Sardine Export Contract - Reyad Pesca Sarl
Sardine Export Contract - Reyad Pesca Sarl
The contract includes a clause that requires the injured party to send a written complaint within a maximum of three months after the goods arrive at the port of final destination. This establishes a contingency process for addressing non-compliance .
The contract specifies that once caught, the fish is kept at a temperature close to melting ice. Freezing occurs within ten hours after the fish lands from the boat, at a lower core temperature of -18°C. The sardines used for deep-freezing should be category A, and the fish must not have brown spots from fat oxidation or denaturation of flesh. Additionally, the fish products must not contain more than 40 ppm histamine .
The contract specifies that arbitration will take place under the mediation and arbitration rules of the Centre of Mediation and Arbitration of Paris, and the arbitration itself will be conducted in French. If the agreement's provisions don't resolve the dispute, French law applies. The arbitration's place is Paris, France .
The agreement stipulates that organoleptic characteristics for sardines used in deep-freezing must be of category A, without brown spots from fat oxidation or denaturation of flesh. Chemically, the fish must not contain more than 40 ppm of histamine to ensure quality according to the contract .
The contract states that if there is non-compliance with the specified standards, the buyer must submit a complaint in writing within three months from the arrival of the goods at their final destination port .
The contract details that the fish products will be packaged in cartons with a net weight of 20 kg per frozen block. The bags, films, and cardboard in contact with the product are approved for food contact, and a food certificate can be provided upon request .
According to their agreement, Reyad Pesca Sarl is responsible for all shipping costs from Morocco as provided by law. However, all costs of transport from the port to the final destination are the responsibility of the buyer, Xi'anchuan IMP&EXP Co., LTD .
Reyad Pesca Sarl notes that their ability to fulfill the export agreement may be limited by occasional product unavailability due to climate conditions. The contract addresses this by stating that Reyad Pesca Sarl does not take export responsibility in such instances .
The contract specifies that in the event of a dispute, the provisions of the agreement will be applied first. If these do not resolve the dispute, French law will apply. Any litigation that cannot be resolved amicably will be submitted to arbitration according to the rules of the Center of Mediation and Arbitration of Paris (CMAP). The arbitration will take place in Paris, France, and will be conducted in French .
The agreed payment terms specify that 40% of the payment will be made in advance, while the remaining 60% is payable against the Bill of Lading (B/L), with payments conducted via bank-to-bank transactions .