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Terms and Conditions

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United Fish Auctions General Terms and Conditions
>> Definitions
>> Article 1. - Director and staff
>> Article 2. - Opening Hours
>> Article 3. - General
>> Article 4. - Seller's Rights and Obligations
>> Article 5. - Buyer's Rights and Obligations
>> Article 6. - Transport to and from the Auction
>> Article 7. - Sorting
>> Article 8. - Auctioning, Buying and Selling
>> Article 9. - Withdrawal of Lots
>> Article 10. - Contract of Sale; Delivery
>> Article 11. - Claims
>> Article 12. - Costs and Payments
>> Article 13.- Use of bins and materials
>> Article 14. - Force majeure
>> Article 15. - Auction's Liability
>> Article 16. - Maintenance of Order
>> Article 17.- Access to the Auction
>> Article 18. - Traffic rules on the premises of the Auction
>> Article 19. - Custom and Habit
>> Article 20. - Governing Law
>> Article 21. - Disputes
>> Article 22. - Effect and Citation
Defintions
In these General Terms and Conditions, unless expressly indicated to the contrary the following words shall have the meanings set forth against them.
Seller : (Dutch: Aanvoerder) a juristic or natural person offering fish for sale through the Auction.
Auction (verb) : (Dutch: Afslaan) the sale of fish through the Auction, whether or not an auction system is employed.
Auctioneer : (Dutch: Afslager) the member of the Auction staff charged with auctioning a given lot of fish.
Director : (Dutch: Directeur) the person appointed to direct the operation of the Auction pursuant to the constitution of the Auction.
Buyer : (Dutch: Koper) a juristic or natural person who buys fish through the Auction.
Withdrawal : (Dutch: Ophouden) the withdrawal from the sale of a given lot of fish.
Withdrawal price: (Dutch Ophoudprijs) the predetermined minimum price below which fish may not be sold.
Producer Organisation : an organisation recognised by a member state of the EU within the meaning of article 5 of Council Regulation (EC) No 104/2000 (OJEC L 17).
Viewing : (Dutch: Schouwen) the opportunity to view fish before it is auctioned.
Sorting : (Dutch: Sorteren) the sorting of fish into species and classes in accordance with industry habit and custom.
Sorters : (Dutch: Sorteerders) natural and/or juristic persons appointed by the Director of the Auction to sort fish.
Standard box : (Dutch: Steek) a quantity of fish (packed or otherwise) determined by the Auction.
The Auction: (Dutch: De Visafslag) United Fish Auctions N.V., and/or its subsidiaries, including Visafslag Stellendam B.V., Visafslag Scheveningen B.V. and Visveiling Colijnsplaat B.V.
Fish : All fish and fish products, crustaceans and molluscs intended for consumption.
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Article 1. - Director and Staff
1. The policy and organisation of the Auction are determined by the authority appointed to do so and/or the Auction is entered in the relevant registers of the Chamber of Commerce.
2. The day-to-day and general management of the Auction is in the hands of the Director.
3. In the absence of the Director his place is taken by his deputy, appointed in accordance with the constitution of the Auction, to whom all authorities and privileges pursuant to these General Terms and Conditions are transferred for the duration of his acting as Director.
4. The Auction is authorised at each of its locations to impose rules which include its Rules & Regulations (Dutch: Huishoudelijk Reglement).
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Article 2. - Opening Hours
1. The opening hours of the Auction and the hours at which fish is auctioned are determined by the Director.
2. The Auction is closed on Sundays, New Year's Day, Ascension Day, Easter Monday, Whit Monday, Christmas Day, Boxing Day (26 December) and on all national and local feast days and holidays, as determined by the Director. The Auction has the right to vary the times of opening.
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Article 3. - General
1. 1.

