General Terms and Conditions for the sustainable Shrimp™
- Conclusion of The Sustainable Shrimp™ agreement
1.1 These General Terms and Conditions apply to any sale from The Sustainable Shrimp™ (hereinafter referred to as “TSS”).
The General Terms and Conditions apply unless otherwise stated in a separate written agreement between the Parties.
1.2 TSS quotation is subject to confirmation, and TSS reserves the right to intermediate sale.
- The Sustainable Shrimp™ delivery
2.1 Deliveries are subject to incoterms 2000 EXW or later versions thereof unless otherwise stated in NORDIC SEAFOOD’s order confirmation or invoice.
2.2 In case the Customer does not take delivery of the consignment on time, TSS may choose either to cancel or to maintain the agreement. TSS may sell or dispose of the goods at the Customer’s expense and risk, and may claim damages.
2.3 Deliveries within Phuket province are free of charge, other areas and destinations will incur additional delivery charges and terms.
- The Sustainable Shrimp™ defects
3.1 Quantities and numbers of units stated in quotations or order confirmations are approximate, and deviations of 5% or less will not be regarded as a breach of agreement.
3.2 If the Customer wishes certain requirements to be observed as regards the character of the consignment at the location where the Customer wishes to use or sell the consignment, the Customer will be obliged to inform TSS of such requirements.
3.3 Upon delivery, the Customer must immediately examine the consignment thoroughly.
3.4 Any complaints must be made to TSS immediately after the defect is discovered or should have been discovered. The complaint must reach TSS not later than 48 hours after delivery. Failure to complain in time and in the correct manner will result in the Customer forfeiting his right to remedies for breach of agreement.
3.5 If the consignment is defective, TSS may either make a subsequent delivery or a replacement delivery within a reasonable time or grant a proportional reduction in the sales price.
3.6 The Customer is only entitled to cancel the purchase, if the defect is material and is due to negligence on the part of TSS. In case of termination of the purchase agreement, the Customer is further entitled to claim compensation for its loss, however, not in excess of 20% of the purchase price of the defective product.
- The Sustainable Shrimp™ product liability
4.1 The Thai Product liability law in force at any time shall apply to any situation of product liability, subject to the limitations stipulated below.
4.2 Commercial property damages will only be covered, provided these are due to negligence on the part of TSS.
The Customer undertakes to indemnify TSS against any claim from third parties, unless the Customer substantiates that TSS shall carry the final loss pursuant to these General Terms and Conditions, including the limitation of liability under Clause 5 hereof.
- The Sustainable Shrimp™ general limitation of liability
5.1 TSS is not liable for any operating loss, loss of time, loss of profit or any other consequential loss in connection with any delay, defect or product liability. This shall, however, not apply if TSS has acted intentionally.
5.2 Any claim against TSS will lapse unless put forward in writing not later than six months after the fixed time of delivery.
- The Sustainable Shrimp™ and force majeure
6.1 TSS is not liable for any non-performance of its contractual obligations, provided TSS can substantiate that such non-performance is due to circumstances beyond its reasonable control, such as, but not limited to, situations of war, warlike events, fire, strikes, lockouts, bans on exports or imports, embargoes, delayed or defective deliveries of materials from sub-suppliers, production standstills, shortages of energy or transport facilities.
6.2 In that case TSS is entitled to extend the time of delivery correspondingly or to terminate the Agreement. As soon as any such hindrance has been removed, either party will be bound by the agreement, unless previously terminated by TSS. Either party is entitled to terminate the agreement in the event of any hindrance lasting more than three months.
- The Sustainable Shrimp™ governing law and venue
7.1 Any disputes will be settled under Thai law, notwithstanding any provisions of private international law specifying any other choice of law. For international trade, the authentic English version of United Nations’ convention on contracts for the International Sale of goods will apply.
7.2 Disputes are to be settled by the International Court of Arbitration in Thailand in accordance with the rules of procedure of Thai Arbitration in force at any time.
8 The Sustainable Shrimp™ terms of Business:
8.1 50% deposit required to confirm your order.
8.2 Remaining 50% to be paid upon collection of shrimp from our facility, or 1 day prior to delivery of shrimp (if TSS is delivering).
8.3 Prices quoted do not include delivery to the customer, additional costs may be applicable; please contact us to discuss your individual requirements.
8.3 All shrimp will be certified virus and Parasite free, and copies of the original certificate (from the Thai fisheries department Phuket) will be supplied before final payment is made.
8.4 No refunds! TSS shrimps will be certified disease and parasite free upon collection/delivery.
8.5 TSS shrimps are fed on sustainable pellet feed in the nursery and grow out.
TSS does not sell poor quality, diseased or parasite infested shrimp, we only supply healthy strong and Sustainable shrimp.