Section 1. Parties Involved
This contract is entered into by __Berg& Sons LLC__of __147043rd Ave SW Stanton, ND 58571__[contractor], and (name)___________________________________________________of (address)_____________________________________[owner/grower], on (date)___________________________________________________.
Customer Tax ID #:_________________________________________________________
Customer Social Security #:_________________________________________________________
Section 2. Description of Farm
The above contractor agrees to perform custom forage harvesting operations for the owner/grower on the following land or parcels of land: (Include county, township, and section number)____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Section 3. Method of Payment
The contractor agrees to submit to the owner an itemized written statement of work completed and the owner agrees to make payment to the contractor within ____15___ days after receiving the statement.
a) Account is due in full 15 days after receiving the statement.
b) If account is not paid within 15 days of receiving the statement, a (20%) finance charge will be applied to the balance owed.
c) If account is more than 90 days late it will be considered delinquent and actions will be made to collect this debt. An additional (2%) interest will continue to accrue until account is paid in full.
Section 4. Procurement of Supplies
(Describe who is responsible for the purchase and delivery of fuel, water, seed, fertilizer, chemicals and other supplies, and procedure for reimbursement, if any)
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Section 5. Custom Forage Harvesting Rates
These are the agreed upon rates between the contractor and the owner/grower for the 2019 forage harvest season.
a)_____$6.50__/per ton with no KP at ¾” cut length.
_____$7.00__/per ton with no KP at ½” cut length.
_____$7.50__/per ton with no KP at below ½” cut length.
____$1.00__/per ton additional charge for Kernel Processing (KP)
b)____$90.00__/per acre minimum charge.
c)_____$1.00__/ per ton for inoculant application (Biotol Plus II).
_____$00.10__/per ton for applying provided inoculant.
d)____$175___/per hr for pushing/packing silage pile.
e) Contractor pays for fuel costs.
f) The KP unit will be set at the operator’s discretion to ‘crack’ the corn kernels. There will be an extra charge applied for ‘juicing’ corn kernels.
g) Silage will be hauled by contractor to desired location. Hauling will be __no charge__ for the first mile and then _____$0.25___ per mile/per ton.
Section 6. Other Provisions
(Parties may wish to include language regarding bonus or incentive payments, contractor’s right to subcontract, or any other agreement alterations as well as field conditions.)
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a) Contractor is not liable for delays due to weather or other acts of God and will attempt to maintain the agreed upon schedule to the best of their ability.
b) Field conditions are the responsibility of the owner/grower. All uninformed hazards are to be communicated to the contractor prior to the start of forage harvest. All damages (i.e. guards, sections, etc.) that are the result of uninformed field conditions (such as rocks, ditches, irrigation, etc.) will be charged to the owner/grower on an hourly rate (cost of parts included) unless covered by contractors or owner/growers insurance.
c) Farm maps & measurements are required from a farm service agency prior to harvest.
d) Moisture Level should be measured by the owner/grower and is the owner/growers responsibility when it comes to forage harvest decisions.
e) The owner/grower is responsible of the proper shaping and packing of the pile, unless the contractor push/packing tractor is used. Any damages to push tractor due to uninformed hazards are also the owner/grower's responsibility and will charged at the same hourly rate.
f) The onboard CEBIS hardware and software will be the official source of measurement for billing.
g) All hired/contracted drivers that are brought in by the owner/grower to work alongside Berg & Sons are the owner/grower’s responsibility and the owner/grower will be liable for any damages/breakdowns that are caused by these drivers.
Section 7. Agreement Disclaimer
a) Be advised that if you do not return this fully executed contract to us, we will assume that you have read and understand the terms and conditions, and unless you contact us otherwise in writing, you agree to be bound by the terms and conditions of this custom harvesting contract, regardless of your execution.
Section 8. Signatures
a) The undersigned agree to all terms and conditions of this contract.
Contractor:
Berg & Sons LLC
By: ____________________________ Date: ________________
Print Name:_____________________________________________
Owner/Grower:
By: ______________________________________ Date: ______________________
Print Name: _______________________________