General terms and conditions of sale and delivery Applicable for purchases from the Vilofoss Group (b) not remove, deface or obscure any identifying mark or packaging on or relating to those goods; (c) maintain those goods in satisfactory condition and keep them insured on Vilofoss’ behalf for their full price against all risks with an insurer that is reasonably acceptable to Vilofoss. The buyer shall obtain an endorsement of Vi- lofoss’ interest in the goods on its insurance policy, sub- ject to the insurer being willing to make the endorsement. On request the buyer shall allow Vilofoss to inspect those goods and the insurance policy; and (d) give Vilofoss such information as Vilofoss may reasona- bly require from time to time relating to the goods. In all cases, Vilofoss owns and shall continue to own its intel- lectual property rights (IPR) (including patents, designs, trade- marks, trade names, trade secrets, confidential information, copyrights, databases and any other IPR, more especially in formulas, recipes, specifications and knowhow). 5. Inspection on receipt, complaints and defects 5.1. Inspection on receipt Immediately after delivery, the buyer must check the contents of the delivery note and check that the quantity ordered has been delivered and that the delivery is otherwise in compli- ance with what has been agreed, including in terms of quality. If that is not the case, the buyer is obliged to contact Vilofoss immediately. If the buyer fails to do so before eight days after delivery, no later complaints as to defects in the delivery can be made. It is the buyer's responsibility, from the date of delivery, to store goods in a way so no quality degradation of the goods takes place. That may e.g. be prevention of excessive heat formation and protection against humidity etc. 5.2. Remedies for defective performance Vilofoss may at its own discretion remedy any defects by sub- sequent delivery/replacement delivery within a reasonable time or by granting the buyer a proportionate reduction in the purchase sum. The buyer is not entitled to other remedies for defective performance if Vilofoss remedies the defects by subsequent delivery/replacement delivery or grants the buyer a proportionate reduction. If Vilofoss fails to remedy or make subsequent delivery/replacement delivery within a reasonable time, the buyer may cancel the part of the delivery that is de- fective and to receive a refund in respect of the defective part of the delivery. Defects in one delivery thus does not give the right to cancellation/avoidance of the entire agreement. The buyer cannot apply other remedies for defective performance. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from all contracts with Vilofoss. 6. In particular for purchases of feed/additives 6.1. Product composition All products will be delivered with the agreed nutritional con- tent. However, Vilofoss reserves the right to make changes to the product composition to the extent that Vilofoss finds it nec- essary or appropriate. All changes will be made according to professional guidelines. All goods and products for feed are marketed and delivered according to rules described in the EU regulation on the com- position, guarantees, and latitudes (called the Marketing Reg- ulation), see (EC) no. 767/2009 of 13 July 2009 and the equiv- alent retained legislation in the United Kingdom. If the goods are delivered on different dates, Vilofoss reserves the right, on transition to a new sales date of delivery, to change the limits for the above specifications/guarantees. In case of changes, the price will be adjusted proportionately up- wards or downwards. Vilofoss further reserves the right to make adjustments to the feed mix and thus changes in relation to the specifica- tions/guarantees if necessary due to requirements in the United Kingdom or government interventions or other matters beyond the control of Vilofoss. In case of changes, the price will be adjusted proportionately upwards or downwards. Vilofoss may change the content of the individual raw materi- als in feed mixtures within the limits set for the contractual pe- riod. Information about this may be requested by contacting Vilofoss. 6.2. Production sample For products manufactured by Vilofoss, evidence of non-con- formity or defects and resulting damage shall be analysed by Vilofoss based on a production sample taken in the manufac- ture and kept by Vilofoss and thus not solely by samples taken by the buyer or end user on their own. The above production sample is taken by Vilofoss in connec- tion with every batch of production. Vilofoss shall undertake chemical analysis and assessment of physical quality of rele- vant production samples within a reasonable period. 7. Duties, taxes, currency adjustments etc. 7.1. New duties, taxes etc. In case of changes and/or implementation of import duties, United Kingdom duties or other public duties applicable at the time when the agreement is concluded, in which case the said duty is imposed on Vilofoss, Vilofoss reserves the right to re- invoice the duty to the buyer. The same applies in case of changes and/or implementation of taxes, contributions, fees etc. Further, an amount corresponding to Vilofoss ’ estimated ad- ditional costs can be added to the price in case of implemen- tation of public orders or prohibitions concerning the contents, treatment or production method of the product. 8. Payment/calculation of interest The applicable terms of payment appear on Vilofoss ’ quota- tion. If the buyer ’ s payment is not made in time, or the assumptions of any agreed credit are changed, Vilofoss is entitled to with- hold all further deliveries to the buyer irrespective of the fact that the deliveries are not inter-connected. In case of late payment, a reminder fee may be added as well as a compensation amount, and interest from the due date (whether before or after judgment) can be added. Calculation of interest is made under the interest rates determined by Vi- lofoss from time to time. The interest rate is 10% per annum and is added monthly. Changes to the interest rate is stated on updating these terms and conditions and by indicating the interest rate on statements of account. Information about re- minder fees and compensation amounts may be requested by contacting Vilofoss.
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