1. Scope of application and basis: These General Terms and Conditions (GTC) apply to all purchases and sales of fenaco of grains, oilseeds, protein crops and feed products, unless any agreements to the contrary are made in writing. By signing the agreement, the contracting party confirms to have read the GTC and to agree to them. The GTC can be viewed at any time on the homepage of fenaco GOF. fenaco operates based on its certified quality management system (QMS) in accordance with ISO 9001:2008 and ISO 22000:2005 as well as in some areas according to GMP+B3 (2007). The contracting party agrees to support fenaco in meeting these quality standards.
2. Market practices: The parties recognise the practices of the Swiss Grain Exchange in Lucerne in their current form, unless any provisions to the contrary have been agreed in these general terms and conditions or in any written agreements. If industry standard rules exist such as the the regulations of the Swiss industry organisation of grains, oilseeds and protein crops (swiss granum), then these shall apply. For trade in roughage and grit, the Swiss industry standard rules and practices for sugar and byproducts and the general business and sales conditions of Schweizer Zucker AG apply and for salts the general business and sales conditions of Schweizer Salinen AG apply.
3. Conditions of good collection practices: Suppliers of domestic grains, oilseeds and protein crops agree to abide by the current Good Collection Practices (GCP) established by fenaco specifically for these product groups. The documents were brought to the attention of the supplier and have been handed over to him. They can also be viewed at any time on the homepage of fenaco GOF.
4. Quality Appraisal: The quality and condition of the goods ascertained and written on the delivery documentation during loading at the point of departure is decisive for contract performance. Any correctly identified, obvious quality differences established at the receiving point when grains, oilseeds and protein crops are first unloaded, shall affect contract performance.
5. Weight determination: The loading weight of the goods ascertained and written on the delivery documentation during loading at the point of departure is decisive for contract performance. Any correctly identified, obvious weight differences established at the receiving point when grains, oilseeds and protein crops are first unloaded, shall affect contract performance. Weight differences due to faulty transportation shall be recorded by a third party (transport officials, government agencies, experts, etc.).
6. Analytical and natural weight billing: The current guidelines of the Swiss industry organisation of grains, oilseeds and protein crops (swiss granum) apply unless any agreements to the contrary are made. Quality billing for feed products and imported goods is done according to the contract conditions of the supplier on the basis of the contract price excluding duties and import taxes.
7. GMO conditions: fenaco shall only enter into agreements for grains, oilseeds, protein crops and feed proteins if the product-specific conditions relating to GMOs have been been met at contract conclusion. These product-specific conditions are written into the agreement as contract terms.
8. Complaints: A purchaser shall promptly check the quality and condition of goods sold by fenaco upon delivery and report any defects to fenaco immediately, at the latest when starting to unload. If the purchaser fails to do so, the purchased and delivered goods shall be deemed to be accepted unless the defects are of such a type that they were not visible despite careful examination (so-called hidden defects). In the case of hidden defects, a written notice shall be sent to fenaco no later than 2 business days after their discovery. Claims for defects shall expire 90 business days after delivery of the goods by fenaco.
9. Liability: fenaco shall be solely liable for direct damage to the delivered good caused by them intentionally or through gross negligence. Liability for slight negligence shall be excluded. fenaco shall not be liable for any damage caused subsequently to the delivered goods. In particular, fenaco is not responsible for the costs arising from loss of production nor for any consequential damages of any kind that arise from the use of the defective goods. Liability for auxiliary personnel is excluded to the extent permitted by law. The injured party shall take all reasonable measures possible to prevent the occurrence or enlargement of the damage.
10. Freight charges: If freight charges change between contract conclusion and the delivery of goods as a result of government action, these changes shall be debited/credited from/to the purchaser. If the purchaser changes the contractually stipulated freight parity, any freight differences shall be credited/ debited to/from the purchaser.
11. Unloading of the means of transport and storage: The operating instructions of the fenaco GOF QMS and the relevant service contracts shall apply. These instructions were brought to the attention of the supplier/service provider and have been handed over to him. They can also be viewed at any time on the homepage of fenaco GOF. The means of transport shall be unloaded by the purchaser within the time-frame indicated by the transport company. Any additional costs incurred due to a delay, shall be borne by the originator.
12. Compulsory stock: Delivery from compulsory stock shall be deemed as satisfactory contract performance and is also subject to the practices of the Swiss Grain Exchange in Lucerne, unless provisions to the contrary have been agreed in the relevant contract.
13. Prepayment and interest for late payment: fenaco reserves the right at any time, contrary to the contractually agreed payment period, to only deliver goods against advance payment. In the case of interest for late payment, the provisions of Art. 104 of the Swiss Code of Obligations apply.
14. Official measures: The purchaser shall be liable for any consequences and obligations that are due to official measures imposed on the seller. fenaco shall take any measures necessary to control costs under its duty of care.
15. Applicable law: The legal relationship between fenaco and the contracting party is subject to Swiss law to the exclusion of private international law / conflict of law and the UN Sales Convention (CISC).
16. Arbitration: The parties shall endeavour to amicably resolve any differences of opinions. If this is not possible then the differences shall be resolved by an arbitration tribunal appointed by the Swiss Grain Exchange in Lucerne.
17. Precedence of the German version: These GTC have been written in German, French and English. In the case of discrepancy, the German version shall prevail.