Purchasing conditions

These terms of sale and delivery shall apply to all sales made by Scan-Pork ApS.

1. Terms of delivery:
Delivery shall be effected in accordance with Incoterms 2000 EX WORKS (EXW).

2. Terms of payment:
Payment shall be effected cash on delivery and/or with seven days’ time allowed for payment, in Euro, unless otherwise agreed in writing.
Payment shall be made directly to Scan-Pork or to the bank used by Scan-Pork. Any costs shall be paid by the buyer.
If payment is not effected at the due date, Scan-Pork ApS shall be entitled to charge interest of 4 per cent per month or fragment thereof.
Payment shall be based on the weight resulting from a weighing on a verified weighbridge unless otherwise agreed in writing.

3. Retention of title:
Scan-Pork ApS shall retain title to the delivered animals until the purchase sum has been paid in full, including interest, costs etc.

4. Disease, health status, death, transport etc.
Official health status of the supplier’s herd in Denmark can be provided via blood tests on the request of the buyer. Scan-Pork ApS shall not assume any liability for any undiscovered infection in the supplier’s herd, infection during transport, infection during reloading and other infection.

5. Complaints:
Any risk for the pigs shall pass to the buyer at the time of delivery of the pigs.
Any requirement relating to the quality or quantity of the pigs shall be submitted to Scan-Pork ApS as soon as possible and no later than 48 hours after delivery. After the end of such deadline there shall be no right to complain or possibility of obtaining compensation.
In the event of claims of defects, staff from Scan-Pork ApS shall have access to review the total delivery at the buyer’s premises. In the event of failure to reach an agreement on any defects, Scan- Pork ApS shall be entitled to collect the delivered animals and the buyer shall not be entitled to claim any compensation, including for direct and indirect losses.
If Scan-Pork ApS has not received any complaints within the stated deadline or if the buyer does not entitle Scan-Pork ApS to review the delivery, the buyer’s objections to quality and other defects shall lapse.
The buyer shall be obliged to check the quality of the delivered amount of pigs in a delivery inspection before they are included in the buyer’s herd.
In the event that Scan-Pork ApS or a third party appointed by Scan-Pork ApS finds that the buyer’s complaint is unlawful, the buyer shall be obliged to pay all Scan-Pork ApS’s documented travelling costs in connection with the review of the delivered goods.
Scan-Pork ApS shall not be liable for defects other than those stated in this clause. This shall apply to all losses incurred as a result of the defects including operating loss, loss of profit and other financial losses.

6. Waiver and force majeure:
Scan-Pork ApS shall be exempt from any liability and the fulfilment of any agreements in the following circumstances:
Strikes, lockouts, closure of borders, business interruptions and similar events.
In the event of late delivery from sub-suppliers, the delivery time shall be delayed correspondingly. War, civil unrest, natural disasters and similar events beyond the parties’ control, including lack of raw materials, confiscation, currency restrictions or intervention by public authorities shall entitle Scan-Pork ApS to, fully or partly, cancel any offer or contract.

The party claiming force majeure shall be obliged to inform the other party by express letter/fax within eight days of the commencement of such force majeure situation. The party shall also submit an official statement from the local chamber of commerce as documentation for such force majeure situation.

7. Venue:
In the event of a dispute between the parties concerning or relating to sales made by Scan-Pork ApS, such dispute shall be settled in accordance with Danish legislation.
Disputes shall always, as far as possible, be attempted to be settled out of court. In the event that a dispute cannot be settled amicably, such dispute shall be settled by the Courts of Denmark by Scan- Pork ApS’s venue.

Terms of sale
1.0 Authority + use:
These terms of sale shall be laid down by the Danish National Committee for Pig Production in accordance with the agreement on breeding cooperation and shall be applicable in all cases in which a pig breeder sells breeding animals, embryos or semen to pig producers in the EU who do not sell breeding animals.

2.0 Use of purchased animals
2.1 The buyer shall use the purchased animals in his own farm and must not without a written consent from the National Committee for Pig Production resell or in any other way hand over use of the purchased animals or their offspring to a third party for a period of two years after the date on which the buyer’s herd was last given purebred DanBred genes, cf. however, Clause 2.2.
2.2 The buyer shall be entitled to sell
a) the purchased animals or their offspring directly for slaughter,
b) offspring such as weaners for slaughter pig production,
c) offspring to a buyer approved by the National Committee for Pig Production as breeding or multiplier herd.
2.3 The National Committee for Pig Production may upon request consent to resell offspring. Any such consent from the National Committee for Pig Production shall be conditional upon the buyer entering into an agreement with National Committee for Pig Production on the use of the purchased animals and payment of royalty, either as a lump sum or as a charge paid on an ongoing basis.
2.4 The above provisions on animals shall also apply to embryos and semen.

3.0 Inspection and certificates
3.1 The seller shall report all sales of breeding animals, embryos or semen to the National Committee for Pig Production in accordance with the rules laid down by the National Committee for Pig Production from time to time.
3.2 The National Committee for Pig Production shall be entitled – within normal business hours and otherwise at any time – to inspect the buyer’s herd and the buyer’s registration of production data and sale of animals.
3.3 The National Committee for Pig Production shall be entitled to inspect the purchased animals before issuing a pedigree register and to submit a health certificate for the purchased animals to the buyer.

4.0 Penalty + prohibition
4.1 In the event that the buyer resells animals, embryos or semen in contravention of Clause 2.0, the buyer shall pay a penalty of 200 per cent of the purchase price of the resold animal(s) – however, on the basis of the following scale of prices:
a) hybrid boar = DKK 5,000,- if sold for natural covering.
b) hybrid boar = DKK 15,000,- if sold for A.I./artificial insemination.
c) hybrid young sow = DKK 1,750,-
d) purebred female= DKK 2,500,-
e) purebred boar= DKK 5,000,- if sold for natural covering,
f) purebred boar= DKK 50,000,- if sold for A.I./artificial insemination.
In the event that the buyer has resold semen or embryos without permission, the penalty shall be computed on the basis of the scale of prices for a purebred boar sold for A.I./artificial insemination. The penalty shall be paid to the National Committee for Pig Production.

4.2 The buyer’s payment of such penalty shall not prevent the National Committee for Pig Production

from claiming compensation for any losses suffered by the National Committee for Pig Production as a result of the buyer’s behaviour contrary to the contractual terms.

4.3 The seller or the National Committee for Pig Production may apply for a prohibition without security against the buyer’s (re)sale of animals, embryos or semen in contravention of Clause 2.0.

5.0 Venue.
Any dispute in relation to this agreement shall be settled in accordance with Danish legislation by the Danish Maritime and Commercial Court in Copenhagen.