Sample Contracts

NGFA® CONTRACTUAL CLAUSES

(Nov. 2009)

 NGFA® SAMPLE ARBITRATION CLAUSE:

NGFA® ARBITRATION OF DISPUTES:  The parties to this contract agree that the sole remedy for resolution of any and all disagreements or disputes arising under or related to this contract shall be through arbitration proceedings before the National Grain and Feed Association (NGFA) pursuant to the NGFA® Arbitration Rules.  The decision and award determined through such arbitration shall be final and binding upon the Buyer and Seller.  Judgment upon the arbitration award may be entered and enforced in any court having jurisdiction thereof. (Copies of the NGFA® Arbitration Rules are available from the National Grain and Feed Association, 1250 Eye Street, N.W., Suite 1003, Washington, D.C. 20005; Telephone: 202-289-0873; Website: http://www.ngfa.org).

 NGFA®  SAMPLE TRADE RULES CLAUSE:

NGFA® TRADE RULES TO APPLY:  Except as otherwise provided herein, this contract shall be subject to the Trade Rules of the National Grain and Feed Association (NGFA), which are incorporated herein. (Copies of the NGFA® Trade Rules are available from the National Grain and Feed Association, 1250 Eye Street, N.W., Suite 1003, Washington, D.C. 20005; Telephone: 202-289-0873; Website: http://www.ngfa.org).

NGFA® SAMPLE FEED TRADE RULES CLAUSE:

NGFA® FEED TRADE RULES TO APPLY:  Except as otherwise provided herein, this contract shall be subject to the Feed Trade Rules of the National Grain and Feed Association (NGFA), which are incorporated herein. (Copies of the NGFA® Trade Rules are available from the National Grain and Feed Association, 1250 Eye Street, N.W., Suite 1003, Washington, DC 20005; Website: http://www.ngfa.org)

NGFA® SAMPLE CROSS-BORDER CLAUSE [if your transactions also include cross-border trades between parties in the U.S., Mexico or Canada, it is often recommended that additional language be added]:

CROSS-BORDER TRADES IN NORTH AMERICA: The parties hereby exclude from this contract the application of the United Nations Convention on Contracts for the Sale of Goods.

Sample Grain Purchase Contract and Confirmation Memorandum:  Click here

Sample Grain Contract Options for Addressing Biotech-Enhanced Commodities: Click here

REMEMBER:

Only NGFA members are ensured of access to the NGFA® Arbitration System.  The NGFA will not accept a case for arbitration unless at least one of the parties is a NGFA Active or Associate/Trading member.  Also, remember that by referencing the NGFA Trade Rules in contracts with non-members, you are agreeing to comply with the rules.  As with all contractual matters, it is recommended that you consult with competent legal counsel before making changes to your legal documents.