| 109. |
Each Mill Group Board shall be responsible, according to the terms of this agreement, for regulating all matters relative to the delivery time and mode of delivery applicable to each grower delivering cane to the mill concerned. The expression “delivery time” embraces the days of a week and the hours of a day during which a grower is required to deliver cane to a mill and the expression “mode of delivery” embraces the method by which cane is to be bundled, including the size of bundles, or not bundled and the type of delivery vehicle employed, so determining the manner in which the cane is presented for off-loading at a mill's receiving facilities. |
| 110. |
If, to suit the receiving facilities of a mill, the mill tranships or moves cane from one mode of delivery to another, the costs of transport from the transhipment point to the mill or the cost of moving the cane to the other mode of delivery shall be borne by the mill, save insofar as the parties may otherwise agree. |
| 111. |
If a mill undertakes the haulage of a grower's cane by locomotive from railhead to mill, the costs of the haulage shall be borne by the mill, save insofar as the parties may otherwise agree. |
| 112. |
Save insofar as this agreement otherwise provides, each grower shall deliver his or her cane to the mill concerned at the same delivery time and by the same mode of delivery he or she was entitled to employ immediately prior to the coming into force of this agreement. |
| 113. |
If a mill or a grower wishes to effect a change in the grower's time of delivery or the mode of delivery to the mill concerned— |
| (a) |
the proposal for the change shall be referred to the Mill Group Board concerned; |
| (b) |
the Mill Group Board concerned shall not effect the change unless — |
| (i) |
in the case of the delivery time, the grower concerned consents thereto and, if the proposed change will affect the rate at which cane in any particular mode is received by the mill concerned from other growers contracted to that mill, the mill consents thereto; |
| (ii) |
in the case of the grower's mode of delivery, except if the proposed change results from a change in such mill's receiving facilities effected pursuant to clause 115, both the mill and the grower consent thereto; and |
if any dispute arises as to whether a delivery time or mode of delivery may be duly changed in accordance with the provisions of paragraphs (a) and (b), no change shall be given effect to until such time as the right to appeal has lapsed or such time thereafter as any appeal duly noted to the Administration Board or further appeal to the Appeals Tribunal shall have been finally disposed of. 114. A mill may refuse to accept the delivery of cane by a grower who persistently fails to comply with his allocated delivery time or mode of delivery.
| 114. |
A mill may refuse to accept the delivery of cane by a grower who persistently fails to comply with his allocated delivery time or mode of delivery. |
Mandating Procedures of Provinces Act, 2008
