44 BULLETIN" 1414, U. S. DEPARTMENT OF AGRICULTURE 



The buyer shall not unjustifiably reject fresh fruits or vegetables. Delay 

 in transit shall not of itself justify rejection unless a specific delivery date 

 has been contracted for. 



The buyer shall notify the seller by wire where possible, or notify the seller's 

 local representative, within 24 hours after shipment has been placed where 

 inspection is practicable, of refusal to accept a shipment or intent to file claim 

 and give reasons therefor (other than claim against the transportation com- 

 pany). Failure of such notice shall constitute acceptance; except that it 

 shall be proper to determine (as may be customary) shortage, waste, etc., of 

 particular commodities subsequent to unloading, and failure to notify the 

 seller or his representative, shall not in such circumstances serve as a waiver 

 of the buyer's right to file such proper claim. The buyer shall, however, be 

 required to notify immediately the seller or the seller's representative of any 

 condition which may cause unusual or excessive waste or shrinkage, and shall 

 unload the goods promptly in order to minimize such waste or shrinkage. In 

 the case of claims against shippers for failure to comply with the terms of 

 contract of sale as to grade, pack or condition, or involving excessive shrink- 

 age and waste, the buyer shall provide the seller with such records and com- 

 petent testimony as will serve to substantiate his claim. If the seller does 

 net allow the claim he shall promptly notify the buyer, stating his reasons 

 for declining the claim. ' 



Except as may be required for the proper inspection of the lading at the 

 car, the removal of the goods from the car by the consignee shall constitute 

 acceptance. In event that false or fraudulent loading or packing shall develop 

 during the process of unloading, the buyer shall immediately so notify (by wire 

 if possible) the seller or his agent. Acceptance of goods under such condi- 

 tions shall not serve as a bar to recovery under breach of contract. 



The shipment of products of uniform grade and quality is the 

 most important step a shipper can take to prevent rejections. Un- 

 der these conditions, the snipper is able to take a firm stand in the 

 event a shipment is rejected unjustifiably. An organization whose 

 shipments are uniformly satisfactory attracts the attention of the 

 best class of buyers, and is generally in a position to refuse to deal 

 with buyers who fail to meet their obligations. 



The handling of rejections is one of the most difficult tasks con- 

 fronting a sales manager. It calls for a combination of tact and 

 firmness. It is necessary, first of all, that the rights of the members 

 of the association be protected. The experienced sales manager, 

 however, will not assume an arbitrary attitude, but will give con- 

 sideration to the complaints of his customer and decide on the basis 

 of the evidence presented the extent to which they are justified. 

 Once having taken a position in the matter the sales manager should 

 be prepared to maintain it unless new facts are brought to his at- 

 tention. 



In handling adjustments and rejections, it is desirable to have 

 a report on the condition of the shipment made by a disinterested 

 agency. For many years, such a service has been offered in the 

 larger markets by private agencies. During recent years coopera- 

 tive associations and other shippers have depended largely upon the 

 inspection service furnished by the United States Department of 

 Agriculture. 



ADVERTISING 



In 1922, 218 fruit and vegetable associations reported that they 

 employed advertising of some sort. Of the total number advertis- 

 ing, 80 stated the amount spent. These figures showed a total of 

 $4,343,909. Of this total seven large organizations spent $4,018,034. 



Advertising to the trade and to the consumer are distinct types of 

 advertising employed by cooperative associations. Both aim to 



