The present conditions of sale are deemed to be known and accepted without reservation by the purchasers.
They are applicable in all their provisions since they are not contrary to those announced before the sale by ELITE EXPORT.
Preamble
ELITE EXPORT organises the sale of animals belonging to breeders who are members of a producer organisation that is a member of the Union. In this capacity, ELITE EXPORT acts by order and on behalf of the breeders who remain the owners of the animals until the adjudication of their sale and subject to full payment of their invoice.
The animals are subject to a withdrawal price set by ELITE EXPORT.
ARTICLE 1: General terms and conditions of sale
The animals are sold by auction. Auctions are held online only.
The animals are sold to the last bidder to have validated the highest bid, provided that this bid has reached the withdrawal price.
No awarded bid may be retracted and, should there be a dispute over a disputed lot, the ELITE EXPORT representative will settle any disagreement according to his own judgement, his decision being final, the parties agreeing to abide by it in advance.
The dematerialised zootechnical information is given as an indication and can in no way engage the responsibility of ELITE EXPORT.
Persons wishing to participate must follow the following procedure:
– The internet address of the sale site is: https://www.elite-export.fr
– The potential buyer must identify himself via a login and a personal password. This identification can be done at any time before the sale of the animal on which the buyer wishes to bid. The buyer provides his surname, first name, the name of his producer organisation or company, his country and his mobile phone number and receives a password by SMS;
– Each animal is put up for sale for a minimum of 3 days;
– A visual signal indicates to the buyer that he is offering the highest bid;
– At the end of this period, if the price exceeds the withdrawal price, the animal is sold to the buyer holding the bid.
Payment is made on receipt of the invoice, and at the latest on the day the animal is collected, bearing in mind that ownership is not transferred until the purchase has been paid for in full.
Each participant is responsible for all bids made in his/her name, from his/her online identification using his/her personal login and password.
ELITE EXPORT reserves the right to interrupt the sale at any time if the technical conditions do not allow the auction to proceed in accordance with the rules. This interruption does not give rise to any compensation for either the sellers or the buyers.
ELITE EXPORT cannot be held responsible for any technical problems occurring during the sale.
ARTICLE 2: Health guarantees
The animals presented for sale meet the following health requirements:
– The farm from which the animal comes is officially recognised as free from legally contagious diseases,
– The herd is qualified A with regard to IBR,
– The herd (all animals aged 2 and over) is free from BVD.
ARTICLE 3: Rights and obligations of sellers
The animals offered for sale by ELITE EXPORT are sold under the exclusive responsibility of the sellers and are sold with the normal legal guarantees.
In the event of a complaint by the buyer, the seller agrees to submit the examination of the dispute to ELITE EXPORT and to defer to its conclusions.
As the animals are sold as breeding stock, any animal that does not fulfil its function as a sire must be taken back by the seller breeder under the conditions stipulated in ELITE EXPORT’s conclusions.
ARTICLE 4: Conditions precedent to sale
The sale of an animal for export shall only be final once the seller has provided the results of any additional tests requested by the buyer.
In the event of unfavourable results, the sale will be considered null and void and the seller may not claim any indemnity or compensation from ELITE EXPORT and/or the buyer.
ARTICLE 5 : Rights and obligations of the buyers
Until the sale, that is to say until the payment and departure of the animal, this one remains the property and under the responsibility of the seller.
After this period, ELITE EXPORT cannot be held responsible for any accidents, illnesses or damage whatsoever occurring to the animals or caused by them to third parties, whether inside or outside the buildings where they are kept.
Unless otherwise stipulated in the sales contract, the buyer is responsible for covering these risks.
No claim, even in the case of a redhibitory defect, is admissible until the buyer has paid the full amount of the purchase.
Any complaint affecting the qualities of the animal sold, and which would be of such a nature as to restrict its use, may only be taken into account with 6 months’ notice from the date of signature of the sales contract.
In order to be valid, the buyer’s complaint must be notified to ELITE EXPORT by registered letter with acknowledgement of receipt.
