Alaska Peony Farms Producing Farm

Terms and Conditions.

 

 

This website is owned and operated by Cool Cache Farms, LLC DBA Alaska Peony Farms. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers to farms, which meet our minimum peony quality standards, an inventory management system, a point of sales and invoicing system, and access to our buyers. By accessing or using the website of our service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions as outlined below.

 

Alaska Peony Farms Terms and Conditions

 

1. DEFINITIONS 

 

For purposes of this Agreement:

1. The term “AGREEMENT” shall mean this contractual document, all attachments thereto, and the relationship defined within the Non-Exclusive Broker Agreement accepted between the PRODUCTION FARM and BROKER.

2. The term “PRODUCTION FARM” shall mean the Individual, Farm, Company, Co-op or Sales Group seeking the marketing, sales, products, services, and agency provided under contract by the BROKER for the brokerage and wholesale sales of Alaska peonies produced by PRODUCTION FARM.  All services and transactions are business to business and not end-consumer transactions.

   1. PRODUCTION FARMS will be classified into two levels of membership. General membership is the first level, and is free. The second level of membership is Premium Membership and it has two fees. There is an one-time setup fee of $150. Once it is setup, there will be a subsequent $49  annual renewal fee. Both memberships are qualified for all brokerage services related to the BROKER'S sales and VENDOR services. Premium Member PRODUCTION FARM fees pay for the setup and yearly maintenance of a private white page POS and inventory services.

3. The term “BROKER” shall mean ALASKA PEONY FARMS, the Company providing intermediary marketing and sales, products, services, and agency, to PRODUCTION FARM offering Alaska-Grown peony flowers for wholesale.

4. The Agreement Documents include this agreement and the PODUCTION FARM Contract hereto, the terms and conditions posted on the ALASKA PEONY FARMS website/point of sale system, and any other subsequent written agreements and modifications entered into between Broker and Production Farm.  In the event of ambiguity or conflict between documents, this agreement and its attachment, and any written later modifications  to this agreement shall take precedence.

5. This agreement is non-exclusive. Broker will offer for sale the products of the PRODUCTION FARM. PRODUCTION FARM is free to sell to third-party purchasers, and also through other brokers, who have not been solicited or otherwise developed by Broker.

6. The term “FARM-DIRECT” shall mean an agribusiness relationship and process where products are shipped via the straightest line possible from the PRODUCTION FARM to the WHOLESALE BUYER. ALASKA PEONY FARMS has no responsibility for the actual production, order-to-order quality control, packing, or shipment of “Farm-Direct” Alaska peonies, which are solely the responsibility of the PRODUCTION FARM.

7. The term “PROPRIETARY INFORMATION” shall mean WHOLESALE BUYER or other sales leads and customer contacts and lists, sales techniques, collateral and marketing materials, databases on potential WHOLESALE BUYERS, third-party shipping offers and agreements, routes and techniques, contact and referral persons, funding sources, business and relationships,  Quality Control and Standard Operating Procedures (SOPs),  and other information which are proprietary to the BROKER and protected as the BROKER’S property.

8. The term “VENDOR” shall mean a third-party provider contracting with the BROKER to provide PRODUCTION FARMS industry-specific support, services, and value-added products including without limitation web and other Internet presence, web techniques and programming and/or financial transaction processing, point of sale (POS) and other Wholesale Buyer and communication facilities and software interfaces.

9. The term “WHOLESALE BUYER” shall mean all referred WHOLESALE BUYERS who:

   1. Contact ALASKA PEONY FARMS regarding the availability and purchase of peonies  and/or who make unsolicited purchases of peonies through the ALASKA PEONY FARMS Internet presence or who otherwise enter into a wholesale purchasing-agreement with the PRODUCTION FARM, or who were initially identified, solicited and referred to the PRODUCTION FARM, by the BROKER. This term excludes Wholesale buyers who in good-faith were not otherwise were previously identified, contacted, or solicited by BROKER prior to PRODUCTION FARM entering into this agreement, or are referred by the PRODUCTION FARM to the BROKER, as a means to take advantage of the expanded peony inventory availability and selection offered through the BROKER’S services and partnering VENDORS.

 

2. ENGAGEMENT 

 

PRODUCTION FARM hereby engages BROKER as a non-exclusive marketing representative of the PRODUCTION FARM.