These General Terms and Conditions are applicable to all offers, instructions and legal relationships and to all contracts arrived at or to be arrived at through the mediation of the Auction.
2. The object of the Auction is to mediate in the making of contracts between sellers and buyers of fish and to carry out for the account of Seller and/or Buyer actions pertaining thereto.
3. Mediating in the making of contracts and the delivery of services pertaining thereto as defined in section 2 above is subject both to these General Terms and Conditions and to the Central Fish Auction Rules (Dutch: Centraal Visafslag Reglement) approved by the National Fish Auction Council (Dutch: Nationaal Overleg Visafslagen). In the event of a conflict between the Central Fish Auction Rules and these General Terms and Conditions, the General Terms and Conditions shall prevail. (Added, i.e. not included in the Dutch version attached: In the event of a conflict of interpretation between the Dutch and English texts of these General Terms and Conditions, the Dutch text shall prevail.)
4. The giving of instructions to mediate and/or the use of the services of the Auction shall be deemed to signify full and absolute acceptance of these General Terms and Conditions.
5. Variations of these General Terms and Conditions or of the Central Fish Auction Rules shall be valid only in so far as they have been agreed between the parties in writing.
6. The Central Fish Auction Rules are available for inspection at the Auction. A copy will be sent free of charge on request.
7. The Auction, sellers, hauliers, buyers, sorters and all other persons working at or for the Auction are duty bound to observe strictly the applicable rules promulgated by the competent administrative authority or authorities, the Fish Marketing Board (Dutch: Productschap Vis) and/or the institutions of the EU. These include in any case article 15 of Council Regulation (EC) 2406/96 (OJEC L334), the regulation setting out rules for the implementation of the common marketing standards regulation (Commission Regulation (EC) 3703/85) and the Regulation laying down health regulations at fish auctions (Dutch: Verordening gezondheidsvoorschriften visafslagen 2000) issued on 27 January 2000 by the Fish Marketing Board. The same natural or juristic persons are also bound by all regulations published by or on behalf of the Auction.
8. These General Terms and Conditions are deemed to include the Tariffs Annex approved and published from time to time by the Auction.
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Article 4. - Seller's Rights and Obligations
1.

This clause shall apply without prejudice to the rights and obligations accruing to the Seller by virtue of other clauses in these General Terms and Conditions and/or rules established by the competent government or other authorities.
2. .The Seller shall make known in a manner to be determined by the Auction his intention to offer fish for sale. The Auction has the right to change the manner or form of such notice, the rules for which are available on request.
3. The act of offering fish for sale shall be deemed in and of itself to signify an instruction by the Seller to the Auction to sell the fish supplied. Without the consent of the Auction it is prohibited to remove part or all of any fish from the Auction once it has been offered for sale.
4. The Auction has the right to impose further requirements vis-à-vis the manner of supply and/or packaging of the fish (including bins and tubs in which the fish is supplied).
5. The Seller must provide the fish supplied by him with adequate means of identification as prescribed in the applicable regulations published by the competent authority and/or as prescribed by the Auction.
6. The Seller shall for his own account and risk arrange transport of the fish to the unloading bay at the Auction. The Seller is responsible and liable for all fish supplied by or on behalf of the Seller until it has been delivered or supplied to the Buyer, unless the fish is offered to the Auction for storage, in which case responsibility for correct storage rests with the Auction provided that the offer for storage is accepted.
7. During its opening hours the Auction shall forthwith unload or procure the unloading of all fish notified and supplied in accordance with the foregoing and shall provide for appropriate storage until the time of sale.
8. The Auction shall not be bound to unload and store or procure the unloading and storage of any fish supplied if it becomes apparent that the rules laid down by the competent government or other authority have not been observed.
9. The Seller shall avail himself of the services of the sorters appointed by the Auction unless the fish is supplied already properly sorted in accordance with the applicable rules.
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Article 5. - Buyer's Rights and Obligations
1.

This clause shall apply without prejudice to the rights and obligations accruing to the Buyer by virtue of other clauses in these General Terms and Conditions and/or rules established by the competent government or other authorities.
.2.

