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PACA Terms & Conditions
South Florida Produce, LLC is subject to the perishable agricultural commodities act (PACA) trust and all customers who qualify or are subject to paca will be required to comply under paca rules and guidelines.
For more information on the paca trust: https://www.ams.usda.gov/rules-regulations/paca/paca-trust
For more information on the paca trust: https://www.ams.usda.gov/rules-regulations/paca/paca-trust
Paca payment terms included on south florida produce, llc. Invoices
The perishable agricultural commodities listed on this invoice are sold subject to the statutory trust authorized by section 5(c) of the perishable agricultural commodities act, 1930 (7 u.s.c. sec. 499e(c)). The seller of these commodities retains a trust claim over these commodities, all inventories of food or other products derived from these commodities, and any receivables or proceeds from the sale of these commodities until full payment is received.
In the event any action or proceeding is commenced to enforce the terms of any transactions or to enforce the seller’s paca trust rights, the buyer agrees to pay all costs and expenses of enforcement, including reasonable attorneys’ fees, as additional sums owed in connection with the transaction.
Finance charges will accrue on any past-due balance at the rate of 1 ½ % per month (18% per year) from the date each invoice becomes past due, or the maximum rate of interest allowable by law, and will be computed daily and compounded annually.”
In the event any action or proceeding is commenced to enforce the terms of any transactions or to enforce the seller’s paca trust rights, the buyer agrees to pay all costs and expenses of enforcement, including reasonable attorneys’ fees, as additional sums owed in connection with the transaction.
Finance charges will accrue on any past-due balance at the rate of 1 ½ % per month (18% per year) from the date each invoice becomes past due, or the maximum rate of interest allowable by law, and will be computed daily and compounded annually.”
Additional credit information
Customers falling under paca compliance seeking to have greater than net 10 credit terms must have a written letter of credit on file with south florida produce stating the terms and amount of credit prior the ordering of commodities. South florida produce grants additional credit terms on a case-by-case basis.
OTHER TERMS AND CONDITIONS
1. The undersigned Purchaser hereby agrees that all amounts due for goods and services purchased from South Florida Produce, LLC. (“South Florida Produce”) are payable at the address shown on the invoice and statement. In the event of any change in Purchaser name, location, authorized agents, or ownership, South Florida Produce must be notified in writing. Any change may require a new Account and Credit Application. Failure to do so will result in prior owners remaining jointly and severally liable for any new ownership or unauthorized debts.
2. Notwithstanding PACA Trust compliance, the undersigned Purchaser hereby agrees that all amounts due South Florida Produce are payable ten (10) days from the date of statement, unless the invoice or statement provides otherwise. If any amount due South Florida Produce is not paid within said period, a delinquency charge in the amount of 1 1/2% per month, or any higher amount as permi,ed by Florida law, on the unpaid balance, shall be added to the total amount due. Additionally, any a,orneys’ fees and costs, including but not limited to costs and fees of in- house counsel or outside counsel, incurred in connection with efforts to collect any sums due, shall be added to the total amount due. Any a,orneys’ fees and costs shall include costs and a,orneys’ fees pre-litigation, at the trial level, on appeal, or in any bankruptcy or other proceeding. Purchaser agrees and acknowledges that any delay by South Florida Produce in demanding payment or its acceptance of any partial payment shall not be deemed a waiver of any of South Florida Produce’ rights.
Venue for all actions arising out of or relating to this credit application or the transactions contemplated herein shall be exclusively in Collier County, Florida. All transactions and agreements between the parties shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to conflicts of law. Purchaser submits to personal jurisdiction in the State of Florida with respect to any and all ma,ers arising out of or relating to this applica=on and any dealings with South Florida Produce.
3. The undersigned Purchaser agrees, pursuant to Florida Statute, Section 68.065, to pay South Florida Produce the greater of (a) 5% of the face value of the check or other payment instrument which is protested, returned, deemed worthless, or otherwise dishonored due to a lack of funds, lack of credit, lack of an account, or which is stopped; or (b) the service charges specified in Florida Statute, Section 68.065 (2). Additionally, Purchaser agrees to pay the above sum(s) plus three (3) times the amount of the face value of the check or payment instrument along with any court or other costs and reasonable a,orneys’ fees.
4. The undersigned Purchaser agrees to pay in accordance herewith. In the event that a guarantee is executed, then all so executing shall be jointly and severally liable with each other and the Purchaser and relevant words herein shall be read as if referring to both the Purchaser and the Guarantor(s) in the plural.
5. The parties hereby acknowledge that the goods and/or services purchased from South Florida Produce are not payable in installments, but are payable in full as stated herein. Ownership of the goods and services does not transfer to Purchaser until paid in full, unless otherwise stated. At any time prior thereto, South Florida Produce reserves the right to confiscate such goods or cease such services in the event Purchaser fails to meet its payment obligations. Unless otherwise agreed in writing, any products or equipment leased or loaned to Purchaser must be returned within seventy-two (72) hours or Purchaser will be billed for cost of same at the full retail price of said products or equipment. Purchaser acknowledges that the goods and products purchased from South Florida Produce may be subject to the Perishable Agricultural Commodities Act and that South Florida Produce shall be en=tled to all rights associated therewith, including, without limitation, status as a priority creditor in any relevant proceeding.