1.  The PRODUCTION FARM shall provide BROKER with complete and accurate electronic information concerning the PRODUCTION FARM’s products, quality,  color and expected life of listed offerings, price offerings, and available stem inventory, for the BROKER’S use in soliciting prospective WHOLESALE BUYERS. 

2. The PRODUCTION FARM will will promptly and accurately post available all “Products Available for Sale,” to the BROKER’S web-based Inventory and Point of Sale System.

   1. “Products Available for Sale,” are defined as any saleable-product in the PRODUCTION FARM’S physical inventory, whether product remains unpicked in the field, or has been harvested and is awaiting sale in the PRODUCTION FARM’S Packhouse(s) and/or Cooler(s).

3. PRODUCTION FARM shall be obliged to accept and fulfill the sales request of any WHOLESALE BUYER verified and referred by the BROKER, once a WHOLESALE BUYER has agreed to the BROKER’S terms and conditions, and conditions and has completed the online ordering process.  

   1. Sales requests will be honored by the PRODUCTION FARM on a “First-in First-out,” basis as such orders occur by the date and timestamp listed on the order email notice and confirmation.

4. The PRODUCTION FARM will process and ship orders FARM-DIRECT in accordance with current product quantity and the BROKER’S Standard Operating Procedures (SOP) to ensure quality and prompt service to all WHOLESALE BUYERS. PRODUCTION FARM shall abide by and comply with all instructions, terms and conditions of BROKERAGE representation.

 

In its dealings with any and all buyers referred by ALASKA PEONY FARMS or otherwise utilizing ALASKA PEONY FARMS’S services and on-line ordering, PRODUCTION FARM will always adhere to best practices and will comply with the Covenant of Good Faith and Fair Dealing implied in all contracts as a matter of Alaska law, and further comply with all mandatory  state and federal requirements involving agribusiness, interstate commerce, and fair trade practices. PRODUCTION FARM will jointly cooperate to endeavor to amicably resolve all WHOLESALE BUYER disputes or difficulties.  

 

Under this AGREEMENT the BROKER accepts the PRODUCTION FARM’S request to act as the PRODUCTION FARM’S non-exclusive marketing representative.

1. The BROKER will make commercially reasonable efforts work to identify, solicit and recruit REFERRED WHOLESALE BUYERS to enter purchasing-agreements  involving with the purchase of PRODUCTION FARM product. 

2. The BROKER shall make commercially reasonable efforts to identify and solicit prospective WHOLESALE BUYERS using the BROKER’S website, social media site(s), and contacts generated through Trade Show participation and telemarketing activities.

3. For a $150 setup fee, and a $49 renewable annual fee, BROKER will provide the PRODUCTION FARM a web-based inventory management system and a private online store (POS) platform, along with back-office tools, and ongoing technical assistance in accessing and using the BROKER’S menu of standard and custom service and product options. 

4. The BROKER cannot assure that all of the PRODUCTION FARM’S then-available product will be sold nor upon any specific terms and conditions, as such matters are affected by market conditions beyond the BROKER’S control as well as by the PRODUCTION FARM’S product availability,  and quality, and its prior track record, efficiency or timeliness in uploading product inventory, and/or buyer reviews, etc.

5.  PRODUCTION FARM will comply with all federal and cross-jurisdictional requirements and shall be directly responsible for the direct payment of taxes, if any, imposed by either the shipping or the receiving jurisdictions

 

3. RELATIONSHIP BETWEEN THE BROKER AND PRODUCTION FARM 

 

The relationship between the BROKER and PRODUCTION FARM shall be that of independent and separate businesses .  The BROKER shall not be deemed an employee of PRODUCTION FARM.  The PRODUCTION FARM shall not be deemed an employee of the BROKER.  The BROKER shall serve solely as a third-party intermediary service provider connecting the PRODUCTION FARM to potential WHOLESALE BUYERS, and offering products and support designed to help the PRODUCTION FARM achieve marketing and sales success.

 

The BROKER is responsible for recruiting and managing third-party service providers (VENDORS), third-party product agreements and contracts; for payment to vendors of the firm’s association affiliate and membership dues, monthly software and web-site service fees, expo booth and participation fees; and for purchasing and maintaining Professional Liability and Electronic Liability and Security Insurance.