The decision as to whether an intending buyer may buy fish at the Auction rests with the Auction. A buyer will be admitted to the Auction only if:

a. in the judgement of the Auction he has provided a satisfactory bank guarantee payable on demand made out in the name of the Auction. The bank guarantee must cover at least the minimum weekly turnover of the buyer. The Amount of the bank guarantee shall be determined, in consultation with the buyer, by or on behalf of the Director of the Auction.
b. he is registered in the register of the Chamber of Commerce and has provided an original extract of the registration. In the case of foreign juristic or natural persons an extract from a comparable foreign register may be deemed acceptable.
c. he is familiar with the working of the auction system.
3. The Buyer shall follow all instructions given by the staff of the Auction. The Buyer accepts that decisions taken by or on behalf of the Director of the Auction are binding.
4. The Buyer has the right to be represented by an authorised representative in concluding a contract of sale and all other actions pertaining thereto, provided that the authorisation is agreed in writing on the form provided by the Auction and that it has been received by the Auction before the conclusion of the contract.
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Article 6. - Transport to and from the Auction
1. The Seller shall arrange transport of the fish to and from the Auction for his own account and risk.
2. The transport contract is arrived at between the Seller and the Haulier through the mediation of the Auction. The Auction shall at no time be liable for any shortcoming pertaining to the transport contract or mediation of the transport contract save in so far as the result of gross negligence or deliberate action on the part of the Auction.
3. The Haulier and Seller are duty bound to follow the instructions of the Auction in respect of the manner and place of transport to and from the Auction.
4. If the Seller procures the transport of fish from a place other than Scheveningen, Stellendam or Colijnsplaat to one of these three auctions, the Auction will reimburse part of the expenses incurred. The reimbursement shall be the percentage of gross fish turnover shown in the Tariffs Annex, which turnover is the proceeds due to the Seller from the sale of the lot of fish in question, before deductions. The reimbursement shall be no more than the actual total transport costs.
5. If the Seller procures the transport of shrimps from Scheveningen to Colijnsplaat or from Scheveningen to Stellendam, the Auction will reimburse part of the expenses incurred. The reimbursement shall be the percentage of gross fish turnover shown in the Tariffs Annex, which turnover is the proceeds due to the Seller from the sale of the lot of fish in question, before deductions. The reimbursement shall be no more than the actual total haulage costs.
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Article 7. - Sorting
1. Sorting shall be in accordance with the applicable rules promulgated by the competent government or other authorities, including in any case the institutions of the EU, the Ministry of Agriculture, Nature & Food Quality and the Fish Marketing Board.
2. Sorting of fish offered for auction - in so far as not already sorted - shall be deemed to be done for and for the account of the Seller and will be done by sorters appointed for the purpose by the Auction.
3. Sorting may be carried out only in the rooms appointed for the purpose by the Auction.
4. Sorted fish must be placed in appropriate and Auction-approved packaging units (fish bins, tubs etc.).
5. The Auction shall at no time be liable to the Seller, Haulier or Buyer for any damage arising out of sorting work or the manner in which sorting is carried out.
6. The order in which sellers' fish is sorted shall be at the discretion of the Auction. After sorting, the fish of each species from each individual Seller must constitute a single homogenous lot.
7. The Auction shall have the right to impose (through its Rules & Regulations) further rules in respect of the manner in which sorting is carried out.
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Article 8. - Auctioning, Buying and Selling
1.

