S.I. No. 470/1941 - Dublin Joint District (Form of Contract) Regulations, 1941.

STATUTORY RULES AND ORDERS. 1941. No. 470.

DUBLIN JOINT DISTRICT (FORM OF CONTRACT) REGULATIONS, 1941.

WHEREAS it is enacted by sub-section (4) of section 47 of the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), that every contract for the sale of milk made between a registered producer in respect of a joint district and a registered retailer or registered wholesaler in respect of such district shall, in the circumstances mentioned in the said sub-section, be in the prescribed form (if any) :

AND WHEREAS it is enacted by section 4 of the said Act that the Minister may by order make regulations in relation to any matter or thing referred to in that Act as prescribed :

AND WHEREAS the Dublin Joint District is a joint district within the meaning of the said Act :

NOW, I, SÉAMAS Ó RIAIN, Minister for Agriculture, in exercise of the power conferred on me by the joint operation of section 4 and sub-section (4) of section 47 of the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), and of every and any other power me in this behalf enabling, do by this order make the following regulations :—

1. These Regulations may be cited as the Dublin Joint District (Form of Contract) Regulations, 1941.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. Every contract for the sale of milk made after the making of these Regulations between a registered producer in respect of the Dublin Joint District and a registered retailer or a registered wholesaler in respect of that District shall, where such contract is a contract to which section 47 of the Milk (Regulation of Supply and Price) Act, 1936 (No. 43 of 1936), applies, be in the form set forth in the Schedule hereto.

SCHEDULE.

MILK (REGULATION OF SUPPLY AND PRICE) ACTS, 1936 AND 1941.

DUBLIN DISTRICT MILK BOARD.

Form of Contract to be made under section 47 of the Principal Act as amended by section 27 of the Milk (Regulation of Supply and Price) (Amendment) Act, 1941 , for the sale of Milk by Registered Producers to Registered Retailers and Wholesalers.

Note.—Upon execution, the original and the counterpart and a copy of the Contract shall be sent by the Purchaser to the Chairman of the Board. All blank spaces should be properly filled up and all words not applicable struck out.

Contract made the................day of............................................................ 194.........,, between the Registered Producer(a )Mr./Mrs./Miss ............................................................ ....................................

of............................................................ ............................................................ .....having registered premises at............................................................ .........................(hereinafter called the Vendor) and the registered(b)Wholesaler/Retailer, Mr./Mrs./Miss............................................................ ........................................

of............................................................ ............................................................ ...........having registered premises at............................................................ .........................(hereinafter called the Purchaser) WHEREBY the Vendor agrees to sell to the Purchaser, and the Purchaser agrees to buy from the Vendor from the 1st day of October, 19........, to the 30th day of September, 19........, inclusive a daily delivery of pure whole milk, sweet, clean and marketable with all its cream, complying with all statutory requirements for the time being in force (and produced on the registered premises of the Vendor) to the quantity of:

(a) Delete words not applicable.

(b) Delete words not applicable.

(c) Insert number of gallons to be sold each day or week as the case may be.

(d) Strike out word not applicable.

Provided always that a delivery on any(e) day/week of not less than 90% of the quantity hereby contracted for on any such(e)day/week shall be a good delivery under this Contract. The Vendor warrants each and every consignment of milk under this Contract to be in accordance with the foregoing description, and it is hereby agreed by and between the Vendor and the Purchaser as follows :—

1. The milk shall be supplied by the Vendor in sealed churns/bottles(f)in one/two(f) consignments daily not later than..........a.m. in the morning and.........p.m. in the evening. Each and every consignment shall be delivered at.......................................................... and shall be deemed to be accepted by the Purchaser (subject to examination) upon delivery there.

2.—(a) The Vendor/Purchaser(g)shall be responsible for providing and maintaining in good condition at the point of delivery a sufficient quantity of clean containers for the delivery of the milk.

(b) All empty containers shall be cleaned and sterilised by the Purchaser before return to the point of delivery.

