Taking on a grain merchant (the AIC cartel)

[Farmer T]

Hoping for a bit of help and guidance.

We had a Nov- Dec malting barley contract that got partly collected in Feb. The December loads that we loaded had no issues. Some Feb loads failed for germination. Same barn, same land grown on. Rejected loads tested 99% germination at the feed house they were tipped at.

Independent testing took 27 days to be done- unsurprisingly they failed the 98%. Stoppages £12k.

Looking to take them to arbitration. Anyone know if any contacts or should I just use my solicitors as essentially it’s contract law?

 

[Nearly]

@Clive

 

[Chae1]

There lab decision/results are final as far as I know. We'd a similar situation at harvest. One merchant rejecting everything. Went in at other place with acceptable germination.

The tests are subject to the individual testing them. There isn't any exact science to it unfortunately.

My advice would be to avoid malting barley contracts.

 

[Farmer T]

There lab decision/results are final as far as I know. We'd a similar situation at harvest. One merchant rejecting everything. Went in at other place with acceptable germination.

The tests are subject to the individual testing them. There isn't any exact science to it unfortunately.

My advice would be to avoid malting barley contracts.

I take your point but this really can’t be allowed to keep happening.

The germination tested 99% everywhere, they took 27 days to get the sampling done and they picked it a month later than the two month contract window.

 

[Chae1]

I take your point but this really can’t be allowed to keep happening.

The germination tested 99% everywhere, they took 27 days to get the sampling done and they picked it a month later than the two month contract window.

They say they'll test it on farm pre delivery to avoid rejections on lorries. Do that tests fine. Put it on lorry then it fails.

There's a whole thread on malting barley and it's trials and tribulations.

 

[teslacoils]

Id rather cut off my own toes than send in malting barley from my own shed. All goes to co-op store.

I rank maltsters along with human consumption peas, and sending wheat in to a certain mill along with a swift kick in the nadgers as things certain to bring you to tears.

 

[glasshouse]

I take your point but this really can’t be allowed to keep happening.

The germination tested 99% everywhere, they took 27 days to get the sampling done and they picked it a month later than the two month contract window.

C u next tuesday sums them up

 

[Flat 10]

I take your point but this really can’t be allowed to keep happening.

The germination tested 99% everywhere, they took 27 days to get the sampling done and they picked it a month later than the two month contract window.

They were in breach of contract though?

 

[Clive]

@Clive

wish i could offer anything that would help

but

judge, jury, executioner !

maybe this is the kind of issue AHDB / NFU should be focusing upon, areas where they could offer real tangible cost benefit to levy payers

 

[CPF]

They broke the contract for not picking it up in Nov / dec.
Did you get the loads returned to you?
If not where is it.
Sounds like a company from the south.

 

[Pieces_of_Eight]

Probably a no-win situation. Pick a different merchant next time and make sure everyone knows why.

With hindsight I would have told them to collect it within the months written on the contract or don't collect it at all.

Did they alter the collection period in writing?

 

[Boysground]

I once had a call rejecting a load of wheat. That’s funny I said, he’s still here with a puncture!!

Seriously though there must be a better way of doing this.

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[Farmer T]

Probably a no-win situation. Pick a different merchant next time and make sure everyone knows why.

With hindsight I would have told them to collect it within the months written on the contract or don't collect it at all.

Did they alter the collection period in writing?

I told them it had to go in Nov- Dec. I had fertiliser coming in and I also needed the cash flow.

No agreement of carry. No extra payment for picking up a month late.

Several promises to pick up and then not. Last load went it at 99% germination to a different home which backs up the sample results.

 

[Farma Parma]

This has been troubling farmers for generations
Father fell out with one lot up here am gonna say 20yr ago plus now.
Needless too say we never delt with them again since. There loss.
This carryon bring a load of grain home & reloading it the next day & sending it back & its all within spec magically doesnt win any friends neither does it
It go's on tho all the time.

 

[Luke Cropwalker]

Hoping for a bit of help and guidance.

We had a Nov- Dec malting barley contract that got partly collected in Feb. The December loads that we loaded had no issues. Some Feb loads failed for germination. Same barn, same land grown on. Rejected loads tested 99% germination at the feed house they were tipped at.

Independent testing took 27 days to be done- unsurprisingly they failed the 98%. Stoppages £12k.

Looking to take them to arbitration. Anyone know if any contacts or should I just use my solicitors as essentially it’s contract law?

Why did the feed home test for germination? Are you certain the barley ended up as feed?

 

[deleted user 837354]

I once had a call rejecting a load of wheat. That’s funny I said, he’s still here with a puncture!!

Seriously though there must be a better way of doing this.

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This is outrageous. I would never deal with that party again.

 

[Boysground]

This is outrageous. I would never deal with that party again.

Has to be best part of 20 years ago.

Bg

 

[Farma Parma]

Needless too say selling grain thru a grain Coop has got rid of all these farmer worries.
I still hear of the odd rejection mind which i do find surprising but it doesnt directly affect us like it used too.

 

[PSQ]

Chae1 said:
My advice would be to avoid malting barley contracts.

If honesty and integrity are important to you, then don't consort with pimps, prostitutes, drug dealers, thieves, politicians or barley buyers.

 

[Brisel]

Lots of genuine stories about malting barley losing germination over the winter if the grower wasn't able to cool it quickly enough.

Laureate retained for home saving here dropped to 91% on full germination testing, not the tetrazolium method used for speed and by intake laboratories. No issue for my home saved seed - I just increase the seed rate to compensate but it would have been rejected at a maltster.

I assume the OP kept a sample from loading that was sent for independent testing?