News Potato contracts

Potato contract: ask your question to the lawyer

5 September 2018 - Niels van der Boom - 40 comments

The arable farmers who grow potatoes on contract for a chip factory have a lot of questions this year. Apart from the general questions, it concerns details in the conditions and the fulfillment of agreements. Do you have a question? Then introduce him to lawyer Mario Versendaal.

Potato contracts: what is the legal situation? In our studio answered lawyer Mario Versendaal this question. Arable farmers have many questions after this difficult season. Scholtens Advocaten in Emmeloord has also noticed this. It usually concerns details, which differ per grower. Factories are handling the contracts smoothly this season. Therefore, always consult with the customer, that is the advice.

Ask your question
Do you have a question that remained unanswered after the interview? Then ask this to Mario Versendaal. You can post your question in the comments below this article. Do you prefer to send your question by email? Then send a message to: editorial@boerenbusiness. Nl.

The editors of Boerenbusiness makes a selection of the most important questions, which the lawyer will then answer.

Do you have a tip, suggestion or comment regarding this article? Let us know

Niels van der Boom

Niels van der Boom is a senior market specialist for arable crops at DCA Market Intelligence. He mainly makes analyses and market updates about the potato market. In columns he shares his sharp view on the arable sector and technology.
Comments
40 comments
Subscriber
Ad Akkrmans 5 September 2018
This is a response to this article:
[url=http://www.boerenbusiness.nl/aardappelen/artikelen/10879847/aardappelcontract-stel-je-question-aan-de-jurist][/url]
They should have come last year better.
Subscriber
Ad Akkrmans 5 September 2018
They should have come last year better.
Thomas 5 September 2018
Why, you enter into a contract yourself.
Farmer 5 September 2018
Next year first 20 tons of daily price, 20 tons of contract for 18 cents and the rest min-max 15-25.
Subscriber
quite rude 5 September 2018
What daily rate Farmer? by whom should that be formed and by which potatoes??
At least not yours!!!
Farmer 5 September 2018
Simple at no match
nerds 5 September 2018
What do you think the French fries industry does with their customers? Breaking contracts due to force majeure. Why shouldn't a farmer be allowed to do this
Klaiboer 5 September 2018
Not necessary anyway. I think you absolutely loved that contract and maybe you even got a nice coat that you wore everywhere you went to show that you belonged to the club. So don't back down now and grit your teeth. And next winter just make a neat scribble because you want certainty and so does your bank.
Subscriber
Skirt 5 September 2018
Many farmers have the bad habit of not wanting to earn anything, the rest suffers as a result.
asshole 6 September 2018
I have 50/50 It can be seen that Klaiboer has never been further than his shed. The entire economy runs on contracts and price fixing. I happen to have a lot of insight into the whole thing after the farmer. Do you really think that the customers will buy at the daily price. Dream on
Subscriber
Free 6 September 2018
How can you know what 50/50 is if you don't know what you're going to harvest?
Klaiboer 6 September 2018
I know very well how it works and I sometimes go outside my warehouse and I think I go to more places than you think. This year is the turning point for me because I was about to say goodbye to potato cultivation and start renting out land. Now I have regained confidence in some market forces.
Subscriber
drone outing 6 September 2018
My question to mr. Versendaal is; Is it legally correct that you can only buy the seed potatoes from the chip factory or trading house? Sometimes you can buy something elsewhere, but that is very little! This is where the biggest problem lies.
nerds 6 September 2018
By looking at my average yield over the last 7 yearsHave you ever spoken to buyers of foodservice, large customers.They are not waiting for the free market
Subscriber
Free Agria 6 September 2018
zeveraars wrote:
By looking at my average yield over the last 7 yearsHave you ever spoken to buyers of foodservice, large customers.They are not waiting for the free market


And that's why you sign contracts with prices below cost? The food service and your major customers are laughing at themselves...
Subscriber
Free Agria 6 September 2018
dronter outing wrote:
My question to mr. Versendaal is; Is it legally correct that you can only buy the seed potatoes from the chip factory or trading house? Sometimes you can buy something elsewhere, but that is very little! This is where the biggest problem lies.