The fish supplied will be auctioned by descending price (falling clock) auction in a manner and order to be determined by the Auction and at a time to be determined by the Auction.
2. Fish which in the judgement of the competent government or other authorities and/or the Auction is not in a fit state for sale will not be sold and must be removed from the Auction building at the request of the Auction, in so far as the competent government or other authorities do not proceed to its seizure and/or destruction.
3. The Buyer will receive on loan from the Auction a key with which he can identify himself to the auction system. In the event that the key is lost a replacement key will be issued on loan subject to payment of the amount shown in the Tariffs Annex.
4. For the auction of certain species of fish the Auction has the right to set a minimum sale quantity.
5. Where the auction system is being used, the contract of sale comes into being at the moment the auction clock is stopped by or on behalf of the Buyer. The Auctioneer then has the right, at the request of the Buyer, immediately to annul the contract of sale on the grounds of an absence of will, as e.g. in the case of a manifest mistake.
6. The Auctioneer calls or indicates electronically the number of units to be auctioned, stating clearly the species and/or weight of the lot and where it is located ready for sale.
7. The Auctioneer's judgement of whether a contract of sale has been arrived at is binding and it is the Auctioneer who decides to whom the fish has been sold.
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Article 9. - Withdrawal of Lots
1. The Seller has the right no later than the commencement of the sale of the lot concerned to withdraw the lot, notifying the Auctioneer of the withdrawal price.
2. In the event that fish is withdrawn from the auction, the Seller shall be liable for auction fees, sorting charges and possible levies on the withdrawal price of the fish.
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Article 10. - Contract of Sale; Delivery
1. The contract of sale comes into being between the Seller and the Buyer when the lot is knocked down to the Buyer. Unless otherwise agreed in writing, delivery and transfer shall take place on the Auction's premises.
2. The sold fish is deemed delivered and transferred when it is identified by the Buyer's name slip and/or a ticket from the ticket printer. If for whatever reason the fish is not provided with the Buyer's name slip or a ticket from the ticket printer, delivery and transfer shall in any case be deemed to have taken place when the fish has been loaded by, on behalf of or for the Buyer onto or into the vehicle appointed by or on behalf of the Buyer.
3. At the moment of delivery all responsibility and liability for the sold fish passes to the Buyer.
4. The Buyer is duty bound to ensure that the fish bought is removed from the site of the Auction no later than one hour following the conclusion of the last contract of sale arrived at through the mediation of the Auction on the day in question, unless an instruction to store the fish has been received by the Auction.
5. In the event that the Buyer fails to remove the fish he has bought by the time defined in the previous section of this clause (or has failed to have it stored in the refrigerated storage facility operated by the Auction) he shall be in default and the Auction shall be entitled (in part as a means of limiting the damage) to store the fish in the refrigerated facility, the Seller and Buyer shall be deemed to have annulled the contract of sale, and the fish shall be deemed to have been returned, or at least the Buyer shall be deemed to have waived his rights to the fish and the Auction shall have the right to re-auction the lot concerned. Any losses (e.g. storage costs, lower selling price etc.) shall be for the account of the original Buyer, for which eventuality the Buyer undertakes to reimburse all costs arising out of the removal of the fish without the Buyer having any claim to compensation for damages arising out of his loss of ownership of the fish.
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Article 11. - Claims
1.

The Auction gives the Buyer an opportunity before the auction to view (Dutch: schouwen) the fish offered for sale. The Buyer is deemed to have thoroughly inspected the fish before the sale and to be aware of the quality and quantity of the fish.
2. The Buyer accepts the fish in the state in which it is at the time of the sale, unless a demonstrable difference has arisen between the quality and/or quantity of the fish at the moment of sale and at the moment of delivery. In the event that the Buyer believes that the fish is demonstrably not as described in the contract of sale, he must notify the Auction of this forthwith, after which the lot concerned will be inspected by a person or authority to be determined by mutual consent, the findings of which inspection shall be set out in a written report. The findings of this inspection shall be binding on all parties.
3. All rights of the Buyer to make claims of any sort relating to the quality, sorting and/or quantity of the fish as supplied and delivered shall be void from the moment at which the bought fish is loaded into or onto the vehicle to be used.
4. The Buyer shall not have right of recourse as defined in 7:39 ff. of the Netherlands Civil Code.
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Article 12. - Costs and Payments
General
1.

