Entering a contract
These sales and delivery conditions are valid for any offers, contractual relations and deliveries made by Nutrimin A/S. All terms in the sales and delivery conditions are valid, unless other conditions are agreed explicitly in writing.
Prices and payment conditions
All prices are quoted in Euro excl. taxes. The price is settled according to the valid daily delivery rates, unless otherwise is agreed in the sales order form.
Nutrimin A/S reserves the right to invoice buyer in case of possible commodity charges. The agreed prices can be regulated according to imposed import taxes. Price lists are only binding, if the sales order form refers to these lists.
The payment date will appear on the invoice as per agreement between Nutrimin A/S and buyer. Nutrimin A/S is entitled to collect a fee and interests on overdue payments in case of late payment. Delivered goods are property of Nutrimin A/S until payment is settled.
Standard orders must be placed no later than 5 working days prior to the delivery date noted.
Orders with changes in composition must be placed no later than 7 days prior to the delivery date noted.
Urgent express orders can be charged with an additional charge of 2 Euro/100 kg.
Ex works: Nutrimin A/S, Bodalen 11, 8643 Ans By, Denmark.
Quality and traceability
The goods are delivered within the agreed quality and composition, as declared on the labels on the goods. However, Nutrimin A/S has the right to adapt the content according to change of regulations from the Danish government or the EU.
Buyer accepts minor fluctuations in the composition of the goods. The composition of goods is always within the current rules and restrictions.
According to the EU regulation 178/2002, it must be possible to always track the goods from Nutrimin A/S, at least one step back in the distribution chain. In case Nutrimin A/S does not comply to this demand, buyer has the right to reject the goods.
Sales order form
Sales orders placed with Nutrimin A/S must contain the following information:
– Agreed price excl. taxes
Any special conditions, e.g. deviation from Nutrimin A/S’ sales and delivery terms.
The goods are divided equally over the contract period according to the sales order form. A deviation from this agreement is considered a breach of contract and will result in termination of the agreement.
Nutrimin A/S is entitled to demand cash settlement of the remaining quantity of the sales order form. Changes in buyer’s production circumstances do not exempt buyer from ordering the agreed quantity.
Receipt of goods and defects
Immediately on receipt, the goods must be inspected carefully and checked against the order placed. Buyer must ensure responsible treatment and storage of the goods.
In case the goods are not consistent with the placed order, e.g. a possible defect in quantity or quality, the claim must be made immediately on receipt of the goods.
If buyer has or should have noticed the defect, and did not send a claim as indicated, buyer loses the right to claim the defect. The proof of defect in quality must be made directly from a sample of the load, NOT from buyer’s silo or other containers. After sending a claim, buyer can demand replacement.
If there is no remedy available for the defect, buyer has the right to cancel the order with written notice. Buyer is obliged to limit consequential damages. Buyer can claim for compensation, however, of maximum the value of the delivered goods.
Responsibility and damage of property (and animals)
In case of the delivered goods being direct cause to damage in buyer’s production, buyer can demand compensation under the condition that buyer has followed the instructions carefully, and that the defect of the goods can be proven from a sample of the load, NOT from Buyer’s silo or other containers.
Nutrimin A/S is under no circumstances liable to indirect losses, such as loss of time, operating loss, loss of profit etc. Furthermore, Nutrimin A/S refers to the existing legislation on product liability.
The following conditions apply in case that the sold items are resold to third party: Buyer is obliged to indemnify Nutrimin A/S against claims from third parties for damages and losses, for which Nutrimin A/S has no responsibility. Third parties claiming compensation from another party must inform the other party immediately.
Nutrimin A/S as well as the buyer are free from responsibility for breach of contract, in case this is caused by forces beyond control either party. Examples of force majeure is war, fire, strike, lockout, lack of energy supply, shortage of commodities, illness, lack of deliverance from suppliers etc.
If one party claims force majeure, this party immediately must notify the other party in writing. If the sales order form is terminated because of force majeure, this must also be notified in writing within reasonable time.
Any dispute between parties shall be settled under Danish rules of law, using the Maritime and Commercial Court in Copenhagen as venue. If the parties can agree to settle it by arbitration, each party choose an arbitrator, and the Maritime and Commercial Court chooses a third arbitrator, as chairman of the arbitration. The award of the arbitration is final.
As a customer of Nutrimin you are registered in our customer database. We would therefore like to inform you how your data is handled and protected by the EU Data Protection Regulation (GDPR/Personal Data Regulation). When Nutrimin processes your data, we focus on anonymity and confidentiality towards you as a customer.
- We ensure that your data, including relevant personal contact details, is used only for the purposes for which you have been presented.