General Conditions of Sale
GENERAL CONDITIONS OF SALE
1 – ACCEPTANCE OF ORDERS
The orders that are addressed to us by our clients are binding to our Company only after we confirm by letter or fax.
2 – DELIVERY TIME
The delivery time specified in our order confirmations are only estimations and do not give the Purchaser the right to cancel the sale, to refuse the merchandise nor to claim financial damages.
3 – ACCIDENTS AND FORCE MAJEURE
Are considered as incidental and force majeure exempting the company from its obligations to deliver, in particular, total or partial strikes, fire, natural disasters, exceptional climatic conditions, riots in the country of destination, etc.
4 – TRANSPORTATION
All sold goods travel at the risk and peril of the Purchaser, regardless of the mode of transportation or the terms of payment of the transportation.
5 – INSURANCE
Insurance covering the risks of transport can be purchased on behalf of the Client by request, who agrees to pay the insurance premium. In case of damage found at the time of delivery of the goods by the transporter or by his agent at the airport or port of destination: mortality or poor condition of the goods, the consignee must establish a damage report the same day by the representative of the airline or a damage controller. It must be specified accurately the number of chicks and the variety of the subjects dead as well as the quantity and nature of the other products.
The Company will only respond to a damage report accompanied by the following documents:
– Damage report or damage certificate established by the competent authorities;
– Original document N° 2 de la L.T.A. – or original bill of landing – or any other document requested by the insurance company for completion of file.
6 – SALE PRICE
Our prices are established on the rates in force at the time of delivery. We reserve the right to modify the prices in case of increase in our costs, in particular, in the increase in price of transportation by the airlines or maritime companies.
7 – TERMS OF PAYMENT
All of our orders are payable in advance as confirmation thereof. Derogations from this principle do not cause novation of the present. Any delay in payments results in full right and without notice, the payment of interest for late payment at the legal percentage rate (law of June 23, 1989). In the event of non-payment of an invoice, the seller may require the totality of the outstanding amount. If we need to involve legal council or judicial authority, the buyer will be billed additionally the amount of these fees by 15% of the lump sum. In addition, the legal fees and other collection costs will be charged to the buyer. The act of bringing suit or establishing a damage claim does not exempt the purchaser to pay or delay payment.
8 –CONTRACTUAL GARANTEES
Considering the nature of live animals or hatching eggs and the possibility of subsequent alterations after consignment to the airline company as well as the possibility of subsequent infections after delivery, we do not accept any claim concerning hidden defects of the goods.
9 – PROPERTY RIGHTS
The delivered goods remain our property until full payment of the price in principal and interest. In case of default in payment, a time-payment of a portion of the amount due can be agreed upon and a fortnight after a formal notice by registered letter with acknowledgement of receipt, and remains unsuccessful, the sale may be annulled if deemed necessary. We authorize the purchaser to transform and resell the products delivered under reserve that he settles the full purchase price due as soon as the resale is complete, for the benefit of the seller pursuant to the civil code 2071. The purchaser becomes the reseller of the price.
In case of financial inspections or liquidation of the buyer and in accordance with the provisions of the law of January 25, 1985, the claim of these goods may be made within the period of three months from the date of publication of the judgment opening the proceedings.
10 – ELECTION OF DOMICILIATION AND JURISDICTION
The election of domiciliation is held at our headquarters. In the event of a contestation relating to the execution of a contract of sale or payment and the interpretation of the terms and conditions above, the Tribunal de Commerce de Meaux shall have the sole jurisdiction, regardless of the place of delivery, the terms of payment accepted and even a question of guarantee or plurality of defendants.
The buyer fully understands and accepts all of the above conditions when the order is requested.