Terms and Conditions
General sales, delivery and payment conditions of the association of Dutch green feed dryers -V.N.G.- established in Leeuwarden.
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Article 1
All agreements concluded with a member of the VNG are subject to the most recent version of the Conditions of the Dutch Trade in Cereals and Animal Feed Raw Materials, as published by the Koninklijke Vereniging Het Comité van Gaannemers in Rotterdam, and the Amsterdam Grain Trade Association in Amsterdam, insofar as in the present VNG – terms and conditions are not expressly deviated from – hereinafter jointly referred to as: these General Terms and Conditions -.
Article 2
Each agreement must be confirmed within two days of the day of conclusion at the latest by sending a letter of sale to the buyer and, in the case of an intermediary, also to the seller, stating in addition to the price and delivery period for which product and that the transaction has taken place on these General Terms and Conditions.
Article 3
All goods remain the property of the seller until all its claims against the buyer with regard to the goods delivered or to be delivered by the seller pursuant to the relevant agreement or work performed or to be performed for the buyer, as well as with regard to failures on the part of the buyer in the fulfillment of the relevant agreement, will be paid in full.
Article 4
The place of delivery and sampling is the place where the goods are manufactured or where they are stored. The goods are at the expense and risk of the buyer, with due observance of the provisions of Article 3, as soon as they have been loaded at the seller or storage location. Under penalty of forfeiture of its related or ensuing rights, the buyer will then send one sample to a recognized laboratory within three days of the sealing. A re-analysis is possible within one week of receipt of the results of the first analysis. This re-analysis of a duplicate sample is possible at the request of both the buyer and seller.
The first sample examination is at the expense of the buyer. The second at the expense of being wrong. A copy of the results of both the first analysis and the re-analysis is sent by the laboratory to the seller. If the seller or buyer so wishes, the sample will be taken by a sworn factor, who will be designated by the buyer.
Article 5
If a sale has been made on delivery, the seller must deliver within the agreed term, after prior notification. At least five working days must elapse between the notification and the delivery. If a sale is made on call, the buyer must call off no later than 14 days before the expiry of the agreed delivery period. Delivery must take place after call, within 14 days after the call has been received by the dryer.
Article 6
In the event that the buyer does not call off – in time – or if he fails to receive it, the seller is entitled at its discretion either to store the goods at the expense and risk of the buyer, or to keep them in storage and to demand payment, or from the buyer. to claim a price difference on the basis of current market value at the time that buyers default on call or receipt.
Article 7
The Dutch green feed dryers produce artificially dried alfalfa, clover and grass both in chunks/pellets and in structured bales (various sizes). Important parameters for sale are moisture, crude protein and crude fiber, in the dry matter. Carotene is sometimes an indicative value and is no longer explicitly stated in the sales conditions. The protein content in the chunks or bales is stated on the sales letter, depending on what has been mutually agreed. If the protein content in the delivered product is lower than agreed, a discount of €2.25 cents per 100 kg per 0.1% lower content may be applied. The invoice must clearly state which product and which batch it concerns. The moisture content in the pellets may not exceed 12%. The moisture content in the structure bales may not exceed 14%. Chunks or bales with a slightly higher moisture content are available, but with a price reduction, which can be determined in a ratio of 1:1. The sand content may not exceed 3.5%. Chunks with a slightly higher sand content are available, but with a price reduction to be determined in the ratio of 1:1.
Article 8
Payment will be made in cash, unless otherwise stated. If the sale is made on account, the buyer must forward the monies carriage paid to the seller, within eight days of receipt of the invoice. The buyer is deemed to have received the invoice from the seller on the day following the date of dispatch stated on the invoice. Payment must be made effectively in the currency stated on the invoice. If a lot is received in parts, the seller is entitled to demand payment for each part. If payment is not made on time, the seller is, without prejudice to its right to immediate collection, entitled to statutory interest from the ninth day after receipt by the buyer of the seller’s invoice. All adverse consequences resulting from late payment shall be borne by the buyer. All costs, both judicial and extrajudicial, are for the account of the buyer. The seller is entitled to fix the extrajudicial collection costs at 15% of the principal sum due.
Article 9
If the seller cannot deliver certain items – on time – the seller is entitled to deliver equivalent items after consultation with the buyer, provided that he reimburses the buyer for any higher transport costs.
Article 10
Disputes arising between buyer and seller are subject to arbitration in accordance with Article 45 et seq.
Grass dryer Hartog BV
Mijnsherenweg 7
1658 CA Lambertschaag
+31 (0)299 – 58 1232
Chamber of Commerce number: 37125836.
VAT number: NL816074963B01