 

The BROKER is responsible for website and social media content management, providing technical assistance and support to PRODUCTION FARMS and WHOLESALE BUYERS using the broker’s digital resources and tools, and recording and managing RPRODUCTION FARM and WHOLESALE BUYER website Stripe payment system accounts.

 

The BROKER will from time-to-time develop, publish and distribute provide suggested best practices and Standard Operating Procedures (SOPs) to PRODUCTION FARM for their application and use in meeting the broker’s required quality assurance standards and requisite 100% PRODUCT SATISFACTION GUARANTEE (found in Attachment Appendix A  to this agreement, which is made a part of this agreement by reference).

 

The BROKER may at its sole discretion, from time-to-time, review, further develop, and update the BROKER’s membership requirements, terms and conditions, and membership and sales-commission fee structure; providing information concerning these revisions, whether by email or other digital notice, including but not limited to brokerage newsletters and Blog posts on the BROKER website, U.S. Postal Service, courier; by face-to-face contact between an agent of the BROKER and the PRODUCTION FARM, or by contact in-person through a scheduled and previously announced meeting, teleconference, video-conference, or webinar. Changes will be made available for PRODUCTION FARM review, questions and feedback 15 days prior to implementation and will not change or impact any standing BROKER and PRODUCTION FARM agreements currently held in affect, without the express written consent of each included party.

 

The BROKER has authority to contract on behalf of or to otherwise bind the PRODUCTION FARM to honor and fulfill web orders made in accordance with the terms specified in this AGREEMENT, but not further.  PRODUCTION FARM agrees to be bound.

 

The PRODUCTION FARM, shall participate in brokerage training on best practice uses of the BROKER’S online inventory, Point of Sale, OS and payment management software and systems. Furthermore, PRODUCTION FARM,  at their sole-discretion and initiation will identify daily product availability and pricing, and enter offered products into the broker’s third-party inventory, POS and payment processing system.  PRODUCTION FARM will regularly check the web site at least two times each day during the production and sales season and take any actions necessary to ensure  that all posted information remains accurate and complete.

 

The PRODUCTION FARM will apply in good-faith all Standard Operating Procedures provided by the BROKER as listed on the bottom of this AGREEMENT and on the STANDARD OPERATION PROCEEDURES webpage on this website, and cooperatively work with the BROKER to address, mitigate or correct any issues which may arise through the course of product harvest, processing, cooling, packing, shipping or completion of a WHOLESALE BUYER order.

 

The PRODUCTION FARM will report any brokerage system problems or failures directly to the BROKER as soon as those problems or failures are observed or recognized.

 

4. NON-COMPETITION AGREEMENT

 

The PRODUCTION FARM enters into this AGREEMENT with good-faith and understanding that the processes, products and services offered at the BROKER’S expense constitute a system of training, support, marketing and sales developed and put into commercial effect by the BROKER at the BROKER’S expense and effort and that , all of which are such  BROKER-developed information disclosed or otherwise ascertained by PRODUCTION FARM in the course of dealings is PROPRIETARY INFORMATION all of which is the are protected intellectual property of the BROKER and shall not be separately used or disclosed by the PRODUCTION FARM.

 

The PRODUCTION FARM agrees WHOLESALE BUYER relationships secured through BROKER solicitation, referral or expense are the property of, and proprietary to, the BROKER for the duration of this AGREEMENT, and for two (2) years after the termination of any contractual relationship between the BROKER and the PRODUCTION FARM and that PRODUCTION FARM shall not act to the detriment of such relationships.

 

The PRODUCTION FARM agrees PRODUCTION FARM shall not solicit any WHOLESALE BUYER secured through BROKER solicitation, referral or expense; or offer to any WHOLESALE BUYER of the BROKER any service or product which competes with those offered by the BROKER from the time the WHOLESALE BUYER enters into a relationship with the BROKER by accepting the BROKER’S terms and conditions, until not less than two (2) years following termination of this AGREEMENT or its continuation.  

 

In the event the length of time, type of activities, or other restrictions set forth in this AGREEMENT are deemed unreasonable in any court or arbitration proceeding, the parties agree the court or arbitrator may reduce such restrictions as the court or arbitrator deems reasonable to protect the property and interests of BROKER as contemplated herein. 

 

5. BROKER’S COMPENSATION    

 

The BUYER shall pay the BROKER’S commission for any sales made. There are no fees associated with General PRODUCTION FARM membership.

