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GENERAL TERMS OF SALE
   
 
   
 
 
 

GENERAL TERMS OF SALE

1 - SALES
All orders and sales are subject to these general terms of sale to which the purchaser gives his acceptance expressly and unreservedly. Any special dispensation or clause is only valid if accepted expressly and in writing by our company.

2 - PRICE - PAYMENT - PENALTIES
The price of our goods is fixed in line with current rates on the day of invoicing. Prices indicated are exclusive of Value Added Tax (V.A.T.). Prices are fixed in line with current economic conditions and we reserve the right to modify them at any moment and without prior notice.
Invoices are payable to our registered offices at Le Grand Clos – 44310 STE LUMINE DE COUTAIS, whatever the means of payment used.
All sales are payable in cash and in advance before the goods are dispatched.
In default of payment of any invoice or part of an invoice on due date :
- all debts, even if not yet due, are immediately payable by buyer without prior notice and shall produce interest for late payment from the date of invoice or from date of non payment untill final payment at the rate of 1,50% per month.
- we also reserve the right to cancel all ongoing orders of defaulting buyer.
In case of forced collection of debts the buyer shall bear in addition to all collection expenses (bailiff charges and fees, costs, lawyers charges and fees etc…) liquidated damages of 15% of all amounts due.

3 - ORDER - DELIVERY - DISPATCH - COMPLAINTS – RETURN - GUARANTEE
An order is only binding on us when our acceptance is expressly confirmed in writing. The goods are delivered by us within the limits of available stocks.
Having regard to the nature of the goods, delivery is programmed to optimise the physical condition of the eggs, we reserve the right to modify delivery dates if we consider this necessary, any such modification shall not give rise to any right of action on part of buyer.
The delivery boxes of poults or adults remain the property of seller, packaging for eggs or day-old chicks shall upon delivery remain at buyer’s disposal.
Delivery dates are given for information only and are not strict. Late delivrery, whatever the cause shall not give rise to any rights of cancellation or damages (whatever the nature) nor give rise to any rights set off.
Cancellation by buyer of an order or part of an order for one-day chicks is only possible if notified in writing to seller 4 business days prior to date for placing in incubator. No cancellation by buyer is possible outside this period. Buyer’s cancellation notices must be addressed to our registered office.
From delivery, Buyer shall take all steps needed to protect the goods up to full payment. Missing, partly or totaly damaged items are buyer’s responsibility.
The buyer shall insure the goods from time of delivery (pursuant to article 5 below : TITLE).

4 – GUARANTEE
All our producers are subject to verification by the Local Vetenary Services. The goods are not guaranteed against any illness non identified at time of delivery. Having regard to the nature of the products they are vunerable to infection after delivery, no claim for hidden defects is possible.
Buyer shall take all necessary steps to avoid infection. Buyer is sole responsible for the choice, upkeep and running of the flock. Technical assistance provided by seller’s engineers is without responsibility.
Seller guarantees ferility of eggs as follows, in line with the type of game and period of year,
For phesants : 80 % fertility for eggs delivered week 10 to 13
82 % fertility for eggs delivered week 14 to 20
78 % fertility for eggs delivered week 21 to 26
74 % fertility for eggs delivered week 27 +
For red legged partridges :
82 % fertility for eggs delivered week 09 to 20
80 % fertility for eggs delivered week 21 to 24
78 % fertility for eggs delivered week 25 to 27
74 % fertility for eggs delivered week 28 +
For grey partridges :
78 % fertility for eggs delivered week 09 to 22
76 % fertility for eggs delivered week 23 +