Notwithstanding the Central Fish Auction Rules the amount of the invoice payable by the Buyer shall be paid into the bank account of the Auction within five calendar days following the invoice date. Payment shall in all cases be by bank credit transfer to the Auction's account as shown on the invoice. Under no circumstances whatsoever will payments in cash be accepted.
2. Notwithstanding the terms of the previous section of this Clause the Buyer may also grant the Auction a direct debit facility to draw invoiced amounts from the Buyer's account, in which case the Buyer shall be duty bound to ensure that there is a sufficient balance on his account. Responsibility for the timely payment of invoices rests at all times with the Buyer. In the event of a refusal by the bank to carry out the direct debit and if the Buyer has not paid within the agreed term by means of credit transfer, the Buyer shall automatically be in default as defined in the following section.
3. In the event of late payment the Buyer shall automatically be in default. No notice of default shall be necessary and the Buyer shall be liable for penalty interest as specified in the Tariffs Annex hereto. Penalty interest shall be due over all unpaid sums whose due date has expired. All costs arising out of recovering such claims, including extrajudicial expenses in accordance with the debt recovery tariff of the Dutch Bar Association (Dutch: Nederlandse Orde van Advocaten), shall be for the account of the Buyer.
4. The Auction shall have the right to deduct payments made by the Buyer first from interest and expenses owed, then from the amounts due on the invoice with the earliest due date, and so on, regardless of whether the Buyer has indicated that the payment has been made in settlement of a later invoice.
5. In the event that the Buyer is in default and/or the bank guarantee has in the sole judgement of the Director of the Auction been greatly exceeded, the Auction shall have the right to refuse the conclusion of further contracts of sale until the deficit has been made up and/or the bank guarantee is sufficient or in the judgement of the Auction the Buyer has provided sufficient other surety.
6. In the event that the Buyer is in default, the Auction shall forthwith have the right to require payment of the Buyer's bank guarantee.
Transport costs for Seller
7. Transport costs shall be determined in part by reference to the Auction's tariffs annex as it is applicable at the time, save as otherwise agreed by the parties in writing.
8.

The amount payable by the Seller to the Haulier for the transport of fish will be levied from the Seller by the Auction on behalf of the Haulier, save as otherwise agreed in writing.
9. Transport costs will be paid by deduction from the sum due to the Seller, who is deemed to have given instructions and permission for such deduction. The Seller is deemed further to have instructed the Auction to pay the cost of transport to the Haulier.
10. The Auction undertakes vis-à-vis the Haulier and the Seller to pay the Haulier the total of the transport costs levied in this way no later than five working days following delivery to the Auction of the relevant lot of fish, provided that the transport ticket has been received by the Auction no later than the day on which the fish is supplied.
Sorting costs
11.

The Seller is deemed to have given permission to the Auction to pay the amount levied from the sellers for the sorters by deductions from the sum due to the Seller.
12. The Auction shall pay the total of the amount thus levied for sorting within five (5) working days following the sorting in question to the sorters by transfer to the bank or giro account indicated by the sorters, or to the juristic person by whom the sorters are employed, save as other arrangements have been agreed between the sorters and the Auction.
13. In the event that the freshness and size class of the homogeneous lot of fish varies by more than 10% from the approved class and the fish has not yet left the auction building, the sorters concerned shall not be entitled to charge any remuneration for the re-sorting necessitated thereby. Re-sorting free of charge will also take place if required by the competent authorities (General Inspectorate (Dutch: AID), Marketing Board) on discovery of a sorting error.
Auction costs
14.