Premium PRODUCTION FARM  Membership Fees consist of one-time Online Store set-up fee, and a $49.95 annual  maintenance fee. The initial fee shall be immediately directly paid by PRODUCTION FARM to the Broker BROKER at the time of signing the PRODUCTION FARM contract.

 

6. TERM OF AGREEMENT

 

PRODUCTION FARM or BROKER may terminate this AGREEMENT at any time, with 15 days written notice and without cause. Upon termination of this AGREEMENT, the parties shall be excused from the duties and obligations set forth in “Section 2. Engagement.” All other rights, duties, obligations to include pending shipments, terms and conditions of this AGREEMENT shall remain in in full force and effect.

 

Should the PRODUCTION FARM wish to terminate this AGREEMENT prior to its renewal date, all dues paid to the BROKER will be non-refundable.

 

7, NON-DISCLOSURE OF PROPRIETARY INFORMATION AND CONFIDENTIALITY

 

PRODUCTION FARM acknowledges that BROKER has developed and will develop PROPRIETARY commercial contacts, relationships, customer and prospect lists and INFORMATION, software, and computer systems. This PROPRIETARY INFORMATION has been developed through significant experience and at substantial risk, cost and investment to BROKER.  Theis PROPRIETARY INFORMATION is   confidential, would be valuable to competitors of the BROKER, and is not readily available in substantially this form to competitors of BROKER from other sources. In the performance of his or her duties and responsibilities, the PRODUCTION FARM will be given access to the PROPRIETARY INFORMATION and will be involved in further development of PROPRIETARY INFORMATION. The PRODUCTION FARM acknowledges the PROPRIETARY INFORMATION was not known nor otherwise available to, or offered as a package to, the PRODUCTION FARM prior to its engagement of the BROKER.  

 

The PRODUCTION FARM agrees to not disclose, use, or allow others to obtain or use any PROPRIETARY INFORMATION except in the course of performance of the PRODUCTION FARM’S duties and responsibilities as one of the BROKER’S approved PRODUCTION FARMS. The PRODUCTION FARM shall take all necessary actions, including those directed by the BROKER, to insure the confidentiality of the PROPRIETARY INFORMATION. During the term of this AGREEMENT and upon termination hereof, the PRODUCTION FARM shall not disclose, use, or allow others to use any PROPRIETARY INFORMATION and shall return all such written information to the Broker and irrevocably delete any electronically stored proprietary information.

 

 8. GOVERNING LAW

 

This AGREEMENT shall be governed by and construed solely in accordance with the laws of the State of ALASKA. Venue for resolution of all disputes shall be in the Soldotna-Kenai area of Alaska. 

 

 

 

9. DISPUTE RESOLUTION

              

 Any unresolved dispute arising between the PRODUCTION FARM or BROKER will be resolved through Binding Arbitration in accordance with Alaska Statute 09.43. The parties agree that they shall select as arbitrator, upon mutual agreement of candidacy, a retired Alaska Superior Court Judge offering these arbitration services.  The

PRODUCTION FARM and BROKER shall each pay fifty percent (50%) of the Arbitrator’s fee.

 

 

10. LIMITATION OF LIABILITY

 

Acting as an intermediary agency connecting PRODUCTION FARMS and WHOLESALE BUYERS, ALASKA PEONY FARMS offers a variety of standard and optional products and services identified and selected for their specific utility and value as cost-saving or revenue generating tools. ALASKA PEONY FARMS offers its agency, products and services, without requiring the PRODUCTION FARM to provide THE BROKER marketing exclusivity aside from the terms identified in this agreement. In

 

The PRODUCTION FARM  agrees that a variety of factors such as, but not limited to, variations in weather, competition by other producers and broker, seasonal weather and market conditions, force majeure or other Act of God, market conditions and  trends, PRODUCTION FARM'S track record, supply levels, market demand, Internet outages (whether local, general or vendor-specific) and the general political and regulatory climate,  are inherent and potential risks which may adversely impact the salability of the PRODUCTION FARM’S product.  None of the above circumstances, nor any similar circumstances not specifically mentioned above, shall be the basis for any claim, damage, or cause of action by Production Party against ALASKA PEONY FARMS and PRODUCTION FARM hereby waives all damages, claims, and causes of action arising in connection with the above and releases BROKER from any such claims, damages, and causes of action.

