DTO B.V. General Conditions of Purchase
 
1.Definitions
Confirmation: a hard copy or electronic document sent by DTO to the Hedge Party stating the essential details of each individual Transaction;
DTO: DTO B.V.;
Hedge Party: the party or parties concluding an RMC Agreement with DTO;
Customer Transaction: the Transaction that DTO concludes with its customer forming the basis of the Transaction with the Hedge Party;
RMC Agreement: the Raw Materials Certificate Agreement concluded between DTO and the Hedge Party;
Agreement: the Agreement concluded via the RMC Agreement, the Transactions and the Confirmations;
Transaction: any Transaction concluded at any time between the parties to which the RMC Agreement is declared applicable in the Confirmation or otherwise;
Transaction Date: the day on which the Transaction is concluded;
Fixed Price: price agreed between DTO and the Hedge Party, which cannot be changed for a certain period;
Variable Price: the price set monthly by the agreed party and which can be changed by the latter at any time;
Due Date: any date stated in the RMC Agreement or Confirmation on which the Hedge Party is to fulfil obligations under the respective Transaction.
 
2.Scope of Action
2.1.These General Conditions shall apply to all current and future legal relations between DTO and the Hedge Party unless departed from in the Agreement.
2.2.If the Hedge Party declares other General Conditions to be applicable, these shall not apply in legal relations with DTO unless the latter has agreed these.
2.3.If one or more conditions of these General Conditions shall be fully or partially invalid or invalidated at any time, the other provisions of these General Conditions shall remain fully in force. The parties shall then be obliged as far as possible to rectify this situation in accordance with the invalid or invalidated condition.
2.4.DTO is shall be entitled to unilaterally change the General Conditions. DTO shall then send a copy of the amended conditions to the Hedge Party for inspection.
 
3.Transactions and Confirmations
3.1.The Hedge Party shall be obliged to check the Confirmation for accuracy. The Confirmation that the Hedge Party has legally signed for agreement or the Confirmation that the Hedge Party considers as approved shall be deemed the only and exclusive evidence of the Transaction and the conditions under which the Transaction is entered into.
3.2.The Confirmation shall in any case include the essential details of the Transaction such as the Transaction Date, the date of entry into effect, the Due Date(s) and the applicable prices.
3.3.The Hedge Party hereby gives its approval for the Confirmation to be forwarded electronically.
 
4.Payments and costs
4.1.Payment of all debts owed by the Hedge Party to DTO shall take place by transfer into an account to be provided by and within a payment deadline stated by DTO. The confirmation of the eTransaction shall form the basis for calculating the total price of the Transaction.
4.2.DTO shall pay all its debts to the Hedge Party by transfer into an account to be provided by the Hedge Party.
4.3.All payments to DTO shall be carried out at no charge to DTO and without any offsetting, deduction, withholding or suspension unless agreed otherwise.
4.4.The Hedge Party shall bear all costs relating to the normal carrying out of the Agreement and all costs incurred by DTO and flowing from the fact that the Hedge Party fails to comply, comply on time or comply fully with any obligation under the Agreement including those relating to legal aid, experts, collections and costs of proceedings and the Hedge Party shall pay these to DTO on first request from DTO.
 
5.Liability
5.1.The Hedge Party shall release DTO from any third party claims relating to the Agreement.
5.2.DTO shall not be liable for (the consequences of) incorrect or incomplete information provided by the Hedge Party.
 
6.Power of attorney and representation
DTO may provide a third party with a power of attorney to act on behalf of DTO. The authorized representative shall not be entitled to pass this power of attorney onto a third party.
 
7.Offsetting
DTO may at any time offset all its debts whether or not payable or conditionally by the Hedge Party with counterclaims that the Hedge Party may have against DTO.
 
8.Immediate exigibility
If the Hedge Party is in default in fulfilling any obligation towards DTO, DTO may, as far as necessary, foreclose immediately on its demand against the Hedge Party by termination.  
This shall only not be the case if the insignificant default sum does not justify termination. Termination shall be notified in writing stating the reasons. 
 
9.Interim termination of the Transaction and/or Agreement
DTO shall be entitled at any time to terminate the Transaction and/or the Agreement in the meantime if the Customer Transaction is also terminated in the meantime. 
 
10.Force majeure
DTO shall not be obliged to fulfil any obligation at the expense of DTO towards the Hedge Party if DTO is hindered from doing so due to circumstances not based on guilt or under the law, a legal action or a currently held view.
 
 
 

Contact

Ecopark 75b, 8305 BJ Emmeloord 

T.   0031 (0)527-630500

info@dairytradingonline.com

About DTO

DTO milkpriceguaranteecertificate is a part of Farmel BV