(c) Delivery of empties shall be made in sufficient time to allow of normal use by the Vendor.

(d) Delivery churns shall be made of tinned iron or steel, and none shall be used which, by reason of wear, roughened surface, cracks or other causes are difficult to clean thoroughly.

(e) Strike out word not applicable.

(f) Strike out words not applicable.

(g) Strike out word not applicable.

3. In the event of any day's/week's(h)delivery being above the quantity hereby contracted for the Purchaser shall subject as aforesaid, accept the milk up to the quantity hereby contracted for, but may reject or accept the excess.

4.—(a) The Purchaser shall accept any quantity delivered if it is less than the quantity hereby contracted for, and shall, subject to the following provisions, pay therefor the price hereby contracted to be paid.

(b) If the aggregate quantity of milk supplied by the Vendor under this contract in any (i)3 consecutive days/two consecutive weeks or in any (i)3 days out of 5 consecutive days/two weeks out of 3 consecutive weeks is less than the quantity hereby contracted for for such 3 days/2 weeks the Vendor shall if required in writing by the Purchaser or the Chairman furnish a written explanation setting out the reason or reasons for the shortage.

(c) If such reason or reasons are, in the opinion of the Chairman, insufficient the matter shall be investigated by the Board and after such investigation the Board may give permission to either party to terminate the contract on the expiration of a specified notice or forthwith ; and on the Contract being terminated pursuant to such permission the other party shall not thereby be entitled to any rights or remedies to which he would be entitled in the event of a breach of any of the provisions of this Contract by the party so terminating the Contract.

5. The Vendor shall supply with each consignment of milk a written ticket signed by him or his authorised agent stating the date, the number of containers in the consignment and total quantity in pounds or gallons of milk supplied in the consignment. The Purchaser shall not be entitled to make any deduction in respect of any alleged deficiency in the quantity of the consignment as stated on the Vendor's ticket unless he gives or sends by post to the Vendor written notice of such alleged deficiency so as to reach the Vendor within 48 hours (excluding Sundays and public holidays) of acceptance of the consignment.

6. The Purchaser and his representatives shall, at all reasonable times, have free access to the cowhouses, farms and premises where milk is, or has been, produced, and full power to examine into the health of the cows, the suitability of the water supply and the sanitary condition of the premises.

7. The price per gallon to be paid by the Purchaser to the Vendor for each and every consignment of milk hereby contracted to be sold and for any consignment or portion of a consignment in excess of or less than the quantity hereby contracted to be sold shall be not less than the appropriate statutory minimum price for the time being in force at the time of the delivery of each and every such consignment of milk or :

(i) (the sum of(j) ........... shillings and............pence per gallon or the appropriate statutory minimum price for the time being in force, which ever shall be the greater at the time being at the time of each such delivery) ;

or

(ii) (the sum of...........shillings and...........pence per gallon from 1st October, 19......, to 30th April, 19......, and the sum of...........shillings and...........pence per gallon from 30th April, 19.........., to 30th September, 19..........., or the appropriate statutory minimum price for the time being in force which ever shall be the greater at the time of the delivery of each and every such consignment of milk).

8. The Purchaser shall pay the Vendor the amount due under this contract for the milk supplied in each week/month(k)not later than the Friday/15th(k) day of the following week/month(k) and when making such payment shall furnish to the Vendor a detailed account of the quantity in each consignment and the price or prices paid.

(h) Strike out word not applicable.

(i) Strike out words not applicable.

(j) The parties need not insert any price here in which case they should strike out the portion in brackets and the appropriate statutory minimum price will then apply.

(k) Strike out words not applicable.

9. If the Purchaser shall at any time fail to pay any sum due by him to the Vendor on or before the fourth day after the due date then, and in that case, the Vendor may (without prejudice to any other available remedies) give to the Purchaser and to the Board, written notice of his intention to determine the contract, and unless the Purchaser shall, on or before the fifth day after receipt of such notice pay the amount due, the said contract shall be deemed to have been determined at the expiration of the said fifth day. In this respect time shall be of the essence of the contract. Upon the termination of the contract the Vendor shall notify the Board without delay.

