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Rice Offering Agreement

Rice Offering Agreement

This is a Rice Offering Agreement which dictates how You the registered users as a seller, hereinafter referred to as "Seller" may use the website, CalRiceInfo.com, hereinafter referred to as the "Website" to list your rice for Sale. CalRiceInfo.com is not a broker, and in this case, is acting as a posting board for Seller to offer rice for sale to any potential buyers. The final agreement is between Buyer and Seller and should be considered legally binding. Website is a third party and does not provide any guarantee that Buyer or Seller will act; but does provide a binding email stating the two parties have agreed with the most up to date information.

RECITALS

It is the intention of the parties that the Producer shall list rice on the Website that Seller is willing to sell at the price stated or as subsequently agreed to.

AGREEMENT

NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants and conditions contained herein, the parties, intending to be legally bound, hereto agree as follows:

OFFER TO SELL.

  1. In General. Seller may offer to sell to all buyers who are registered on the Website who are California milling organizations, processors or otherwise approved by Website specified quantities of rice at a price per cwt. over Commodity Credit Corporation loan value as Seller in its sole discretion decides.

Terms and Conditions.

  1. Offer. Seller’s offer to sell shall be effective until the chosen expiration date. Seller has the right to extend the effective time of the offer as Seller decides and notifies the Website (the “Effective Period”). Seller may remove their posting by notifying the Website, provided that there are no bids on the listing. Seller can change the offering price by notifying the Website. Website will promptly change the offered selling price provided a buyer has not purchased the rice.
  2. Information. Seller shall provide the Website with the following information the rice being offered for sale
  1. Variety.
  2. Quantity, which can be in stated in multiple lots.
  3. Asking price.
  4. Location where the rice is stored.
  5. Whether the rice has been placed under CCC loan.
  6. Additional information.
  1. Sale and Purchase. Upon a buyer selecting Seller’s rice to purchase on the Website, Seller will do all acts necessary to transfer title to the buyer, except that the buyer shall be solely responsible for providing the funds necessary to redeem the rice if under CCC loan or similar loan/option arrangement. If not under CCC loan, the buyer shall pay in addition to the sale price the CCC loan equivalent together with the purchase price, provided not in farm storage. If the rice is in farm storage, the buyer will pay Seller the CCC loan equivalent on shipment and determination of grade.
  2. In Store Purchase. Any settlement of quality and quantity between the buyer and a licensed warehouse will be made consistent with the California Warehouse Associations Standard Operating Agreement.
  3. Seller’s Indemnification. Except to the extent proximately and solely caused by the willful misconduct of the Website, Seller shall indemnify, defend and hold the Website its officers, members, owners, directors, agents, employees, representatives, successors and assigns harmless from and against any claims, liabilities, losses, judgments, orders, costs (including costs of attorneys and experts), and expenses arising from or relating to (i) the actions or omissions of Seller, its agents, employees, representatives, contractors or invitees relating to the offer and actual sale of the rice Seller places on the Website, and (i) the actions or omissions of a buyer, its agents, employees, representatives, contractors or invitees relating to the offer, sale and delivery of the rice from Seller to the buyer.
  4. Counter Offer. A buyer may offer to purchase Seller’s rice at a price less than the stated price, which counter-offer shall be made on the Website. When a counter offer is made, the Website will notify Seller of the counter offered price, and Seller shall have until 5:00 p.m. of the last day that the buyer’s counter offer is stated to be effective.
  5. Compensation. Website will not charge Seller any commission or fee for listing the rice on the Website.
  6. Fees and Assessments. Buyer as first in-state handler of the rice will be responsible for and pay all assessments by the California Rice Commission and any other fees or assessments on the rice.
  1. ARBITRATION. Any claim or controversy arising out of or relating to this contract, or the existence, validity, or breach thereof, shall be submitted to arbitration under and finally settled in accordance with the rules of the USA Rice Millers' Association arbitration committee governing on the effective date of this contract. Both parties agree that the prevailing party in any claim or controversy resolved by arbitration shall be entitled to recover its actual legal fees from the opposing party. Judgment upon the award rendered by the arbitrators may be entered by any court of competent jurisdiction.
  2. NOTICES. Except as otherwise expressly provided by law, any and all notices or other communication required or permitted by this Agreement shall be in writing and shall be deemed duly served and given when sent via electronic message to the party’s email address set forth below Website: info@calriceinfo.com
  3. Seller: Seller’s email address provided in Seller’s Login to the Website.