This guarantee of fertility applies only to eggs actually invoiced and paid in full, it shall not apply to eggs supplied free of charge.
The guarantee set out in these conditions is limited to eggs invoiced and paid for in full by buyer, the guarantee does not apply to eggs supplied “free of charge”.
In the event of a major or unusual incident arising during incubation or hatching of eggs delivered by seller, buyer shall notify seller immediately in writing and confirm by recorded delivery letter within three days of the major or unusual incident. Buyer shall keep unhatched eggs in best conditions for at least 10 days from expiry of this notice period to allow seller to inspect the goods.
Seller is not liable for any claim for bad / non hatching eggs if the eggs have been placed in the hatchers more than 48 hours after delivery or in the event of failure to provide seller with a fertility report of egg candling prior to expiry of 21st day from incubation.
At our discretion we reserve the right to compensate by way of replacing goods or by way of set off.
In any event the value of the guarantee shall not in any event exceed the price of the goods actually paid by the buyer.

5 - FORCE MAJEURE
Our company is released from all delivery obligations by virtue of any fortuitous events or force majeure and generally by all events beyond its control such as strikes, infection or illness of eggs, machine breakdown and/or stopping, fire, supply and transport problems.
In the event of Force Majeure, no compensation or damages are due to buyer.

6 – RETENTION OF TITLE
It is expressly agreed with the buyer that according to the provisions of french law N.80-335 of May 12th 1980, the transfer of property is defered until full payment of all sums due.
Payment is not made until the monies are actually credited into seller’s account or received in cash.
Failure to pay all or any part of invoice shall amount to a non payment giving seller right to reposses the goods immediately. Notwithstanding the above, buyer shall assume all risk and liability for the goods from delivery. Therefore Purchaser shall take out the necessary insurance for the goods and shall immediately produce to seller proof of the same on request.
Purchaser shall stock goods in best conditions and in such manner as to permit immediate identification and recovery of seller’s goods and shall allow seller on it’s premises at any time on request for identification of goods. Pending full payment of invoices buyer shall not sell, release or charge or give for security the goods or part thereof.
Buyer shall take all measures to ensure that the obligations set out in these General Terms of Sale are complied with.
Seller reserves the right to take back immediately the goods after notifying a default.

7 – LIMITATION OF LIABILITY
Products directly sold by GIB OCEAN conform with french norms and laws.
Seller is liable to ensure that the goods may be imported and used in the country of use.
In case of dispute only french law and language shall apply.
Buyer is exclusively liable for the choice of goods, and from delivery for their conservation, use and treatment.
Seller is not liable for any non compliance with buyer’s local laws or regulations.
In any event, seller is not liable for any loss or prejudice resulting from any infection or illness of eggs whatever the cause thereof from date of delivery.

8 - TERMINATION
If a defaulting buyer fails to immediately pay all sums due, all sales concluded may at seller’s discretion be cancelled by seller twenty four hours after a written demand for payment sent by registered mail. Seller may at it’s discretion immediately take back unpaid goods, by summary order of the Magistrate of the Commercial Court of Nantes. Buyer agrees to pay to seller in addition to all sums due, liquidated damages equal to 15 % of the balance of due sums on cancelled sales, together with all costs and judicial expenses.

9 - CONTRACTUAL COMMITMENT
Our publicity documents are not contractually binding.
Our General Terms of Sale are printed on the back of our purchase orders, delivery notes, invoices or price-lists. The General Terms of Sale in force on the day of order and as printed on the back of order form/invoice have contractual effect.
Buyers accepts that it has knowledge of the same and accepts them expressly and without reserve even if they are unsigned by him.

10 - JURISDICTION
It is expressly agreed that all disputes arising in connection with the interpretation or execution of this agreement shall be referred exclusively to the Commercial Court of Nantes.
This is valid whatever the buyer’s nationality or the place of residence, the place of delivery, the method of payment and even in the instance of multiple defendents.

11 - APPLICABLE LAW
The parties agree that these terms and conditions are subject to French Law.


Signature at    On


BUYER                                SELLER

         
Gib'Océan   Le Grand Clos 44310   Saint-Lumine-de-Coutais - France
Tél : 00 33 2 40 02 98 08   Fax : 00 33 2 40 02 99 81 E-mail : gibocean@wanadoo.fr
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