Of course that is legally correct. If the majority of the growers do not buy seed potatoes from the chips factory with a return obligation, that seed potatoes will come to the market automatically because the chips factory will not grow 100% itself.

Now turn things around, look at the past. Why did prices go through the roof in 1976?
nerds 6 September 2018
What is the cost? Think there are many differences between them. Now with Agria you have a potato that you can use in all directions. I have clients in France and Spain for this and they are willing to pay for it.
whiner boy 6 September 2018
the whole market has gone to hell because of the contracts and price fixing. if those senior gentlemen do not want to buy on the free market then they have nothing nice that is entrepreneurship pure sang bunch of pants shit. We really don't have to have compassion with food service and large buyers who have exploited and buggered us for more than a century, where the whole agriculture is going under and then you come up with stories that you can read the market Dream on.. off
Subscriber
smart ass 6 September 2018
Aren't there just free agria and bintjes for sale?
there are still more free varieties e.g. chips, lady rosetta and hermes

You're not going to order it from a trading house, are you?
nerds 6 September 2018
Is not only in agriculture , contracts and price fixing . What does free cultivation have to do with entrepreneurship? Everyone covers their risks in their own way, contracts, futures market. Do you really think that your idea is going to change something? French fries industry that can sit together at the table. Just try working 3 farmers together. Before you start planting, don't you also record your seed potatoes, fertilizers jQuery211085350172725149_1536252053075?
nerds 6 September 2018
Is not only in agriculture , contracts and price fixing . What does free cultivation have to do with entrepreneurship? Everyone covers their risks in their own way, contracts, futures market. Do you really think that your idea is going to change something? French fries industry that can sit together at the table. Just try working 3 farmers together. Before you start planting, don't you also record your seed potatoes, fertilizers jQuery211085350172725149_1536252053075?
Klaiboer 6 September 2018
Zeveraars I sort and package approximately 600 tons of table potatoes, which I mostly sell directly to the consumer. Also have a large number of greengrocers, market vendors and farm shops that I supply with potatoes. Maybe I don't have as many hectares as you, but I think on balance I get double yours per hectare. Stand in the middle of the market and get immediate feedback about what is in demand. Everyone does it in their own way but don't act like you only understand and the rest is stupid.
Klaiboer 6 September 2018
And that always without a contract. If the quality is good, the customers will come.
nerds 6 September 2018
That tie is also another segmentCan't you compare ?By the way I also sort with my overkilos
Forum 7 September 2018
If you find it necessary, do you have your contract screened in advance? It is an illusion that mr. Versendaal will solve the problems!

It is better to maintain a good relationship with two or three different customers and to work with trust and mutual understanding.
Subscriber
Telerx 7 September 2018
Zeveraar wrote:
I have 50/50 It can be seen that Klaiboer has never been further than his shed. The entire economy runs on contracts and price fixing. I happen to have a lot of insight into the whole thing after the farmer. Do you really think that the customers will buy at the daily price. Dream on

So you don't know anything.
Subscriber
Skirt 7 September 2018
A bunch of suckers with each other, think about reading and understanding a contract before you sign it, that's part of normal entrepreneurship.
joker 8 September 2018
dronter outing wrote:
My question to mr. Versendaal is; Is it legally correct that you can only buy the seed potatoes from the chip factory or trading house? Sometimes you can buy something elsewhere, but that is very little! This is where the biggest problem lies.


In my opinion, a cartel that crosses the line.
If there is too much seed, it is deliberately pushed into the feed and it is not sold on the market to support the prices for the factories.
This set-up and the presence of a VAVI indicate that a small group is very close to each other, and DAF and other truck manufacturers were fined heavily over price agreements, so why should it be allowed now?

Look, I think a cultivation starts at your cost price and you have little influence on that of the soil, but the seed potatoes are kept so expensive for the glory of the factories, and that doesn't seem right to me.

The factory pretends to have a harvest risk and has a crop failure surcharge for this in their contracts, while they do not compensate the farmers for this.
I think that a stand organization should start a lawsuit about this to see what the case law thinks about this case, in combination with the fact that this agreement is coordinated from the VAVI and that the chance that a farmer will get this negotiated in a contract is nil. by the fact THAT these conditions apply to all factories by the VAVI.......