The auction fees are determined on the basis of the Tariffs Annex applicable on the date in question.
15. The Seller shall pay the Auction fees for the sale of fish through the Auction and/or for the sorting and weighing of fish which has been withdrawn by the Seller.
16. Auction fees are paid by deduction from the sum payable to the Seller following the sale, for which deduction the Seller is deemed to have given the Auction instructions and permission. In so far as the auction fees cannot be deducted from the sum payable to the Seller they will be charged to the Seller by means of an invoice.
17. The Buyer is liable for auction fees for the purchase of fish through the Auction. Buyers' auction fees are composed of a fixed amount per invoice plus an amount per kilo of fish bought. The rate per kilo depends on the total number of kilos bought. Both rates are shown in the Tariffs Annex.
Water, electricity and waste handling
18.

.The Seller pays for the use of water and electricity and for the provision and use of waste containers according to a tariff shown in the Tariffs Annex.
19. Charges for water and electricity are paid through a fixed deduction per invoice based on historical consumption. At the end of each year the instalments paid during the year are deducted from the sum total for the year after which final settlement is made.
Auction proceeds
20. The sum payable to the Seller consists of the proceeds of the sale of the lot of fish concerned, less auction fees and other fees, levies and taxes for which the Seller is liable pursuant to these General Terms and Conditions and regulations laid down by the competent government and other authorities, details of which payments and deductions shall be shown on the disbursement schedule (Dutch: besommingsbrief) issued by the Auction.
21. The Seller is deemed to have instructed the Auction to collect from the Buyer for and under his own name the sale proceeds from the relevant lot.
Total due to Seller
21. The total amount due to the Seller will be paid as per the disbursement schedule within four working days following the sale of the relevant lot of fish.
22. The Auction cannot adduce non-payment by the Buyer as an argument for not disbursing to the Seller the total amount due to the Seller.
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Article 13.- Use of bins and materials
1.

