Sales conditions

Scan-Pork sales conditions

1. Unless otherwise agreed in writing, Scan-Pork A/S’ terms and conditions apply to all transactions between Scan-Pork A/S and the Buyer.

   The conditions apply regarding:

• Pool trades
• Ongoing agreements
• Verbal agreements

1. All written agreements enter into force when both parties have signed the agreement, which can be contracts and the like. This also applies to verbal agreements, which are considered valid upon entering into the contract. Subsequent order confirmations are sent, which are considered valid.
2. Scan-Pork A/S’ Buyer is aware that Scan-Pork A/S has purchased the animals for the purpose of resale and thus has no knowledge of the condition of the animals, apart from the health status stated by the health status (SUS).
3. Requirements for deliveries: The number of animals, weight and average weight and health status will be stated on the order confirmation and at the verbal handover. The exact weight and average weight will be shown when loading animals onto the foreign buyer’s vehicle. For regular deliveries, the expected delivery date and period will also be stated.
4. Quality standards: Deliveries of piglets must be of good quality and be marked for transport, after inspection and approval by a veterinarian. The animals must fulfil the following requirements, unless otherwise stated: Piglets traded through Scan-Pork A/S are three-breed tail docked pigs. Piglets traded as “30 kg pigs” weigh from 25-35 kg on delivery and have an average weight of 29-32 kg, unless otherwise agreed. Piglets sold as “7 kg pigs” weigh from 6-10 kg on delivery and have an average weight of approximately 7 kg, unless otherwise agreed. Piglets with minor faults, open wounds, hernias and other faults are generally not accepted for export, but if possible they are traded according to current SPF rules or after further discussion. Cryptorchids and boars are not tradable unless agreed upon. Scan-Pork A/S has a duty to disclose all material facts on the health status (SUS). If the herd is not part of the health status (SUS) system, Scan-Pork A/S can request a blood sample for documentation of the health status upon entering into the agreement. Scan-Pork A/S is required to inform the Buyer if there is a change or suspected change in the official health status or other documented health status (SUS), Scan-Pork A/S is also required to inform the Buyer if there is an outbreak of disease in herds that can be expected to affect the value of the pigs for the Buyer, including in particular, but not limited to the following: Pneumonia, swine dysentery, sneezing sickness, as well as other conditions such as a high salmonella level or other disease outbreaks such as PRRS. If San-Pork A/S fails to fulfil this duty to disclose all material facts, this will be considered a material breach of the agreement and the agreement may be terminated with immediate effect.
5. In case of a change of the official health status or documented health status, from order to delivery, the Buyer has no purchase obligation. Similarly, the Buyer has no purchase obligation if the pigs become infected with oedema or other infectious diseases, both known and unknown. However, the Buyer is required to immediately inform whether the animals are still wanted.
6. Documents, earmarking, declarations. If piglets are sold through Scan-Pork A/S, the Scan-Pork A/S supplier must be in possession of a valid export declaration at the time of delivery from the local food region if it has been stated in advance that the pigs are to be exported. Furthermore, pool pigs and/or pigs for export must have approved yellow ear tags with the delivery herd’s CHR number.
7. Loading facilities: The Buyer is required to ensure proper unloading facilities – Access to and from the delivery and collection facilities must be possible on firm, well-drained, stable and even ground in all weathers. The area must be properly cleared of snow, ice, etc. It must be possible to manoeuvre the vehicle freely, and the driver must be able to move freely around the vehicle in connection with loading and unloading, and to otherwise ensure that the facilities meet the requirements in force at any time for loading and unloading to take place legally.
8. Terms of delivery: Unless otherwise agreed, delivery will be made as follows: Delivery at export centres: Delivery has taken place when the animals are on the export lorry and the tailgate is closed. When delivering at an intermediate station: Delivery has taken place as soon as the animal has arrived at the intermediate station. Delivery at the Buyer’s address: Delivery takes place upon unloading at the Buyer’s address. The Buyer bears the risk for any delays at the export centre or intermediate station and for faults occurring after the time of delivery. Scan-Pork A/S bears the risk of any accidental injury regarding unloading at the Danish export market. Scan-Pork A/S or a haulage contractor appointed by Scan-Pork A/S will be responsible for the transport. Transport is carried out in non-SUS-approved vehicles unless explicitly agreed otherwise.
9. Delivery/delay: The delivery date is to be agreed separately. Scan-Pork A/S endeavours to ensure that unloading takes place between 03:00 and 18:00. The exact unloading time will be announced no later than one working day in advance.