The stand organizations show once again that you simply cannot count on good support in the event of an emergency.

This is a year in which a lot of things should change in contract agreements, dealing with crop failures, and how to view long-term agreements.

The COMPLETE ABSENCE of the stand organizations in the discussion, whether it should be about 2.5 minutes before the news, indicates that the wrong people are representing the interests.
joker 8 September 2018
Oh yeah, and then when a project group comes to talk about the contracts, it probably gets back to posturing and dawdling, and why is that?

Because there are advocates who like to talk for pleasure, sit opposite people who talk with a purpose and for their profession.

Talking should be the means, not the goal and you negotiate under pressure, just like trade unions, it's no different.
So stand organizations must be able to advise at an early stage whether or not there is contract advice for next year, and make this known.

Sergio Marchionne, CEO of Fiat Crysler, was appointed to get things back on track, as the company went bankrupt.

The first thing he did was give much more day-to-day powers and tasks to the managers that they had to perform themselves.

The result was that they became much too busy to hold meetings for a long time because they became productive, and this had results in their further thinking, so that in a short time the business was back on track.......

That should also happen at stand organizations, they are busier with endless bullshit than with result-oriented work.........
Subscriber
crow 8 September 2018
It's great that you know so well, jokertje, at every stand organization they are still looking for active, involved members. Take your chance.
peta 8 September 2018
crow wrote:
It's great that you know so well, jokertje, at every stand organization they are still looking for active, involved members. Take your chance.

Do you think crow? Then only to maintain the plush, critical members are difficult and are happy to be kept alongside by the sitting order. Especially not in administrative positions, because then the policy staff will be too busy and they run the risk of not being able to move on to the provincial or Hague plush within the CDA or VVD!
Subscriber
Free Agria 8 September 2018
joker wrote:
dronter outing wrote:
My question to mr. Versendaal is; Is it legally correct that you can only buy the seed potatoes from the chip factory or trading house? Sometimes you can buy something elsewhere, but that is very little! This is where the biggest problem lies.


In my opinion, a cartel that crosses the line.
If there is too much seed, it is deliberately pushed into the feed and it is not sold on the market to support the prices for the factories.
This set-up and the presence of a VAVI indicate that a small group is very close to each other, and DAF and other truck manufacturers were fined heavily over price agreements, so why should it be allowed now?

Look, I think a cultivation starts at your cost price and you have little influence on that of the soil, but the seed potatoes are kept so expensive for the glory of the factories, and that doesn't seem right to me.

The factory pretends to have a harvest risk and has a crop failure surcharge for this in their contracts, while they do not compensate the farmers for this.
I think that a stand organization should start a lawsuit about this to see what the case law thinks about this case, in combination with the fact that this agreement is coordinated from the VAVI and that the chance that a farmer will get this negotiated in a contract is nil. by the fact THAT these conditions apply to all factories by the VAVI.......

The stand organizations show once again that you simply cannot count on good support in the event of an emergency.

This is a year in which a lot of things should change in contract agreements, dealing with crop failures, and how to view long-term agreements.

The COMPLETE ABSENCE of the stand organizations in the discussion, whether it should be about 2.5 minutes before the news, indicates that the wrong people are representing the interests.


Yep, now it's the stand organizations' fault again. I am not a fan of our stand organizations either, but I am still a member.
But now just look to yourself instead of the factories or other parties. A number of growers have simply signed contracts without taking into account the consequences of all environmental factors and all conditions. And now you get the lid on the nose. Accept this and consider it an expensive lesson.
Subscriber
drama 8 September 2018
Zeveraar wrote:
I have 50/50 It can be seen that Klaiboer has never been further than his shed. The entire economy runs on contracts and price fixing. I happen to have a lot of insight into the whole thing after the farmer. Do you really think that the customers will buy at the daily price. Dream on

What nonsense, products grow outside and depend on the weather! And if the factories just go out all year round, they also have potatoes that they can process.
Subscriber
farm insider 8 September 2018
joker wrote:
Oh yeah, and then when a project group comes to talk about the contracts, it probably gets back to posturing and dawdling, and why is that?

