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General Terms and Conditions of Sale
1. Purpose and Scope
These General Terms and Conditions of Sale apply to all sales of live cattle carried out by our company Schalk Nutztiere GmbH, intended for export, regardless of the country of destination, unless expressly agreed otherwise in writing between the parties.
2. Selection, Weighing and Origin Documents
The cattle are selected in accordance with the specifications agreed with the buyer.
Weighing is carried out at the place of loading in the country of origin in accordance with standard professional practices and may take place in the presence of the buyer or its representatives, should they wish to attend.
The weighing records, transport documents and veterinary certificates issued at the place of loading constitute the reference documents and attest to the conformity of the goods at the time of delivery to the carrier.
3. Weight Loss During Transport
In the international trade of live animals, it is universally recognized that cattle experience a natural and temporary loss of weight during transport, in particular due to:
- the duration of transport,
- transport-related stress,
- climatic conditions,
- waiting times at ports,
- changes in feeding and watering.
Such weight loss varies depending on the duration and conditions of transport and does not constitute a lack of conformity or a breach of contract.
Fattening cattle are intended to recover their weight rapidly during the first days after arrival, particularly during the rest or quarantine period.
4. Weight Tolerance
Unless expressly agreed otherwise, a weight tolerance is deemed accepted by the buyer in accordance with customary practices in the live cattle trade.
Any determination of weight made after the transfer of risk shall not be binding on the seller.
5. Transfer of Risk
Unless otherwise agreed in writing, sales are concluded in accordance with the applicable Incoterms® (in particular FOB, CFR or CIF).
The risk relating to the goods passes to the buyer upon loading at the port or at the agreed point of departure.
The seller shall not be liable for any events or variations occurring after this transfer of risk, including any transport-related weight loss.
6. Acceptance of the Goods
The taking possession of the goods by the buyer, their customs clearance, quarantine, use or resale shall constitute final and unconditional acceptance of the conformity of the delivery.
Subsequent claims may not be based on circumstances that were known or foreseeable at the time of transport, in particular the natural loss of weight.
