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Tuesday, 2 October 1906


Senator CLEMONS - The agreement proceeds -

For all machines supplied in the Bordertown district, or in districts east or south of Bordertown, settlements may be made as for 1st March in lieu of 1st February.

A discount off " A " terms of £4. may be allowed to the purchaser if the full value of the machine is paid in cash within seven days of its starting.

The above prices are for a standard machine measuring not more than 4 ft. 9 in. between drum cheeks. An extra charge of £1 per tooth to be made for wider machines.

Each stripper-harvester is to be equipped with pole and 2-horse trees, or 4-horse swings and no pole, without extra charge, but no allowance to be made if pole and trees are not taken.

Attachments are to be charged extra for at not less than the followingprices : -

 

Delivery of all machines and the attachments therefor to the using purchaser in South Australia shall be f.o.b. at Adelaide or Port Adelaide, but the Gawler and Kapunda manufacturers have the right to deliver their machines at their own railway stations without extra charge to the users. All machines shall be "set-up" at the places where delivery is given. Any inland freights which may be advanced shall be charged to and collected from such using purchaser, and shall not be rebated.

Cash discounts and interest. - In all cases where payments are not made within 14 days of the day on which they are due, interest at the rate of not less than10 per cent. per annum must be charged for the additional time allowed after the due date.

In cases where the debtor desires to anticipate a part, or all, of payments to come due, a discount at the rate of not to exceed 10 per cent. per annum for the period for which the payment is anticipated, may be allowed on the amount paid in anticipation of the due date.


Senator Fraser - That is pretty hot.


Senator CLEMONS - Senator Fraser will notice that the word which is applicable to the payment of interest is' " may." The document continues -

Invoicing. - No machines referred to herein are to be booked or invoiced at less than "A" terms of this agreement.

The object of that provision is to safeguard the agreement that whilst they might charge more for these machines, they bound themselves not to charge less than the "A" price - that is the cash price - of £85.

Starting. - No allowance to be made to customers for starting machines.

4.   Each party undertakes and binds itself, its servants, employes, agents, and representatives to adhere strictly to the prices and terms herein set forth, except that any of the said parties may be at liberty to withdraw from this agreement on the expiry of ten days' written notice to each of the other parties of their intention to do so. provided that such notice be accompanied by reasonable evidence of a flagrant violation of this agreement by any of the parties hereto other than the one giving such notice, and that the accused party does not satisf actorily disprove within ten days of the receipt of the complaint. It is further understood and agreed that no party will take advantage of a trivial or technical violation for the purpose of withdrawing. Each party will, on demand by any other party hereto,give such party full information about any order for any machine covered by this agreement, which may be questioned, and free accessto all papers in its possession which may refer to any such order. Eachparty will also advise the secretary of any violation which occurs in its own business within forty-eight hours after it comes to its notice.

When all these people - I shall presently read the names of the signatories to the agreement - joined together for the purpose of exacting from the consumer as much as they possibly could for their machines, there was no obstacle placed in the way of each having access to the books of the others. That happy arrangement is no longer observed, as is evidenced by the fact that Mr. McKay declined to afford the Tariff Commission any opportunity to investigate his books, or to tender sworn evidence as to the actual cost incurred in the manufacture of his harvesters.

5.   No commission, rebate, or allowance of any kind on any other implement or goods, or in any form whatever, shall be granted on any customer's or agent's account, nor shall any bonus or present be given, or promise of any bonus or present be made by any of the travellers, employes, agents, or representatives of any party to this agreement under any circumstances as a means of evading the prices and terms herein provided or with the object of securing orders.

That is a very comprehensive order which bound all the parties to the agreement not to lose a single penny of the profit.


Senator Trenwith - There were to be 110 secret commissions.


Senator CLEMONS - The provision goes a good deal further than that.

6.   Each party shall, not later than ten days after the date on which this agreement comes into effect, lodge with the Secretary a sealed list of all unfilled orders it may at that time have in its possession, calling for the delivery of any of the machines referred to herein, and on which either the terms or prices are not in accord with those agreed to herein, such lists to be subject to the inspection of any party hereto on demand, and to show the date on which each order was taken, also the date on which it was received, the customer's name arid address, and the price and terms. A supplementary list of orders taken, on the West Coast only shall be filed seven days later than the first list in the same form and manner provided herein.

7.   It is agreed that on sales made after the dale hereof, 10 per cent, on the four months' price list is to be the maximum commission allowed or paid to any local agent for the selling of any stripper-harvester or attachment listed herein, except that any local agent who does give an outright order for not less than twenty stripper-harvesters at one time for delivery during the currency of this agreement may be allowed an extra commission of .5 per cent., provided he complies with all the provisions of this agreement. Each parly agrees that it will not allow commission to any farmer agent on any stripper-harvesters or attachments therefor purchased for his own use, or that of any member of his family until he has sold and settled for in accord with this contract at least Three hundred pounds worth of stripperharvesters and attachments, ' excepting only such agents as shall at the date hereof be under its usual Agency contract to the said party. It is further agreed to make the following damage clause a covenant in each contract entered into with the local agents : - " To pay the agent on sales or hirings, provided the company is satisfied that the agent has complied with the company's printed and written instructions, furnished to the agent in relation to the prices and terms of sales, hirings, shows, and interfering with orders under this agreement, a special commission of 2^ per cent, within 60 days after the expiry of this agreement."

