General Conditions for the Feed Industry
- These General Conditions apply to all agreements, whatever their designation, entered into by a manufacturer of or dealer in feed, premixes and milk replacers, member of the Nether-lands Feed Industry Association in Rotterdam, hereafter referred to as ‘The Member’. The Member’s employees can also call upon these conditions, as can third parties brought
in by the Member. General conditions of customers are not accepted by the member.
- If, owing to circumstances beyond his will or through no fault of his own, the Member is unable to live up to an agreement or to do so adequately or on time, this is considered a case of force majeure on behalf of the Member. In such a case, the Member is not liable for the damages due to late, inadequate, or non-compliance of the agreement.
Force majeure is in any case understood as not being able to deliver due to extreme weather conditions, which makes transport by road temporarily impossible, fire in the production facilities or the inability to supply specific goods due to market conditions, such as scarcity.
- In the case of delivery at the expense of the Member, the delivery is at the expense and risk of the customer from the moment of unloading. Specified or agreed delivery times are never to be regarded as a deadline, unless expressly agreed otherwise. The Member is entitled to deliver in parts.
a. If a contracting party objects to the way in which the agreement has been carried out by the Member, such party shall immediately inform the Member thereof in writing on delivery of the product or after rendering of the service or on completion.
b. If flaws come to light at a later point in time only, objections shall be communicated to the Member in writing within a seven day period following the event.
c. If no objections have been communicated in writing in a timely manner, it is assumed that the Member has performed adequately.
d. Deviations and differences of delivered goods that fall within reasonable production or weight tolerance according to commercial practices or according to traffic conceptions are inherent in natural products do not count as shortcomings.
- Payment to the Member must be made at the latest before or on the date stated on the invoice, without set-off, discount and / or suspension, by payment to the bank account number specified by the Member. If the full amounts have not been paid by the due date at the latest, the customer is legally in default without further notice of default. From that moment on, the customer will owe statutory commercial interest over the principal sum and the customer will be obliged to reimburse all extrajudicial and judicial costs to be collected.
- The Member reserves the right of ownership for goods delivered by him. If an invoice issued by the Member and referring to goods delivered or services rendered is not paid ontime or if the Member has a claim against the other party because of failure to observe an agreement, the Member is authorized to ask back what has been delivered and claim it as his property.
- If damage ensues connected to the implementation of any agreement with the Member, the following applies:
a. If damage was caused due to a product that has not been subjected to processing by the Member or due to a binding government action or due to services and/or advice that have not been charged, the Member is not liable for such damages.
b. If damage was caused by the Member’s faulty processing or manufacturing of the product, by a faulty service or by incorrect advice, Member liability is limited to the expense charged, however not exceeding a maximum of € 45,000 (forty-five thousand euros).
Consequential damage is any damage immediately and exclusively resulting from the use of the product according to its nature and purpose. Consequential damage is considered to be included in the damage described under b of this article.
The joint claims of various contracting parties due to damage as described under b of this article, resulting from one and the same cause, are limited to a maximum of five times
€ 45,000 (forty-five thousand euros), to be divided in proportion with every party’s individual claim, in keeping with the stipulations under b.
- Any legal claim for compensation on account of Member liability in the matter of flaws in goods delivered or services rendered, shall become out-of-date one year after the time of delivery.
- Dutch law applies to all agreements entered into with the Member. It is not possible to ap-peal to the Vienna Convention on International Sale of Goods. Only the judge based in the town of the Member’s main office is competent to take cognizance of disputes.