 

By entering into signing this AGREEMENT, the PRODUCTION FARM accepts ALASKA PEONY FARMS’S agency, services and products on an, “As-is,” and, “Where-is,” basis and hereby releases ALASKA PEONY FARMS  from  any and all liability, damages, and causes of action for any and all reasons except were such claims or damages arise as direct result of the gross negligence or intentionally wrongful act of ALASKA PEONY FARMS. The PRODUCTION FARM also agrees uncontrollable or otherwise confounding factors such as, but not limited to, variations in weather, seasons, market trends, supply levels, market demand, and the political and regulatory climate, represent inherent and potential market risks which may adversely impact the salability of the PRODUCTION PARTNER’S product; and are not the responsibility of ALASKA PEONY FARMS.  

 

Except as the parties may otherwise later agree in writing, the PRODUCTION FARM understands and agrees ALASKA PEONY FARMS shall not be liable for any is not responsible for the performance or non-performance by any BUYER with respect to any transaction or any electronic or other system, whether offered by ALASKA PEONY FARMS or otherwise, that PRODUCTION FARM employs to enter into any transaction and hereby releases ALASKA PEONY FARMS APB from any such damages, claims, and causes of action..

 

THIS AGREEMENT DOES NOT CREATE ANY THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED.

 

Further, ALASKA PEONY FARMS provides intermediate point of sale and financial settlement services and is NOT only considered a limited- a party to any Agreement between any PRODUCTION FARM and any WHOLESALE BUYER. However, in the specific case instance in which a WHOLESALE BUYER refund request has been approved under the terms and conditions of the PRODUCTION FARM’s 100% PRODUCT SATISFACTION GARAUNTEE (per Appendix Attachment A), THE PRODUCTION FARM will return its full portion of payment received in direct relation to the amount of the claim. ALASKA PEONY FARMS shall return its commission on the refunded sale to the WHOLESALE BUYER so as to make that buyer whole.

 

In the event that PRODUCTION FARM should default or otherwise fail to perform upon any contract with WHOLESALE BUYER and should any claim, damage, suit, or cause of action be asserted against BROKER by any wholesale buyer or other third-party, then defaulting PRODUCTION FARM shall defend, indemnify, and hold BROKER harmless against such claims, damage, suit or cause of action including without limitation refund and WHOLESALE BUYER’S commercially reasonable costs of cover.

  

ALASKA PEONY FARMS specifically disclaims all liability for any loss, cost or damage of any type or nature arising from or relating to the PRODUCTION FARM’S use of any system, service or product furnished by a VENDOR, if any, for transactions, unless directly caused by ALASKA PEONY FARMS'S gross negligence or willful misconduct. Without limiting the foregoing, neither party to this AGREEMENT shall be required to pay or be liable to any the other party for any consequential, indirect or punitive damages, opportunity costs or lost profits (whether or not arising from its negligence, gross negligence or willful misconduct) and liability for such damages are hereby releases and waived by each party to this agreement.

 

11. SEVERABILITY OF INVALID PROVISIONS   

 

Should any provision of this AGREEMENT be determined by a court of competent jurisdiction to be invalid or which is prohibited or unenforceable as a matter of law, in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such determination  or prohibition or unenforceability without shall not invalidate invalidating the all remaining provisions hereof of this agreement, which shall remain in full force and effect, and. A any such determination of invalidity or prohibition or unenforceability in any jurisdiction shall be deemed as  not invalidating or rendering unenforceable such provision in any other jurisdiction where such provision is not deemed to be invalid or unenforceable.    

  

12. INTEGRATED AGREEMENT, AMENDMENT 

 

This AGREEMENT constitutes the entire AGREEMENT between the BROKER and PRODUCTION FARM concerning the subject matter hereof.  All prior and contemporaneous agreements between the BROKER and PRODUCTION FARM, oral or written, concerning the subject matter hereof are rescinded.  This AGREEMENT may not be amended or altered except in writing signed by the party to be charged.

