General Terms and Conditions

Sales

These purchase conditions apply to all purchases made by Scan-Pork A/S, unless otherwise agreed in writing.

1. Delivery terms:
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

2. Access conditions:
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.

3. Public space requirements:
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).

In that case, the seller must reimburse Scan-Pork A/S for any additional costs.

4.Conclusion of agreements:
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.
4.1 Ongoing agreement, an agreement has been entered into between Scan-Pork A/S and the seller, regarding fixed ongoing delivery of piglets.

4.1.1 The agreement comes into force when it is signed by both parties, affixed with the signatures of both parties.

4.1.2 The agreement can only be terminated in accordance with the notice of termination, which appears in the agreement, however, Scan-Pork A/S can cancel the agreement no later than 30 days after the agreement comes into force, if Scan-Pork A/S has not concluded an agreement regarding sale of the seller’s piglets with a Danish or foreign buyer. Likewise, the agreement can be canceled if Scan-Pork’s buyer renounces the agreement no later than 90 days before the agreement is implemented. The cancellation of the agreement takes place without liability for damages for either party.

4.1.3 When sending an order confirmation, this will be done in connection with a pool sale between Scan-Pork A/S and the seller. The order confirmation comes into effect upon dispatch from Scan-Pork A/S to the seller.

5. Payment terms:
Payment is made no later than 8 days after delivery and in Danish kroner, unless otherwise agreed.

The weight that forms the basis for payment is weighing on a verified bridge scale at the official assembly stables, unless a direct reading is taken from the supplier.

6. Marking:
Executive order no. 678 of 25/08/1997 from the Directorate for the Food Industry must be complied with.

Furthermore, there must be a valid export owner declaration upon delivery. It is considered a significant breach if there is no valid export owner declaration from the seller and the animals are therefore rejected from Scan-Pork A/S.

7. Health status:
Upon request from the buyer, blood test results etc. to Scan-Pork A/S to demonstrate health status.
The seller must immediately inform Scan-Pork A/S if there is a change in – or there is a suspicion of a change in – health status.

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.

8. Quality of delivery:
Kvalitet ved leveringen skal altid opfylde de krav der fremgår af særskilt skriftlig aftale (kontrakt) mellem køber og sælger.

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.

8.1 Piglets with umbilical hernia, scrotal hernia or piglets that are half boars or full boars are not traded.

8.2 Piglets are settled as 30 kg pigs according to the current quotation. Pigs must weigh a minimum of 25 kg and a maximum of 35 kg. Pigs beyond this weight range are not settled unless otherwise agreed with Scan-Pork A/S.

9. Complaints:
Any risk, including causes of death, for the pigs only passes to the buyer at the time of delivery of the goods.

Any claim regarding the quality or number of delivered pigs must be made to the seller as soon as possible, and no later than 3 days after delivery.
The seller is obliged to check the quality of the delivered quantity of pigs before they are delivered, through an effective delivery control.

It is thus the seller’s responsibility to sort and hand over the live animals that correspond to the agreed quality.

10. Disclaimer and force majeure:
The following circumstances exempt Scan-Pork A/S from responsibility and fulfill the submitted agreements:

In the event of force majeure and if the circumstances prevent the fulfillment of the Agreement or make fulfillment unreasonably burdensome, the Parties are free from liability. The following circumstances entail freedom from liability in each respect if they prevent the performance of the Agreement or make performance unreasonably burdensome: force majeure, war, riot, civil unrest, government intervention or intervention by public authorities, fire, seizure, currency restrictions, trade war, strike, lockout, cyber attack , health crises, border closures, outbreaks of foot-and-mouth disease and swine fever, epidemics, pandemics, export and/or import bans, missing or defective deliveries from sub-suppliers, shortages of labour, fuel, motive power, new infections in the herd or any other reason.

The parties are entitled to cancel the order if the obstruction of the order lasts longer than 4 weeks. In this case, neither party is in breach of the Agreement.

The party claiming force majeure is obliged to inform the other party by express letter/fax within 8 days after the force majeure has occurred. The party must also send an official statement from the local chamber of commerce to document the occurrence of force majeure. The documentation must be sent no later than 4 weeks after the party has claimed force majeure.

10.1 In cases where the seller suffers a loss, as a result of Scan-Pork A/S errors or negligence or for failure to fulfill the agreement, Scan-Pork A/S’s liability is limited to the amount based on the agreed price of the time of delivery.

10.2 Scan-Pork can at no time be held responsible for the seller’s indirect losses. This means operating loss, lost profit or other forms of damage.

11. Venue:
Any dispute between the parties regarding or in connection with purchases made by Scan-Pork ApS must be settled in accordance with Danish law and law.

Disputes must always be settled out of court as far as possible. If a dispute cannot be resolved amicably, the dispute must be settled by the Danish courts at Scan-Pork A/S jurisdiction.

The piglet market is a market with great growth – we want to use this potential to expand our good connections so that we can always match our customers’ needs for the sale of quality pigs – so you can confidently turn to Scan-Pork when you have pigs for sale or want to buy!