Unilateral change of contract terms
One of the mistakes raw milk sellers make is agreeing to a unilaterally changeable contract. It is important to emphasize that the contract (or its annexes) can be changed or supplemented only when both parties manage to agree. If the seller does not agree with the buyer’s offer, he has the right to negotiate the terms.
In the event that a compromise cannot be reached, the seller may terminate the contract in accordance with the provisions of the concluded contract.
Another important aspect is the annexes to the contract. The contract addendum is an integral part of the contract, which is valid only when signed by both parties. This means that if the seller does not agree with the buyer’s offer regarding the price of raw milk or other conditions, he has the right not to sign the addendum to the contract or to sign clearly stating that the seller of raw milk does not agree with the price offered by the buyer. Only appendices approved by both parties have legal force.
Proportionality of penalties or interest
The terms of the contract usually provide for fines or interest that must be applied in case of violation of certain terms of the contract. However, sellers of raw milk are recommended to carefully assess whether the amount of the penalty proposed by the buyer corresponds to the value of the amount of milk not purchased. Ideally, the amount of the fine should be equivalent to the amount of milk not purchased, so that the seller does not suffer unreasonable financial losses.
Responsibility for milk quality
Another mistake that sellers of raw milk can make is the terms of the contract, according to which they take responsibility for the quality of the milk after it is delivered to the buyer. Sellers should remember that from the moment the milk is delivered, all responsibility for its quality rests with the buyer. If the milk was delivered in good quality and this is confirmed by relevant documents, the buyer has no right to claim compensation for losses due to his own improper storage of milk or other related problems.
It is important that both sellers and buyers follow the directive of the Minister of Agriculture of the Republic of Lithuania in 2001. May 9 order no. 146 “On Approval of Milk Purchase Rules” and Annex 4, which establishes the recommended milk purchase-sale agreement form. This will help avoid misunderstandings and ensure fair and transparent execution of contractual relations.
By following the above recommendations and avoiding common mistakes, sellers can protect themselves from potential legal problems and financial losses. At the same time, mutually beneficial cooperation will be ensured.
The Agricultural Agency supervises that persons participating in the process of buying and selling raw milk do not carry out prohibited actions, established by the prohibition of unfair actions of economic entities of the Republic of Lithuania, buying and selling raw milk and trading in dairy products in the law. Potentially unfair practices can be reported to the agency by filling out its form on the websiteemail by mail [email protected] or by phone +370 661 91694.
Information of the Agricultural Agency under the Ministry of Agriculture.
2024-08-21 14:00:12