The Seller, Haulier of Buyer (within this Clause hereinafter called collectively "the user") may require the Auction to make available to him as many fish bins as he may need, for which a charge will be made by the Auction. The Auction is duty bound to maintain a proper record of this. The amount of the charge is determined by the Auction and is shown in the Tariffs Annex.
2. The charge payable by the user will so far as possible be deducted from any amounts payable to the user by the Auction, for which deduction the user is deemed to have given the Auction instructions and permission.
3. Fish bins remain the property of the Auction. The user shall not make fish bins available to third parties save with written permission from the Auction.
4. If the Auction gives permission for use by third parties this is subject to the express condition that the user informs the third party concerned that the bins in question are the property of the Auction and that the third party is not entitled to burden, pledge, hire out, alienate or lend them or to act in any way that would effectively render the Auction's proprietary right in them null and void.
5. The Auction keeps a record of the fish bins in use. At least once a year, at a date and time determined by the Auction, an audit will be carried out to determine how many bins the user is using. The user shall at all times collaborate with the Auction in determining the number of fish bins he is using. If in any year the user has fewer bins in his possession than according to the Auction's records were made available to him, the user will be liable for an amount determined by the Auction for each missing bin. The Auction's records shall be conclusive unless the user can produce evidence to the contrary.
6. Any bins made available to the user are intended solely for the transport of fish to and from the Auction and no other use will be permitted.
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Article 14. - Force majeure
1. As force majeure will be deemed all circumstances that were both unforeseen at the commencement of the obligation and cannot be attributed to the Auction, as a result of which performance of the agreement becomes impracticable or burdensome to the extent that it cannot reasonably be required of the Auction. Force majeure in the above sense, i.e. circumstances for whose consequences the Auction cannot he held liable and/or which are not for the account and risk of the Auction, shall include but shall not be limited to war, mobilisation, strikes, interruption of the electricity supply, failure of the computer files and/or the Internet connection, faults in the auction system, fire on the premises and/or business interruption, weather and/or other circumstances as a result of which the supply of fish is reduced or halted, and all circumstances which interfere with the normal operation of and cannot be attributed to the Auction, including the failure of third parties in their obligations vis-à-vis the Auction as a result of which the Auction is unable to operate in the usual or intended manner.
2. In the event of force majeure the Auction has the right to suspend performance of its obligations for the duration of the force majeure.
3. However, in the event that the force majeure lasts longer than one week or if it should earlier become apparent that the duration of the force majeure will be longer than one week, the Auction shall have the right to dissolve the agreement to the extent of that part thereof which has yet to be performed, without being liable for compensation for any loss of whatever kind and scope.
4. In the circumstances defined in sections two and three of this Clause the Auction shall, if it exercises any of the rights there defined, forthwith inform the Seller and/or Buyer and/or the customer for the service concerned. Such notice shall be given by e-mail, fax and/or registered letter.
5. Government measures which obstruct and/or render financially disadvantageous the performance of the obligation entered into by the Auction shall give the Auction the right to dissolve the agreement to the extent of that part thereof which has yet to be performed, without being liable for payment of compensation, or, at its sole election, to require the other party to reimburse it (the Auction) the loss suffered by it as a result of the measures concerned.
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Article 15. - Auction's Liability
1. The Auction shall not be liable for any loss or damage arising out of any goods or services provided by the Auction in so far as such loss or damage exceeds the insured amount if the Auction has insurance against the risk concerned.
2. The Auction and its employees shall at no time be liable for loss or damage sustained by vessels, vehicles, persons, materials and/or objects in the widest sense of these terms, save in the case of gross negligence or deliberate action by the Auction or the employee concerned.
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Article 16. - Maintenance of Order
1. The maintenance of order on the premises of the Auction is the responsibility of the Director of the Auction.
2. Any person on the premises of the Auction shall forthwith carry out any orders or instructions given by or on behalf of the Director of the Auction in the exercise of his duty of maintenance of order on the premises and shall further refrain from any action which might cause damage to the property of the Auction and/or of third parties.
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Article 17.- Access to the Auction
1. The Auction has the right to deny sellers, hauliers, buyers and other persons access to the Auction for a defined or indefinite period in the event that those concerned fail even after a warning to observe the rules laid down by the competent government or other authorities, the terms of these General Terms and Conditions and/or any further rules or instructions imposed by the Director.
2. It is prohibited to enter the premises of the Auction with a cycle, moped or other motor vehicle save with prior permission from the Auction.
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Article 18. - Traffic rules on the premises of the Auction
1 All traffic throughout the premises of the Auction shall be governed by the Road Traffic Regulations (Dutch: Wegenverkeersregelgeving), including those areas not accessible to the public.
2. The Auction shall not be liable for any loss or damage resulting from accidents occurring on the premises of the Auction save in the case of gross negligence or deliberate action on the part of the Auction.
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Article 19. - Custom and Habit
1. Cases not provided for by these General Terms and Conditions, applicable laws or the rules established by the Auction shall be governed by the custom and habit of the place in which the Auction concerned is situated.
2. In the event that a situation cannot be resolved by custom and habit it shall be resolved by the Director acting with reasonableness and fairness.
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Article 20. - Governing Law
1. All legal relationships between the Auction and its employees on the one hand and the sellers, hauliers, buyers and sorters on the other hand, and between them as groups and individuals, shall be governed solely by the law of the Netherlands regardless of the nationality, place of residence or domicile of the juristic and/or natural persons concerned.
2. The United Nations Convention on Contracts for the International Sales of Goods (1980), otherwise known as the Vienna Convention or CISG, shall not apply.
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Article 21. - Disputes
1. In the event of a dispute between parties relating to the Auction, the parties shall first lay their dispute before the Director of the Auction, who will try to resolve the situation amicably.
2. If a dispute cannot be settled amicably as above, the court of the place in which the Auction in question is established shall be the sole court of competent jurisdiction.
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Article 22. - Effect and Citation
  These General Terms and Conditions come into force on 1 January 2007 and replace all earlier General Terms and Conditions and/or rules.
  These General Terms and Conditions may be cited as "General Terms and Conditions, United Fish Auctions".
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