 

13. QUALITY ASSURANCE GOALS AND STANDARD OPERATING PROCEEDURES AGREEMENT

​

Each party to the AGREEMENT must make a demonstrated good-faith effort to assure the achievement of the following quality assurance goals:

1. Quality Assurance Goals of ALASKA PEONY FARMS as they relate to the WHOLESALE BUYER are to offer an easily navigated, centralized electronic market-place, providing WHOLESALE BUYERS instant connection to ALASKA PEONY FARMS’S PRODUCTION FARMS; to their real-time inventory, varieties, volume and prices; and to assure reliable and consistent delivery of a premium-quality product that arrives on time, in excellent condition, and meets or exceeds the WHOLESALE BUYER’S expectations.

2. Quality Assurance Goals of ALASKA PEONY FARMS as they relate to the PRODUCTION FARM are to:

   1. Provide PRODUCTION FARM access to exclusive member products, services, representation and benefits designed to maximize their success;, and the quality and related profitability of their products, within Alaska and the broader global Peony marketplace.

   2. Offer member products, services, representation and benefits through an affordably-priced, non-exclusive marketing and sales agreement, allowing PRODUCTION FARMS the freedom to pursue other marketing and sales strategies, product and services, outside of the brokerage, pursuant to the conditions contained in Section 4 of the AGREEMENT.

By signing the AGREEMENT, PRODUCTION FARM agree here to adopt and apply the following guiding Standard Operating Procedures (SOP’s), and further affirms and agrees to honor the following statement:

PEONY SHIPMENTS ARE REQUIRED TO MEET THE WHOLESALE BUYER’S QUALITY AND PERFORMANCE EXPECTATIONS. IF A CUSTOMER IS DISSATISFIED, THEY MUST NOTIFY THE PRODUCTION FARM AND ALASKA PEONY FARMS. NOTIFICATION MUST OCCUR WITHIN 12 HOURS OF RECEIPT OF THE ORDER AND CONTAIN AN ATTACHED CUSTOMER SUBMISSION OF AT LEAST  THREE (3) PHOTOS WHICH WERE TAKEN UPON DELIVERY OF THE ORDER,  AND WHICH GLOBALLY DOCUMENT AND SHOW THE OVERALL PRODUCT FAILURE IN QUESTION. ONE PHOTO MUST SHOW TO ENTIRITY OF THE PROBLEM. UPON BROKER AND PRODUCTION FARM RECEIPT OF A VALID CLAIM, THE PRODUCTION FARM WILL WORK TO REPLACE THE PORTION OR ENTIRE FAILED ORDER WITHIN 24 HOURS AT THEIR OWN COST, OR IN THE CASE OF A REFUND, W[LL WORK TOGETHER WITH THE BROKER TO REFUND THE PARTIAL OR FULL AMOUNT, (WHICHEVER APPLIES) THE BROKER’S COMMISSION AND PROVIDE A FULL REFUND OR THE PORTION OF THE SHIPMENT CLAIMED BY THE WHOLESALE BUYER TO THE WHOLESALE WHOLESALE BUYER. IF THE FAILURE IS DUE TO A SHIPPING DISRUPTION OR POOR QUALITY CONTROL BY THE SHIPPING COMPANY, THE PRODUCTION FARM WILL APPLY FOR THE INSURED AMMOUNT.

 

STANDARD OPERATION PROCEEDURES

1. Field management

   1. Select peony varieties that meet the market tastes and requirements.

   2. Maintain the proper nutrient levels by using soil tests every year.

   3. Provide adequate water to encourage proper bud size.

   4. Remove side buds early in season, to increase main bud size.

   5. Utilize an Integrated Pest Management system. Use natural and organic pest control when possible.

   6. Remove all peony stems and debris from the field at the end of the season.

   7.  

2. Harvest

   1. Buds will be harvested in a condition so they will open within one to three days of arrival.

   2. Stems will have a minimum length of 16 inches. (Variation maybe negotiated for shorter varieties.)

   3. When buds are harvested, they will be promptly placed in a cooler to remove the field heat within one and a half hours of harvesting.

   4. Harvest bud count will be entered daily, NLT (define NLT) 6:00 PM

3. Processing

   1. Process in a cool environment (at what maximum temperature?.

   2. Process peonies once the field heat has been removed.

   3. Process in a cool environment (suggested processing temperatures should range as close to 32.9  as possible).

   4. Inspect each peony to ensure they are disease and pest free, do not contain any reproducible invasive or noxious species and are in top quality condition.