6. The undersigned Purchaser authorizes you to verify the information on this form, which is being requested by South Florida Produce to establish credit with it. Specific Authorization is given to both the bank and trade references listed to disclose all account information for the specified accounts. South Florida Produce is further authorized to conduct a credit check through Equifax or other credit-reporting agency on the Purchaser, and each individual officer, owners, partner or proprietor iden=fied herein. Each such individual/party agrees to submit a copy of his/her driver’s license or photo ID and any other identifying information requested as identification for this purpose. This form may be transmi,ed to any of the parties noted as proof of authorization. South Florida Produce does not guarantee that Purchaser will be granted any terms of credit.
2. Notwithstanding PACA Trust compliance, the undersigned Purchaser hereby agrees that all amounts due South Florida Produce are payable ten (10) days from the date of statement, unless the invoice or statement provides otherwise. If any amount due South Florida Produce is not paid within said period, a delinquency charge in the amount of 1 1/2% per month, or any higher amount as permi,ed by Florida law, on the unpaid balance, shall be added to the total amount due. Additionally, any a,orneys’ fees and costs, including but not limited to costs and fees of in- house counsel or outside counsel, incurred in connection with efforts to collect any sums due, shall be added to the total amount due. Any a,orneys’ fees and costs shall include costs and a,orneys’ fees pre-litigation, at the trial level, on appeal, or in any bankruptcy or other proceeding. Purchaser agrees and acknowledges that any delay by South Florida Produce in demanding payment or its acceptance of any partial payment shall not be deemed a waiver of any of South Florida Produce’ rights.
Venue for all actions arising out of or relating to this credit application or the transactions contemplated herein shall be exclusively in Collier County, Florida. All transactions and agreements between the parties shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to conflicts of law. Purchaser submits to personal jurisdiction in the State of Florida with respect to any and all ma,ers arising out of or relating to this applica=on and any dealings with South Florida Produce.
3. The undersigned Purchaser agrees, pursuant to Florida Statute, Section 68.065, to pay South Florida Produce the greater of (a) 5% of the face value of the check or other payment instrument which is protested, returned, deemed worthless, or otherwise dishonored due to a lack of funds, lack of credit, lack of an account, or which is stopped; or (b) the service charges specified in Florida Statute, Section 68.065 (2). Additionally, Purchaser agrees to pay the above sum(s) plus three (3) times the amount of the face value of the check or payment instrument along with any court or other costs and reasonable a,orneys’ fees.
4. The undersigned Purchaser agrees to pay in accordance herewith. In the event that a guarantee is executed, then all so executing shall be jointly and severally liable with each other and the Purchaser and relevant words herein shall be read as if referring to both the Purchaser and the Guarantor(s) in the plural.
5. The parties hereby acknowledge that the goods and/or services purchased from South Florida Produce are not payable in installments, but are payable in full as stated herein. Ownership of the goods and services does not transfer to Purchaser until paid in full, unless otherwise stated. At any time prior thereto, South Florida Produce reserves the right to confiscate such goods or cease such services in the event Purchaser fails to meet its payment obligations. Unless otherwise agreed in writing, any products or equipment leased or loaned to Purchaser must be returned within seventy-two (72) hours or Purchaser will be billed for cost of same at the full retail price of said products or equipment. Purchaser acknowledges that the goods and products purchased from South Florida Produce may be subject to the Perishable Agricultural Commodities Act and that South Florida Produce shall be en=tled to all rights associated therewith, including, without limitation, status as a priority creditor in any relevant proceeding.
6. The undersigned Purchaser authorizes you to verify the information on this form, which is being requested by South Florida Produce to establish credit with it. Specific Authorization is given to both the bank and trade references listed to disclose all account information for the specified accounts. South Florida Produce is further authorized to conduct a credit check through Equifax or other credit-reporting agency on the Purchaser, and each individual officer, owners, partner or proprietor iden=fied herein. Each such individual/party agrees to submit a copy of his/her driver’s license or photo ID and any other identifying information requested as identification for this purpose. This form may be transmi,ed to any of the parties noted as proof of authorization. South Florida Produce does not guarantee that Purchaser will be granted any terms of credit.
GranTIng of credit
1. Purchaser agrees to provide supplemental credit information upon request.
2. Unless otherwise agreed in writing, upon closure of account, payment of all outstanding balances is due within seventy-two (72) hours.
3. South Florida Produce may assign any and all of its rights and obligations herein to its affiliates as well as its successors and assigns. Purchaser may not assign any of its rights or obliga=ons hereunder without wri,en consent of South Florida Produce.
4. The terms of this Credit Application supersede and control over any conflicting terms in any other agreements between the Parties
2. Unless otherwise agreed in writing, upon closure of account, payment of all outstanding balances is due within seventy-two (72) hours.
3. South Florida Produce may assign any and all of its rights and obligations herein to its affiliates as well as its successors and assigns. Purchaser may not assign any of its rights or obliga=ons hereunder without wri,en consent of South Florida Produce.
4. The terms of this Credit Application supersede and control over any conflicting terms in any other agreements between the Parties
Force Majeure
South Florida Produce shall not be liable for failure to perform all or part of its obliga=ons, including =mely delivery of products or services by reason of any Act of God, pandemic, epidemic, fire, hurricane, flood, legal enactment, governmental order or regulation, supply interruption, delay, or shortage, labor dispute or shortage, or any other cause beyond its reasonable control.