presented upon delivery, or given to the Customer upon pickup of their oil.
Trattore Farms shall establish the schedule by which custom crushing takes place. Customer shall not deliver Olives to Trattore Farms for milling except on the date and time that has been previously agreed upon by the parties. Trattore Farms will begin processing Customer’s Olives within 24 hours of their delivery and acceptance. Trattore Farms makes no representation and gives no guarantee as to the quality of the oil or the number of gallons of oil to be obtained from each ton of fruit.
b. Customer agrees to pay Trattore Farms for the Services at the rate stated in Exhibit A (see page 3). An Olive pressing invoice will be issued upon completion of the Services or at the time of oil removal with all charges detailed. An email is required on the Contract for all Invoice communication.
c. Payment is due in full at the time of the Oil removal by the Customer, by check or credit card. Credit card fee of 2.9% will be added to any payments made via CC or Debit.
d. Macro-bins or other containers, which are not picked up (or scheduled to be picked up) within 30 days will be considered abandoned property.
2. Right of Refusal and Olive Fly:
Trattore Famrs shall have the right to refuse to mill any Olives whose condition it deems, in its sole discretion, to be unsatisfactory due to the following defects:
- Fruit that presents any type of fermentation or defect
- Fruit harvested from the ground
- Fruit infested with the larvae of the Olive Fruit Fly (no more than 10%)
- Fruit with excessive debris (i.e. branches, leaves, stems)
- Trattore Farms does not accept any responsibility for the quality of olive oil produced if the customer provides and insists on using a used/dirty or inappropriate storage container.
3. Removal: Customer shall pick up their Olive Oil and Olive Bins within 7 days after completion of the Services, (M-F between 8:00am and 3:00pm. Please call in advance.) unless otherwise agreed upon in advance and in writing. Trattore Farms is under no obligation to store the oil. If the Customer does not remove the oil and bins, Customer shall pay Trattore Farms a storage cost of ($50.00) per week (Exhibit A) until the Oil and Bins are removed. Trattore Farms will provide Oil containers and charge Customer for those containers unless suitable, labeled containers are provided by the Customer at the time of Services. Trattore Farms will choose the appropriate type and size of container depending on availability and gallons produced, unless Customer requests a certain container before pressing. (see schedule of the size and costs of the containers attached to this contract in Exhibit A).
Note: If Customer contracts with Trattore Farms for botting/labeling services, storage fees are waived until January 31, 2024.
4. Pomace Waste Removal: A waste by-product of the Services is Olive Pomace. Removal of the Pomace by Trattore Farms is included in the price of Milling.
5. Cancellation/Rescheduling: We understand that weather might prevent Customers from harvesting during rainstorms. In that case, we expect our Customers to communicate any and all delays in the times and dates established to deliver Olives. We will try to accommodate you on a mutually agreed upon rescheduled date. Customer shall pay Trattore Farms $250 if they cancel the Milling Agreement without rescheduling less than 48 hours before their original appointment.
6. Risk of Loss: The parties agree that at all times the Customer shall bear the risk of any loss to the Olives or to any Oil that is extracted there from that is not the result of negligence on the part of Trattore Farms. This clause applies to unexpected mechanical or electrical failures on the mill.
7. Modifications: Any modification of this Agreement will be effective only if it is in writing and signed by both parties.
8. Entire Agreement: Each Delivery Receipt and Olive pressing Invoice now or hereafter executed by the parties shall form part of this Agreement (whether or not physically attached hereto). Accordingly, the parties have executed this Agreement as of the date first set forth above.