TERMS AND CONDITIONS

1.    Validity of our general conditions of sale and delivery

The general terms and conditions of sale and delivery are binding in the event that you wish to receive a quotation or await confirmation of an order. Other conditions are only accepted when confirmed in writing by Bulagro 97 LTD. Other agreements between Bulagro 97 and the Buyer, other than the General Terms and Conditions of Sale and Delivery, shall remain, but the General Terms and Conditions shall prevail.

2.    Offers

Our Offers are valid for six months unless a different period is specified in the Offer. Production and vaccination programmes and Offers made by Bulagro 97 are confidential and must not be reproduced or presented to third parties. 

3.    Orders

Orders are accepted in writing by e-mail. Confirmation of the Order shall be made in writing by e-mail. The proforma shall be deemed to be confirmation of the order. 

4.    Cancellation of Orders

Cancellation of orders may only be made in writing at least thirty days prior to the scheduled delivery of the chickens. In this case, the Buyer shall not be liable for a penalty for non-performance. In the case of an order cancelled in time and advance payment is made, the amount shall be refunded by Bulagro 97 within seven days of written notification.

5.    Prices

Our prices do not include vaccines and transport. Delivery terms are determined according to Incoterms 2010 (Incoterms, abbreviated from International Commercial Terms). Prices do not include VAT. Sales in Bulgaria are subject to 20% VAT. Sales in the EU and other third countries are not subject to VAT. Bulagro 97 provides for each individual delivery 2% of chicks free of charge, intended to compensate the buyer for any errors in grading, sexing, counting of chicks, mortality during transport and vaccination errors.

6.    Payments

Upon acceptance of an order, Bulagro 97shal l prepare a Proforma Invoice for the relevant delivery. After receipt of advance payment, the corresponding advance invoice is issued within three days. After delivery of the goods, a final invoice is issued within five working days. Invoices shall be paid in accordance with the terms specified therein. In the event of a delay in advance payment, Bulagro 97 AD shall be entitled to change the delivery date. In the event of cancellation of an order after an advance payment has been made and outside the period mentioned in point 4, Bulagro 97 is entitled to retain the advance payment as a penalty by default. Bulagro 97 shall be entitled to make further claims in excess of the advance payment in the event of an order being cancelled without justification and in the absence of force majeure. In cases of late payment, Bulagro 97 S.A. shall be entitled to charge interest at the rate of 15% per annum. 

7.    Retention of title

Chickens delivered shall remain the property of Bulagro 97 until paid for in full. The costs incurred by the purchaser in rearing the chickens shall be borne entirely by the purchaser. Bulagro 97 reserves the right of disposal regardless of the age of the chickens.

8.    Vaccination of day-old chicks

The chicks are vaccinated at the hatchery according to the Customer's Request for Marek's disease, Infectious bronchitis, Pseudorabies, Infectious bursitis, Infectious laryngotrachitis, etc. The price of the vaccine includes the application. The vaccination protocol describes the type and method of application of the vaccines administered. In the event of an Order with incompatible vaccines, Bulagro 97 shall promptly notify the Purchaser. 

9.    Separation by sex

When sexing chicks for brown eggs, an error of 1 in 1000 is possible. When sexing chicks for white eggs, an error of 2 per 100 eggs is possible.

10.    Packing

The chicks are packed in special plastic crates for live chicks of 100 pieces or in special corrugated cardboard boxes for live chicks of 80 pieces. The plastic cassettes are washed and disinfected before and after each use. The corrugated cardboard boxes are not included in the price of the chickens.

11.    Health status

The chickens are free from Salmonella enterica, Mycoplasma galisepticum, Aspergillus fumigates and Pasteurella multocida. The control of the breeding farm is carried out in accordance with Regulation (EU) No 200/2010. Production is organised in accordance with EC Directives 93/342/EEC, 30/539/EEC and 90/539/EEC.

12.    Dispatch and delivery

According to the stated delivery terms of Incoterms 2010, the goods are delivered to the Buyer. In the case of acceptance of the goods at the Hatchery of Bulagro 97, the responsibility for transport shall be the sole responsibility of the Buyer or the authorised carrier. In cases of import permits not being presented, import payments not being made on the chickens and other activities not being carried out by the Buyer for the expeditious passage through border crossings and customs clearance of the goods, Bulagro 97 shall not be held responsible for the quality of the delivery. The documents of entry and transit customs shall be executed by an authorized forwarding company designated by Bulagro 97 Customs clearance documents shall be handled by an authorized freight forwarding company designated by the Buyer. Both parties shall be notified of the choice of the relevant freight forwarding company three days prior to shipment of the goods. In cases where the incoming customs office is a customs clearing office, the documents shall be processed by the forwarding company designated by Bulagro 97. Veterinary fees, travel charges and freight forwarding costs at the entry and transit customs shall be borne by Bulagro 97. All customs clearance and other costs arising from the import of the chickens shall be borne by the Buyer. Bulagro 97 shall notify the Buyer three days in advance of the date and estimated time of delivery. The Buyer shall be obliged to take all steps necessary for the prompt washing and unloading of the chickens regardless of the time of arrival.

13.    Warranties and claims

Bulagro 97 S.A. guarantees the health status, origin and genetic potential of its products in accordance with the issued certificates and technological guidelines. In the event that the Buyer does not comply with the recommendations set out in the technological manual, he is solely responsible for the resulting defects. Complaints shall be accepted in writing. In case of necessity, the Purchaser shall provide access to the poultry building to a representative of Bulagro 97 S.A. under strict biosecurity measures. Bulagro 97 shall provide a Visit Report containing findings and recommendations. The complaint shall be accepted or rejected in writing by email. In case of rejection, the arguments shall be planted. In the case of acceptance of a Complaint, the method of compensation of the Buyer shall be indicated.

14.    Trade discounts

For quantities exceeding 100,000 chickens per year, Bulagro 97 shall make a 2% Trade Discount. The discount is not valid for deliveries below 15,000 chickens per batch. The trade discount is charged on each individual delivery. Bulagro 97 reserves the right to recover the Commercial Discount from the Buyer in the event that the quantity of 100,000 chickens per year is not fulfilled as per the Order placed.

15.    Forsmajor

Force majeure means a circumstance (event) of an extraordinary nature which occurred after the conclusion of the contract, could not have been foreseen and does not depend on the will of the parties, such as: fire, acts of war, natural disasters - storms, heavy rains, floods, hail, earthquakes, etc. natural disasters, veterinary bans, embargoes, government bans, strikes, riots, disturbances, etc.

16.    Arbitration

All disputes arising in the performance of the contracts for the sale and purchase of day-old chicks shall be settled by the Court of Arbitration of the Bulgarian Chamber of Commerce.