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  • 7.12.2-ARBITRATION-QUALITY ARBITRATIONS

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  • Quality arbitrations

     
     

    The GCA contract stipulates that:

    Coffee shall be considered accepted as to quality unless within 15 calendar days after discharge of the coffee, or within 15 calendar days after all Government clearances have been received, whichever is later, either:

    1. Claims are settled by the parties to the contract, or
    2. Arbitration procedures have been filed by one of the parties in accordance with the provisions of the contract.

    If neither 1. nor 2. has been done within the stated period, or if any portion of the coffee has been removed from the point of discharge before representative sealed samples have been drawn by the GCA, in accordance with its rules, seller's responsibility for quality claims ceases for that portion so removed.

    To initiate a quality arbitration, the claimant must submit a signed and notarized demand for arbitration in triplicate explicitly setting forth the precise complaint(s) in detail on GCA form A-2. This must be accompanied by the original contract, a sampling order to the order of the GCA, and the requisite arbitration fee. When GCA receives the defendant's answer it copies it to the claimant, who may either file a reply with GCA or allow the arbitration to proceed in accordance with the original submission. All arbitration forms are available from www.green-coffee-assoc.org.

    On receipt of the arbitration demand, the defendant responds by filing their signed and notarized answer in triplicate on GCA form B-2, together with the requisite fee. This answer must be filed with GCA within five business days from receipt of the arbitration demand if the defendant's office is located in New York City. If the defendant's office is not in New York City, the GCA Secretary can, at his or her discretion, extend any time requirement beyond that prescribed to give the defendant an equivalent period to that allowed to a resident.

    If the claimant files an answer to the defendant's reply, the defendant can file an additional response or they can allow the arbitration to proceed on the basis of their original answer.