WMB Form 16 CA Walnuts Export Agreement for Reserve

OMB NO. 0581-0178
: :~'.WMBForm #16

Walnut Marketing Board
1540 RIver Park DrIve, Suite 203
Sacramento CA 95815-4801
Ph (916) 922-5888 Fax (916) 923-2548

EXPORT AGREEMENT FOR RESERVE WALNUTS
THIS AGREEMENT. made as of this first day of August.
WALNUT
(hereinafter

MARKETING
called

the

BOARD

(hereinafter

referred

to

as

.

the

_8Board")
between the
and
.

·Agent').

WITNESSETH. that:

...
'"

WHEREAS.SecUon 984.56of MarketingOrderNo.984. as amended. regulatingthe handlingof
walnuts grown In California (hereinafter referred to as the 80rder"). provides that the sale of reserve
walnuts for export can be made only by the Board; and
WHEREAS.Section 984.56(b) of the Order provides that a handler may be designated to act as
an agent of the Board to make export sales under such tenns and conditions as the Board.may specify;
and
WHEREAS. Agent Is a handler of walnuts. Is subject to the provisions of the Order. and desires to

be designated to act as agent for the Board in the export of reserve walnuts:
NOW.THEREFORE. IT IS AGREED BYANDBETWEENthe parties as follows:
1.

2.

Subject to the provisions of SectIon 984.56 ofthe Order. Agent is hereby authorized on behalf of
the Board to contract for the sale and sellin export. in the Agenfs name. to destinations outside
the United States. Puerto Rico and the Canal Zone. reserve walnuts. Such quotations. contracts
and sales shall be at not less than any minimumprices In effect established by the Board. and
shall conformstrictlyto size and quality.and other terms and conditions as are prescribed.
established or modified from time to time by the Board.

Sales MadeInExportby Agent
a.

Agent shall bear all expenses in connection with the sale and disposition of such walnuts
and take all steps customary in the Industry to protect such walnuts with insurance and
suitable conditions of storage and transportation prior to final sale and delivery to the
Buyer. Agent shall also have full responsibility for compliance with an 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 which may be required. Agent
hereby agrees to Indemnify Board against all claims. loss of liability In connection with the
holding. quotation. sale. transportation,export and delivery of said walnuts and the
remittance and coliecUon of the proceeds therefrom.

b.

Upon completion of any sale of reserve walnuts in export, Agent shall submit to the Board
a "Report of Consummation of ExportSale8 in fonn prescribed by the Board (WMB Form
B) which shall show the number and type of container. net weight of the lot, size and
grade. and color classification of the walnuts If shelled, the inspection certificate number
applicable to the lot. price per pound (U.S. funds). country of destination. date of
shipment. and name of the carrier. and shall be accompanied by a copy of Agenfs invoice
to the foreign buyer. a copy of the lion boardw bill of lading bearing an on board
endorsement certified by an Agent of the carrier and any other documentation which the

Boardmayspecifyto adequatelyevidencearrivalat destination. Agentwillalso submit

copies of such other documents required by the Board ~
permitted In the minimum sales price schedule.:
3.

.:

SUPPc;trt~ny special discount

.. ::.:-: . -

Agent agrees to label all containers of reserve walnuts In accordance with requirements which are

establishedbythe Bo~.

.

.

4.

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 United States of America during
the period covered by this Agreement.

5.

Agentagrees to and does hereby assume all responsibilityforobtaining a proper agreement from
to prevent relmpodation of aU reserve walnuts exported or sold. by him for the
account of the Board. Agent will pay the Board any damages It may suffer, or expenses it may
Incur as a result of any failure of Agent to exercise all possible care and diligence to prevent any
reserve walnuts sold and exported by him from being re-lmported Into the United States,
regardless of whether the relmportation is made directly or Indlrectiy by Agent or the purchaser.

the purchaser

This Agreement supersed~ all prior Export Agreements between the signatories hereto, and

6.

.

shaDremain In full force and effect until
unless terminated by either party
on 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 tenninatlon.

IN WITNESS WHEREOF, the Walnut Marketing Board has hereuntosubsaibed Its name by ItsExecutive
Director thereunto duly authorized, and the Agent has hereunto, if an individualsubsaibed his name, and
if a corporation, caused Its corporat$ name to be subscribed and Its corporate seal' to be affixed by an
officer thereunto duly authorized.

Agent
By:
Title:
WALNUT MARKETING BOARD
By:
Dennis A. Balint, ExecutIve Director

.

No walnut handler shall dispose of reserve walnuts In export markets as an agent of the Walnut
Marketing~
unlessa completedAgreementis received. (7CFR984.56(b)and 7CFR
984.456(a».

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