EXECUTION

The Seller has agreed to the above terms and conditions and has executed this Agreement on the date Seller logs in to the Website as a seller.

Rice Purchase Agreement

This is a Rice Purchase Agreement which dictates how You the registered user as a buyer, hereinafter referred to as "Buyer" may use the website, CalRiceInfo.com, hereinafter referred to as the "Website" to purchase rice for Sale. CalRiceInfo.com is not a broker, and in this case, is acting as a posting board for Buyer to purchase rice for sale from any Sellers. The final agreement is between Buyer and Seller and should be considered legally binding. Website is a third party and does not provide any guarantee that Buyer or Seller will act; but does provide a binding email stating the two parties have agreed with the most up to date information.

RECITALS

The Website provides a venue where rice producers can list rice for sale at a stated price.

It is the intention of the parties that the Buyer will have the opportunity to purchase rice for sale on the Website.

AGREEMENT

NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants and conditions contained herein, the parties, intending to be legally bound, hereto agree as follows:

  1. PURCHASE RICE.
  1. In General. Buyer may accept a Website seller’s offer to sell rice but selecting that rice, at which time a binding sale has occurred which Buyer is obligated to complete.
  2. Terms and Conditions.
  3. Buyer may request that the Website provide additional information about the rice listed for sale, which information the Website will use its best efforts to provide.
  4. Buyer may offer to purchase one or more lots of rice offered on the Website at a different price than listed, which price will be posted on the Website. This counter offer will be effective until 12:00 a.m. of the day of the counter offer, unless Buyer notifies Website that it is to remain effective for a longer period.
  5. Buyer must select the Website’s option “Purchase” in order to close the sale.
  6. Website will notify Buyer of the seller’s identity upon sale closing. Buyer and the seller will then do all acts necessary to transfer title to Buyer.
  7. Upon sale closing, Buyer will be solely responsible for providing the funds necessary to redeem the rice if under CCC loan or similar loan/option arrangement. If not under CCC loan, the buyer shall pay in addition to the sale price the CCC loan equivalent together with the purchase price, provided not in farm storage. If the rice is in farm storage, the buyer will pay Buyer the CCC loan equivalent on shipment and determination of grade.
  8. Any settlement of quality and quantity between Buyer and a licensed warehouse will be made consistent with the California Warehouse Associations Standard Operating Agreement.
  9. Buyer’s Indemnification. Except to the extent proximately and solely caused by the willful misconduct of the Website, Buyer shall indemnify, defend and hold the Website, its officers, members, owners, directors, agents, employees, representatives, successors and assigns harmless from and against any claims, liabilities, losses, judgments, orders, costs (including costs of attorneys and experts), and expenses arising from or relating to (i) the actions or omissions of Website, its agents, employees, representatives, contractors or invitees relating to the offer and actual sale of the rice Buyer places on the Website, and (i) the actions or omissions of Buyer, its agents, employees, representatives, contractors or invitees relating to the offer, purchase and delivery of the rice from a seller to Buyer.
  10. Compensation. Website will not charge Buyer any commission or fee for listing the rice on the Website.‍
  11. Fees and Assessments. Buyer if first in-state handler of the rice will be responsible for and pay all assessments by the California Rice Commission and any other fees or assessments on the rice. If Website is first in-state handler, Buyer shall reimburse Website for any fees or assessments paid by Website on the rice Buyer purchases.‍
  12. ARBITRATION. Any claim or controversy arising out of or relating to this contract, or the existence, validity, or breach thereof, shall be submitted to arbitration under and finally settled in accordance with the rules of the USA Rice Millers' Association arbitration committee governing on the effective date of this contract. Both parties agree that the prevailing party in any claim or controversy resolved by arbitration shall be entitled to recover its actual legal fees from the opposing party. Judgment upon the award rendered by the arbitrators may be entered by any court of competent jurisdiction.‍
  13. NOTICES. Except as otherwise expressly provided by law, any and all notices or other communication required or permitted by this Agreement shall be in writing and shall be deemed duly served and given when sent via electronic message to the party’s email address set as: info@calriceinfo.com
  14. Buyer: Buyer’s email address provided in Buyer’s Login to the Website.

EXECUTION

The Buyer has agreed to the above terms and conditions and has executed this Agreement on the date Buyer registers on the Website as a Buyer.