After investigation and favourable opinion of ELITE EXPORT, to which the parties accept in advance to submit their dispute and to accept the conclusions, the conditions of taking back the animal will be notified to the parties, it being specified that in the event of a request for reimbursement from the buyer, the compensation will be made at the expense of the former owner, on the basis of the sale price of the animal, excluding ELITE EXPORT’s commercial levy.
In the event of any disagreements, the parties expressly waive any direct recourse against ELITE EXPORT, its possible financial liability being limited, in all cases and at the most, to the amount of the commercial commission received by the latter for the sale concerned.
ARTICLE 6 : Terms of payment
Sales are deemed to be payable in cash.
Sale prices are exclusive of tax, ex-works.
Any successful bidder acting on behalf of a third party must have his name mentioned in the sales report, it being understood that the latter will be held jointly and severally liable for the purchase in the event of default by his principal.
The documents relating to the animals will only be handed over to the buyer subject to full payment of the sale price, including costs and fees.
ARTICLE 7: Non-performance
Any non-fulfilment by the contracting party of its payment obligations or any delay in the fulfilment of any of its obligations shall entail the automatic payment, without prior formal notice, of late payment interest calculated at the bank base rate increased by 5 points without prejudice to any damages that may be claimed by ELITE EXPORT.
ARTICLE 8: Liability of ELITE EXPORT
IINTERLIM Génétique Service shall not be held liable for any default or failure to declare on the part of the sellers and/or purchasers with regard to the animals offered for sale.
In this respect, the buyer and/or the seller expressly waive any recourse against INTERLIM Génétique Service to obtain compensation for damages resulting from any hidden defect originating from a failure to declare on the part of the breeder-owner and/or the consequences that may result from a disease or defect observed after the sale and which could not have been detected by the means put in place.
ARTICLE 9: Selling costs
The selling expenses are the responsibility of the seller, for 6% net of tax of the auction price of the animal, and of the buyer for 2% net of tax.
The selling costs do not include any additional expenses inherent in the regulatory export requirements specific to each country (zootechnical certificate costs, health and quarantine costs, etc.) which will be invoiced to the buyer in addition to the selling costs at the price conditions in force on the day of the auction and which will be specified on the sales contract.
Animals are sold with VAT:
1. The buyer is French and subject to VAT: 5.5% will be charged on the total sale price (VAT recoverable),
2. The purchaser is liable for VAT in a European Union member country other than France and the animal is delivered to an EU member country: the purchaser provides his intra-community identification number and is exempt from VAT, subject to the compulsory presentation of proof of export,
3. The buyer is liable for VAT in an EU member state other than France and the animal remains in France: the buyer provides his intra-community identification number and invoices VAT at a rate of 10% (VAT recoverable from the French tax authorities).
4. The buyer is not liable for VAT in France or in another EU member state: VAT will be invoiced at a rate of 2.1% applicable to the entire sale price.
5. The animal is exported outside the EU: Exemption from VAT on presentation of the customs document certifying export.
ARTICLE 10: Collection and transport of animals
The removal and transport of the animals shall be at the buyer’s expense and may, at the buyer’s request, be organised through the assistance of ELITE EXPORT. In this case, transport costs will be calculated according to the number of animals to be transported and the distance to be covered.
Unless otherwise stipulated in the sales contract, no animal will be moved after the sale until it has been fully paid.
ELITE EXPORT’s liability ends as soon as the animals are loaded onto the transporter’s vehicle. As a result, any animal that has left the farm travels under the responsibility and at the risk and peril of the purchaser who must insure himself accordingly and bear the resulting costs.
ARTICLE 11: Retention of title clause
The animal(s) sold shall remain the property of the Vendor until full payment of the price has been made, regardless of any physiological changes or transformations the animal(s) may have undergone (Law no. 80-335 of 12 May 1980).
The Buyer may not resell unpaid animals to third parties without having previously notified the Seller and having obtained its express written agreement.
ARTICLE 12: Jurisdiction
The interpretation and execution of these general terms and conditions of sale, as well as all acts resulting therefrom, shall be governed by French law. In the event of a dispute, only the jurisdictions of the registered office of ELITE EXPORT will be competent, even in the event of multiple plaintiffs or defenders, unless ELITE EXPORT prefers to bring the matter before any other competent jurisdiction, in particular that of the registered office of the contracting party or the location of the goods delivered.