10. Complaints: As the Buyer will be familiar with the producer/seller of the animals, the Buyer has the opportunity to inspect them before/in connection with loading at the producer/seller. This must be done with a 72-hour quarantine from other pig pens and agreed in advance at least 5 days prior to loading. In the event of visible faults, complaints must be made within 24 hours of delivery. The Buyer then forfeits both the right to compensation and other remedies for breach of contract. Complaints must be documented with a veterinary certificate, photos or similar.
11. Compensation: In the following cases and on the conditions stated, the Buyer will be notified of compensation/reduction in the purchase price on an objective basis: Weight deviations: If the weight is outside the agreed average weight, the invoice will be adjusted proportionally. Open wounds: Piglets with open wounds after tail docking, tail biting, ear biting, flank biting or similar are replaced by the Seller according to applicable SPF rules. Hernias Piglets with umbilical hernias are replaced by mutual agreement by the Seller according to applicable SPF rules. Other visible faults, slim and small piglets; piglets with lameness, humped backs, saddle sores or abscesses are replaced by the Seller according to applicable SPF rules. Boars/cryptorchids/hermaphrodites: The Seller shall replace boars/cryptorchids/hermaphrodites with the full purchase price if the condition is discovered immediately upon delivery. Subsequently, boars will be replaced at DKK 250.00 each upon presentation of documentation from the Buyer’s slaughterhouse or another form of documentation.
12. Ownership: Scan-Pork A/S always retains ownership of the animals until the purchase price has been paid. The animals sold can be identified by ear tagging carried out by Scan-Porks’ Danish supplier. The following applies: Delivery in Denmark and other countries. The animals sold belong to Scan-Pork A/S until the purchase price and freight have been paid. Scan-Pork A/S thus retains ownership of the goods sold, and the Buyer is not entitled to dispose of the animals by sale, slaughter, pledging or otherwise until the purchase price has been paid. The Buyer is required to assist in taking the necessary steps to secure ownership regarding third parties. Any expenses for this shall be borne by the Buyer. Until payment has been made, the Buyer undertakes to ensure the usual welfare of the pigs. The Buyer is required to handle the pigs properly and to adapt the pigs’ conditions in accordance with the EU regulation on animal welfare. When taking back the animals, the Buyer is not entitled to compensation for feeding costs and the like.
13. Force Majeure: Scan-Pork A/S is not liable to the Buyer for losses arising from circumstances of an unusual nature, which prevent, complicate or disproportionately increase the cost of fulfilment of the agreement if these circumstances have occurred after the agreement has been entered into and are beyond Scan-Pork A/S’ control. Examples include, but are not limited to, the following: Labour disputes, interruption of normal traffic, war, weather and natural disasters, currency restrictions, import or export bans, veterinary restrictions of any kind that prevent the transport of pigs, bankruptcy, receivership or similar at Scan-Pork A/S’ supplier, production and delivery difficulties due to circumstances for which Scan-Pork A/S is not to blame, and the occurrence of similar force majeure at Scan-Pork A/S’ supplier.
14. Limitation of liability, exemption of liability-disclaimer and maximisation of damages. Scan-Pork A/S is under circumstances liable for operating losses, lost profits or other indirect losses. Scan-Pork A/S is not liable for losses caused by hidden health or constitutional defects in the animals delivered, in addition to what is prescribed in point 5. In particular, Scan-Pork A/S is not liable for loss/damage in the form of infection of the herd, regardless of whether this occurs during transport or after unloading, including to the rest of the herd. In any event, any liability can only, and as a maximum, amount to the purchase value of the specific delivery that has given rise to the claim.
15. Payment terms: Payment must be in Scan-Pork A/S’ account no later than 14 days after the invoice date, unless otherwise agreed. The payment deadline will appear on the invoice. Interest is added at a rate of 1.5% per commenced month from the due date. The weight used for invoicing is a verified export market weighbridge or other verified weighbridge. The invoice price is adjusted according to the agreed base weight of 30 kg. Deviations from the base weight are adjusted according to the agreed pig prices at the time of delivery. The price agreed with Scan-Pork A/S is exclusive of VAT. VAT is charged according to applicable rules.
16. Jurisdiction: Any dispute between the parties regarding or in connection with purchases made by Scan-Pork A/S shall be settled in accordance with Danish law.
    Disputes should always be settled out of court as far as possible. If a dispute cannot be settled amicably, the dispute shall be settled by the Danish courts at Scan-Pork A/S’ place of jurisdiction.