10. The Vendor may (without prejudice to any other remedies available to him) by written notice to the Purchaser and the Board forthwith terminate this contract in either or any of the following cases:—

(a) if any cheque drawn by the Purchaser in favour of the Vendor shall be dishonoured ;

(b) if the Purchaser shall become subject to the bankruptcy laws or make any arrangement or composition with his creditors or permit any execution to be levied against him or being a company shall enter into liquidation whether voluntary or compulsory (not being merely a voluntary liquidation for the purpose of amalgamation or reconstruction), or permit any execution to be levied against it ;

(c) if the Purchaser shall at any time unlawfully refuse or fail for two consecutive days or for four days in any period of fourteen days, to accept any milk tendered to him by the Vendor pursuant to this contract.

11. If the Board cancels the registration of the Vendor or the Purchaser the contract shall be deemed to have terminated on the date of such cancellation.

12. The contract is subject to any contingencies beyond the control of the parties hereto, such as strikes, lockouts, riots, fire, Act of God, pollution or contamination of water supply, infectious disease among the Vendor's livestock or among the Vendor's or Purchaser's employees or families, including a prohibition order duly made pursuant to section 41 of the Milk and Dairies Act, 1935 , and in case either party shall thereby be prevented from fulfilling the duties imposed upon him or them by this contract or the Purchaser shall be unable, in consequence, to deal with the milk, then, and in such case, so far as is necessary, the operation of the contract shall on written notice by either party to the other, be suspended during the continuance of the contingency or contingencies in question. In the case of infectious disease the parties shall take all reasonable steps to overcome the risk of infection and to resume or accept full supply as soon as possible. Provided, however, that should the operation of the Contract be suspended for a continuous period of three calendar months the party upon whom notice of suspension was served may at any time thereafter and before the Contract is again being operated terminate the contract by giving notice to the party who caused notice of suspension to be served.

13. The benefits and obligations of the contract may, with the previous consent in writing of the other party and of the Chairman, be assigned by the Vendor to another registered Producer or by the Purchaser to another registered Wholesaler/Retailer and every such assignment so consented to shall relieve the assignor of his obligations to supply or accept milk under this contract after the date of the said assignment.

14. This contract is subject to the approval of the Chairman and shall become null and void upon the Chairman refusing to approve of it.

15. The Purchaser shall be responsible for sending the original, and counterpart and a copy of this contract to the Chairman.

16. In the construction of this contract:—

" Vendor " and " Purchaser " shall, where the context permits, include respectively the Vendor's or Purchaser's executors, administrators and permitted assigns, or in the case of a Company its successors and permitted assigns ;

" the Board " means the Dublin District Milk Board ;

" the Chairman " means the Chairman of the Board ;

other expressions have the meanings assigned to them in the Milk (Regulation of Supply and Price) Acts, 1936 and 1941. Save where the contrary intention appears words importing the masculine gender shall include females ; words importing a person shall include a company ; words in the singular shall include the plural and words in the plural shall include the singular.

" Written Notice " shall be well and sufficiently made or given if and when delivered by one party or his employee acting in the course of his employment to the other party or any employee of such party acting in the course of his employment or if sent by post properly addressed in a letter and prepaid and any such notice sent by post shall unless the contrary is proved be deemed to have been received at the time at which such letter would be delivered in the ordinary course of post.

IN WITNESS WHEREOF the parties hereto have hereunto signed their names the day and year first herein written.

Signed by the Vendor in the presence of :—

Vendor's signature.......................................................

Witness's signature.......................................................

Witness's address............................................................ 

Signed by the Purchaser in the presence of :—

Purchaser's signature..................................................

Witness's signature..................................................

Witness's address............................................................ 

Given under my Official Seal this 2nd day of September, 1941.

(Signed) SÉAMAS O RIAIN,

Minister for Agriculture.