Terms of Sale and Delivery
1 Offer
1.1 An offer from VikingLivestock is valid for 30 days after the date of the offer.
2 Application
2.1 The Terms of Sale and Delivery shall apply between VikingLivestock and the buyer un-less specifically derogated from by written agreement between the parties.
3 Prices
3.1 All prices are stated in EUR.
3.2 All prices are stated including costs of
a) Danish veterinary certificates required by the importing country,
b) quarantine in Denmark, if such a quarantine is required by the importing country and
c) transport and insurance, see clause 4.1.
3.3 Unless specifically agreed to the contrary, until delivery has taken place, VikingLive-stock is entitled to change prices by documented increases in public duties, freight and insurance premiums, including changes in exchange rates where such costs are paya-ble in foreign currency.
4 Delivery and Time of Delivery
4.1 Delivery is CIP (Incoterms), i.e. “Carriage and Insurance Paid” to the destination stated by the buyer.
4.2 The clause of delivery agreed upon is interpreted according to the Incoterms applicable at the time of the formation of the agreement.
4.3 The time of delivery is stated as an expected time and is subject to any delay.
4.4 VikingLivestock is only liable for a delay where it can be proved that VikingLivestock has committed an error or has been negligent.
4.5 VikingLivestock’s liability for a delay does not in any case include business interrup-tions, loss of profits or any other indirect losses and cannot in any case exceed 10% of the total contract price.
5 Obstruction of delivery
5.1 Where the fulfilment of VikingLivestock's obligation to deliver is obstructed or considera-bly hampered, the obligations of VikingLivestock become inoperative for as long as the obstruction exists.
5.2 In the situation mentioned in 5.1 VikingLivestock is entitled to cancel a sales agreement without any liability.
6 Changes
6.1 VikingLivestock is entitled to
a. make partial shipments,
b. deliver a lower number of cattle than agreed,
c. make changes to the composition of a shipment.
7 Payment
7.1 Payment is made in advance by a confirmed bank guarantee or cash.
7.2 Payment cannot be made by setting off any claim that buyer may have against Viking-Livestock.
7.3 Retention of title. VikingLivestock has full ownership of the delivered heifers/cows until the entire purchase price, including interest, fees and other costs, has been paid. If the buyer has not paid for the delivered heifers/cows within 7 days of the payment due date, then VL has the right to collect the delivered heifers/cows, with or without the presence of a bailiff. The buyer is obliged to compensate for all costs of returning heifers delivered to him.
8 Liability for defects
8.1 The buyer must monitor the delivered cattle on arrival.
8.2 Where the control of the buyer shows that the cattle delivered have considerable de-fects VikingLivestock grants a proportional price reduction, however not more than an amount equivalent to 50% of the purchase price of the animal with defects.
8.3 VikingLivestock is not liable for defects caused by incorrect treatment, transportation, housing or negligence by others than VikingLivestock.
8.4 Where VikingLivestock is ordered liable for defects the buyer cannot claim compensa-tion for business interruptions, loss of profits or any other indirect losses.
9 Product liability
9.1 VikingLivestock does not guarantee the health condition of the cattle sold or their breed-ing properties, apart from what is stipulated in 9.2.
9.2 VikingLivestock guarantees that, at the time of delivery, the cattle sold did not show any signs of the prevalence of any unwanted cattle disease and that the cattle delivered originate from Danish herds that are subject to the health control determined by the Danish Veterinary and Food Administration (DVFA).
9.3 The buyer himself shall consider, and if so arrange, isolation of the purchased cattle in his own quarantine before they are introduced to the herd of the buyer.
9.4 VikingLivestock is only liable for damage – including infection – to the rest of the buyer’s herd occurring after delivery where it can be proved that the damage is caused by er-rors or negligence made by VikingLivestock.
9.5 VikingLivestock is in no case liable for business interruptions, loss of profits or any other indirect losses.
10 Complaints
10.1 Where the buyer does not notify VikingLivestock about defects within 24 hours after re-ceipt of the cattle, see clause 8.2, the buyer loses his right to a proportional price reduc-tion.
10.2 Apart from the proportional price reduction the buyer cannot assert any right of non-ful-filment, including cancelling the order or claiming compensation, apart from what is stip-ulated in 8.0 and 9.0.
11 Governing law and jurisdiction
11.1 Any disputes are settled through friendly negotiation. In case a settlement fails to be reached in this way, the disputes between the Parties shall be submitted to and be sub-ject to the jurisdiction of District Court in Aarhus according to Danish law. The decision made by the District Court should be accepted as final and binding upon both parties.