   5. Remove no more than one leaves unless they are damaged.

   6. Group stems in a way that accommodatess inventory management.

   7. Place or rRe-place in cooler as soon as possible.

 

4. Sales/order taking

1. The PRODUCTION PARTNERPRODUCTION FARMS will check its email daily, early morning, midday, and early evening to check for orders that may have come in.

2. If the PRODUCTION PARTNERPRODUCTION FARM is contacted directly by any WHOLESALE BUYER(s) that originally contacted the PRODUCTION PARTNERPRODUCTION FARM through the services of ALASKA PEONY BROKERALASKA PEONY FARMS, the PRODUCTION PARTNERPRODUCTION FARM will process all orders received from these WHOLESALE BUYERS, through the ALASKA PEONY BROKERALASKA PEONY FARMS Point of Sale (POS) systemOS. (This rule applies for two years after the termination of any contract with ALASKA PEONY BROKERALASKA PEONY FARMS is made.)

3. When an order is received, contact the WHOLESALE BUYER by phone to confirm order details AND CONFIRM ALL ORDERS IN DETAIL BY RECEIPTED EMAIL TO BUYER,

4. Make tracking files to ensure timely processing of all orders. Suggested files are as follows: potential orders, pending orders, received orders to ship, shipped orders, re-shipped/refunded orders, cancelled orders.

5. Ensure the order is immediately pulled from the general inventory and reserved for the WHOLESALE BUYER.  In the case of orders placed through the F2World Shopping portal an update will occur automatically to any inventory listed in the Floral Sync Inventory Management System. IN THE CASE OF SALES OCCURING OUTSIDE APBAPF’S SOFTWARE SYSTEMS MAKE SURE TO IMMEDIATELY UPDATE YOUR INVENTORY IN APBAPF’S INVENTORY MANGEMENT SYSTEM (FLORAL SYNC)ON THE BROKER’S POINT OF SALE (POS) SYSTEM.

6. Buds for each order will include buds of all sizes, measuring one-inch or larger, unless otherwise specified by WHOLESALE BUYER.

7. WHOLESALE BUYER will be given a truthful evaluation of the quality and vase- life of specific varieties being considered at the time of the order.

8. Once the tested vase-life of harvested buds have fallen below 5 days the PRODUCTION PARTNERPRODUCTION FARM will notify the BROKERAGE concerning stem quality and provide the WHOLESALE BUYER this information when calling to confirm orders and any related details.

 

5. Storage

1. Buds best if they are dry stored at 33 degrees  (32.9   is optimal)Fahrenheit.

2. The temperature of the cooler is logged morning and evening every day.

3. Ensure adequate cooling- unit capacity, and limit large or frequent cooler air-exchange, to quickly return cooler to optimum temperature after door(s) are closed.

4. The cooler is closely monitored daily, for any quality control issues. Any arising issues will be noted in the cooler log.

5. When an order is received, the order is pulled from the general cooler inventory, and separated to a reserved inventory shelf/ shelf area, and labeled with the shipping order, to ensure the product is available at the time of the scheduled shipment date.

6. The reserved inventory shelves/areas are inspected every two to three days to ensure that the product is in excellent shape. Such inspection will be entered in the cooler log. Any quality issues that arise are dealt with immediately, and buds are replaced, as needed to maintain the correct number of buds to fill all reserved orders.

7. If a change in bud quality significantly alters the performance of the buds reserved for an order, the PRODUCTION PARTNERPRODUCTION FARM will notify the WHOLESALE BUYER  will be notified immediately by phone and/or email; and.  work with the WHOLESALE BUYER to exchange other variety(s) to fill the order, or refund the money.  the PRODUCTION PARTNERPRODUCTION FARM will advise the BROKER as promptly as possible to assist BROKER in finding alternate product to cover Buyer’s requirements.

8. Inventory is adjusted daily in the inventory management system, (Floral Sync) to reflect inventory changes through either removal through outside sales, expired product, or entry of newly harvested product.

9. Storage sanitation will be maintained through keeping the shelving, floors, and cooling unit clean and wiped down.

10. Newsprint shelf liners can be used to reduce moisture/metal to petal damage of stored bunches.

11. Cooler will be kept at 80 to 90 percent humidity.

12. Weekly bud vase-life trials need to be conducted on all varieties after two weeks in the cooler. When bud- life drops below 7 days, vase-life tests will be conducted every three days. PRODUCTION FARM will notify the BROKER and WHOLESALE BUYERS of reduced bud life of potential orders.