With the exception noted, the sum of the said special commission, and the regular commission to local agents is not to exceed 10 per cent, as above provided.

8.   No party hereto shall either directly or indirectly approach the employ^ of any other party hereto with the object of inducing him to leave his employment, nor will any of the parties hereto engage or employ in any capacity the employe, servant, or agent of any other party hereto who has been dismissed for the violation of any of the conditions of this agreement, until consent to his Te-employment has been granted b'y a majority of the parties hereto, nor will they sanction any of their agents or representatives giving employment in any capacity to such dismissed servant, employe, or agent until consent has been granted, as provided herein.

I think there is a good deal of matter for consideration in that clause, but I will not comment upon it at present.

g.   No party either personally or through its employes or agent shall directly or indirectly influence or seek to influence any customer to cancel a bond fide order given to any other party, and will in all cases decline to supply goods on any order not taken in accord herewith.

10.   No second-hand machines are to be purchased, taken in trade, or in part payment for new machines, nor will any employe be permitted to arrange ' Hie sale or exchange of any second-hand machine, or be in any way connected with any such transaction. However, nothing in this covenant is to be construed to interfere with any party's right to sell' at any price and terms it may elect any machine that 1 it may have found necessary to genuinely repossess on a bad debt, or on account of a breach of warranty.


Senator Fraser - Tt was a very farreaching combine.


Senator CLEMONS - Yes. The agreement continues - -

11.   For the purpose of this agreement Mr. W. Norman will act as Secretary.

12.   No party to this agreement shall print or publish any advertisement or circular mentioning any other party or its goods either by name or inference. 12A. Nothing herein contained shall prevent any party to the agreement from selling at such prices and terms, as it may elect, any secondhand machines now in its possession, and of which a list similar to that referred to in clause 6 of this agreement shall be filed with the Secre tary within 14 days from this date.

13.   Each party hereto binds itself not to ex hibit during the term of this agreement in the State of South Australia, either directly, or through any agent, employe, or representative, any agricultural implement or farm machine of any kind at any show except the Adelaide September show, and not to exhibit at, or attend, any public field trial or working exhibition of agricultural implements; but it is understood that any party to this agreement may arrange and give a working exhibition of his own machines or implements if he so desires, and that agents and sub-agents will not be permitted to display samples of machinery on any show ground, or elsewhere in a show town on show days other than in their regular place of business, nor will any party 'hereto either directly or indirectly arrange with, to, or pay any local agent for visiting any show, or will any employe or representative (excepting local agents in their private capacity) be allowed to attend any show or competitive field trial, or to visit show town on the day prior to the show clays, or on the day following the show, nor will any party hereto make any allowance or donation either in cash or merchandise to or for any agricultural or horticultural society, or pay for any advertisements in the show catalogues.


Senator Trenwith - A very wise and proper provision.


Senator CLEMONS - There may be different opinions as to that.

Parties having depots in show towns may keep them open on show days, and the depot keeper may remain in the depot on show days, and the days preceding and following shows, but such depot keeper must not attend shows.


Senator Guthrie - Could he go out to lunch ?


Senator CLEMONS - The agreement proceeds -

As regards the September show at Adelaide, it is expressly agreed that if the authorities of the Royal Agricultural Society refuse to allow any of the parties to this agreement to occupy their usual allotments at that show, all the parties to this agreement will decline to make any exhibit.


Senator Playford - They do not exhibit at shows.


Senator CLEMONS - The agreement goes on -

While this agreement binds the Australasian Implement Company to make no donationor contributionto shows in its name, it is dis- tinctly understood that nothing contained herein shall prevent the G. P. Harris Scarf e and Co. Ltd. from making such donations.

14.   Eachparty hereto agrees that it will collect, in addition to the full list price of all repairs used, a minimum charge of 10s. per machine for each stripper-harvester repaired by it, and that in the event of the owner of any stripper-harvester neglecting to give it notice before the 1st June, 1905, of his wish to have his machine repaired, then the minimum charge shall be 20s. per machine. From this is ex- cepted all repairing done strictly in performance of its usual printed warranty. It is further agreed that the parties hereto shall issue not later than 30th April, 1905, a circular setting forth the above charges, and each party to mail a copy to each owner of its stripperharvesters in South Australia, whose address is known to it.

In witness whereof we hereunto attach our official signatures : -

H.   V. McKay.

T.   Robinson & Co. Pty. Ltd., per Jas. Moore.







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