Because there are advocates who like to talk for pleasure, sit opposite people who talk with a purpose and for their profession.

Talking should be the means, not the goal and you negotiate under pressure, just like trade unions, it's no different.
So stand organizations must be able to advise at an early stage whether or not there is contract advice for next year, and make this known.

Sergio Marchionne, CEO of Fiat Crysler, was appointed to get things back on track, as the company went bankrupt.

The first thing he did was give much more day-to-day powers and tasks to the managers that they had to perform themselves.

The result was that they became much too busy to hold meetings for a long time because they became productive, and this had results in their further thinking, so that in a short time the business was back on track.......

That should also happen at stand organizations, they are busier with endless bullshit than with result-oriented work.........

Well said, ... Why do other people give a shit about contract growers? They claim to have everything free but are also screwed 3 times. High tare, high tare contribution, weighing wages... Stand up for the sector and don't poop all the time about contract yes/no. All discussions here are taken out of context by "we grow free and we think contract farmers are stupid".
The processors laugh at this forum. They know that those stupid farmers cannot be aligned. Just read the forum ... And next year you will be kicked out again, because you would rather talk about free/contract than make decent agreements that benefit everyone.
FB 9 September 2018
That the free grower is made 3 x is nonsense, if your potatoes are in the shed you can agree on a lot, e.g. gross for net, roads where you want, no soil fine, etc etc.
FB 9 September 2018
Made must be sewn
FB 9 September 2018
Made must be sewn
Subscriber
wig maker 9 September 2018
zeveraars wrote:
By looking at my average yield over the last 7 yearsHave you ever spoken to buyers of foodservice, large customers.They are not waiting for the free market



Such a reaction is killer.
Growers who are concerned about the raw material supply of the buyer and who feel responsible for it when it threatens to be endangered and as a result the entire potato-growing Netherlands is pulled into the abyss.
For me there are two choices:
1) Or as an industry you give a
decent contract price.
2) If not, the growers have to do everything they can
do to improve the supply of raw materials
endanger.
harm 11 September 2018
Agree colleague, Zeveraars is a totally overworked buyer who gets stuck in the door and then creates fantasy stories
nerds 11 September 2018
I'm not a buyer at all.
joker 12 September 2018
Free Agria wrote:
joker wrote:
dronter outing wrote:
My question to mr. Versendaal is; Is it legally correct that you can only buy the seed potatoes from the chip factory or trading house? Sometimes you can buy something elsewhere, but that is very little! This is where the biggest problem lies.


In my opinion, a cartel that crosses the line.
If there is too much seed, it is deliberately pushed into the feed and it is not sold on the market to support the prices for the factories.
This set-up and the presence of a VAVI indicate that a small group is very close to each other, and DAF and other truck manufacturers were fined heavily over price agreements, so why should it be allowed now?

Look, I think a cultivation starts at your cost price and you have little influence on that of the soil, but the seed potatoes are kept so expensive for the glory of the factories, and that doesn't seem right to me.

The factory pretends to have a harvest risk and has a crop failure surcharge for this in their contracts, while they do not compensate the farmers for this.
I think that a stand organization should start a lawsuit about this to see what the case law thinks about this case, in combination with the fact that this agreement is coordinated from the VAVI and that the chance that a farmer will get this negotiated in a contract is nil. by the fact THAT these conditions apply to all factories by the VAVI.......

The stand organizations show once again that you simply cannot count on good support in the event of an emergency.

This is a year in which a lot of things should change in contract agreements, dealing with crop failures, and how to view long-term agreements.

The COMPLETE ABSENCE of the stand organizations in the discussion, whether it should be about 2.5 minutes before the news, indicates that the wrong people are representing the interests.


Yep, now it's the stand organizations' fault again. I am not a fan of our stand organizations either, but I am still a member.
But now just look to yourself instead of the factories or other parties. A number of growers have simply signed contracts without taking into account the consequences of all environmental factors and all conditions. And now you get the lid on the nose. Accept this and consider it an expensive lesson.


Indeed, just grow freely and let the market do its work.
And in fact contract work is also subject to market forces, so if that means that people will die this year because of their large amount of contracts: that is also part of market forces.
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