13. PRODUCTION FARMS will stop selling buds with less than 5 days of bud life, except for special requests by desperate WHOLESALE BUYER who are explicitly advised by Email about the reduced expected shelf-f life.

 

6. Foreign Sales

1. All foreign sales are considered, “Special Orders,” and as such must be coordinated on an individualized basis through the BROKER in order to assure proper shipping charges are assessed.

2. Foreign sales must go through the proper phytosanitary inspection, and then be isolated in a cooler that is separate from the general product cooler.

3. Shipping may require refrigerated trucking and storage of orders prior to being loaded on the airline/carrier that is transporting them overseas.

4. All other procedures apply.

 

7. Packing

1. All buds which are older than two (2) weeks will be hydrated between two and twelve hours prior to packing.

2.  Boxes and packing materials will be prepared no later than the afternoon/evening for the next day’s shipments.

3.  Packing will include a minimum of three (3) frozen gel- packs, with more for larger boxes, PRODUCTION FARM contact information,  ALASKA PEONY FARMS and , peony care instruction sheet unless not needed because of the Buyer’s experience.

4. Depending on the type of order placed (ie. large wholesale-order vs. small designer-order) packing will also include

5.  a combination of the following:

   • Shredded paper cushioning,

   • Newsprint wrapper

   • Extra cushioning material

   • Jab hooks and rubber bands, or zip-ties to prevent product shifting during shipment

   • PRODUCTION PARTNER contact information (excluded upon wholesaler request), peony care instruction sheet, Flower food packet(s)

6. See packing procedures sheet for guidelines.

7. Tape the box closed along all seams of the lid and bottom.

8. Combine boxes by taping them together to create one package, when possible.

9. Apply warning stickers for “Fragile”, “Do not freeze”, “Fresh Flowers” on the top of the box

 

8' Shipping

1. Print shipping labels using FedEx account.

2. INSURE ALL CONTENTS AT FULL VALUE.

3. Ship priority overnight shipping to ensure delivery is in the morning.

4. Arrive with enough time for the FedEx counter personnel to process the shipment, or have FedEx pick up order. Because it may result in a 24-hour delay, shipment pickup by FedEx may not be a good option is undesirable.  Delivery in-person directly to FedEx airport facility allows sufficient time to make the early plane.

5. If traveling long distances to make shipment, maintain the cold chain if possible. Consider using a TedsBox or refrigerated truck.

6. EMAIL THE TRACKING NUMBER TO THE WHOLESALE BUYER and ALASKA PEONY FARMS, the day of shipment, and check the order’s tracking on the day of delivery,

7. Call the WHOLESALE BUYER to verify receipt and condition of shipment.

 

1. Re-shipment

1. If a WHOLESALE BUYER rejects an order, determine the issue(s) by photos and a phone call, and determine if new product can be shipped in time to fill the order. Offer either re-shipment or refunding the price of the portion of the order that needs replaced. Contact ALASKA PEONY FARMS by email regarding the issue(s) surrounding the shipment.

2. Reship free of charge.

3. If product does not open in time for the event, after picture and phone call, offer to reimburse or replace.

4. Enter information as to cause, and a copy of the photos into the order’s records and place the records in the re-shipped invoice file. Send ALASKA PEONY BROKERALASKA PEONY FARMS a copy of this information as well.

5. If rejection of orders becomes a repetitive issue of more than two times, PRODUCTION FARM will request assistance from ALASKA PEONY FARMS and put into effect Broker’s commercially reasonable quality control and shipping recommendations.

 

1. WHOLESALE BUYER follow-up

1. Every WHOLESALE BUYER is contacted by the PRODUCTION FARM on the day of shipment arrival, and customer satisfaction will be noted in an order log.

2. ALASKA PEONY FARMS will contact each WHOLESALE BUYER at the end of the season to have the WHOLESALE BUYERs complete a season survey of the service provided by each PRODUCTION FARM.

3. All stems  must be in excellent shape condition, free from wilt, rot, damage and/or disease.

4. Stems must be a minimum of 16 inches in length, or longer if required by the WHOLESALE BUYER. Exceptions to length requirements may be used with approval of the WHOLESALE BUYER.