F/H Form A Hazelnuts Export Agreement

HAZELNUT MARKETING BOARD
21595 A Dolores Way NE
Aurora, OR 97002-9738

F/H Form A
OMB CONT. NO.
0581-0178

EXPORT AGREEMENT
AGREEMENT between the HAZELNUT MARKETING BOARD, hereinafter called the
"Board", and
hereinafter called the "Agent,"
WITNESSETH:
WHEREAS, Section 982.52(b) and Administrative Rules issued pursuant to Section 982.52
of the Marketing Order of the Secretary of Agriculture of the United States, regulating the handling
of hazelnuts grown in Oregon and Washington hereinafter referred to as the Federal Hazelnut
Marketing Order, provides that the sale of restricted hazelnuts for export shall be made only by the
Board, but that a handler may be permitted to act as agent of the Board upon such terms and
conditions as the Board may specify, in negotiating export sales, and
WHEREAS, the Agent is a handler of hazelnuts and is subject to the provisions of the
Federal Hazelnut Marketing Order and desires to be permitted to act as an agent of the Board in
negotiating export sales of Agent's own restricted hazelnuts;
NOW, THEREFORE, IT IS AGREED between the parties as follows:
1. Agent is hereby authorized on behalf ofthe Board to quote and, subject to the Board's
approval, to contract for sale and sell, in export, in Agent's own name and under its own brand, to
countries designated by the Board, restricted hazelnuts held by Agent as a packer. Such quotations,
contracts and sales shall conform strictly to prices, terms, and conditions as are prescribed or
modified from time to time by the Board.
2. Agent delivering such hazelnuts to the Board pursuant to this agreement shall assume all
risk and expense of such hazelnuts and shall take all steps customary in the industry to protect such
hazelnuts with insurance and with suitable storage and transportation conditions, after delivery
thereof to the Board and prior to final sale and delivery to the buyer. Agent shall also have full
responsibility for compliance with all laws, rules, and regulations of any government which may be
applicable to such export sale, and for securing whatever license or other authority for export that
may be required. Agent hereby indemnifies the Board against all claims, loss or liability in
connection with the holdings, quotation, sale, transportation, export, and delivery of said hazelnuts
and the remittance and collection of the proceeds therefrom.
3. Upon completion of any sale of such hazelnuts in export, Agent shall submit to the Board
a report of consummation of export sale on form F/H Form 1(b), which shall show the quantity,
size, lot number, inspection certificate number, proceeds of sale, destination and date of shipment
and shall be supported by a copy of Agent's invoice to the foreign buyer. The Agent will also
furnish the Board copies of invoices of intermediate buyers, if any, to foreign buyers which shall
include a statement that such hazelnuts are being delivered subject to the requirement that the
consignee shall not re-export them to the United States, "on-board" ocean bill of lading, or a bill of
lading in "received for shipment" form, bearing an on-board endorsement certified by an agent of
the marine or air carrier for shipment to countries other than Canada or Mexico, or, as to these two
countries, a "landing certificate" issued by an official of the country of destination or such other
documents, approved by the Board, evidencing arrival at destination, duty and taxes paid.

-24. Agent agrees to observe such accounting procedures and to execute such instruments as
may be necessary or desirable to enable the Board to obtain payment under any export and
diversion agreement or other similar agreement between the Board and the United States of
America during the period covered by this agreement.
5. This agreement shall remain in full force and effect until terminated by either party or
thirty days written notice to the other. Such termination shall not affect any of the rights which may
have accrued to either party at time of termination.
6. Any dispute arising hereunder between the parties shall be settle by arbitration before
arbitrators,one of whom shall be selected by the Board, one by the Agent and the third by the first
two arbitrators. The decision of the arbitrators shall be final and binding upon the parties hereto and
it is hereby agreed by the Agent and by the Board that judgment of a court of suitable jurisdiction in
Oregon shall be entered upon any arbitration award made under this contract.
IN WITNESS WHEREOF, THE Hazelnut Marketing Board has hereunto subscribed its
name by it Manager thereunto duly authorized, and the Agent has hereunto, if an individual,
subscribed his name, and if a corporation, caused its corporate name to be subscribed and its
corporate seal to be affixed by an officer thereunto duly authorized.

Date:

Agent
By
Title
HAZELNUT MARKETING BOARD

By
Manager
NOTE: Hazelnuts means hazelnuts or filberts produced from the tree of the genus corylus.
No authorized agent status for handlers to export certified merchantable restricted filberts can be established
unless a completed export agreement is executed (7 u.S.C. 608(d), 7 CFR 982.52(b) and 7 CFR 982.452(b».
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