How can the seller prove the buyer received the invoice?
It is very easy for a buyer to dodge a seller’s trust protection by claiming it never received the invoice containing the trust language. But, the law only requires the seller to send the trust notice. Ideally, a seller should have written proof the invoice was sent to or received by the buyer. As a practical matter, the testimony of the employee who actually mails the invoice following the seller’s customary business practices should be sufficient to prove the invoice was sent. If a buyer appears to be in financial trouble, it would be prudent for the seller to send a copy of the invoice containing the trust language or a trust notice within 30 days after payment is due by a method which provides for a receipt, such as via fax or certified mail. If you transit invoices through EDI, the acknowledged receipt sent by the produce buyer or on the produce buyer’s behalf by an affiliated or third party computer service provider constitutes acknowledgment of such PACA notice, regardless of wh
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- How can the seller prove the buyer received the invoice?