General Terms & Conditions for Food Contracts

with NAF Trading A/S

 

Doc. ID: GTC.2.v1 20150916

 

01.

The terms and conditions stated herein shall apply to all contracts entered into after 15 September 2015 under which NAF Trading A/S (in the following “NAF”) purchases food products in its own name and for its own account. Stipulations in NAF order confirmations shall, however, take precedence over the terms and conditions stated herein.

 

02.

Definitions

  • The term “food products” specifically includes, but shall not be limited to, coffee and tea products. “Tea” shall be understood to include also Rooibos and other herbs intended for use in herbal infusions.
  • “Seller” means any company or person under contract to supply food products to NAF as per an NAF order confirmation.
  • “B/L” means Bill of Lading for consignments shipped by ocean vessel and shall be considered also to mean any other similar transport documents for consignments transported by other means.
  • “Bag” means bag, sack, carton or any other packing used for the food product in question.

 

03.

If the Seller finds that there are terms and conditions (herein or in NAF order confirmations or in any other contract document) with which it is unable to comply, then the Seller shall notify NAF immediately with a view to agreeing alternative solutions to the satisfaction of all parties concerned.

 

04.

On receipt of an order confirmation from NAF the Seller shall note the NAF order confirmation number and use the said number in all contract communications with NAF in order for NAF to comply with the traceability requirements of food authorities and/or standards associated with FLO Fairtrade, Utz, Rainforest Alliance or similar standards.

 

05.

For any consignment of products the Seller shall provide all customary documents as well as documents which may additionally be requested by NAF. At least the Seller’s invoice and the B/L shall state the NAF order confirmation number. All other documents concerning the contract in question shall contain references that will link them to the Seller’s invoice and/or the NAF order confirmation number.

 

06.

As regards the quality, handling, packing material, marking of bags and wording of documents relating to products supplied under contracts with NAF the Seller shall be responsible for compliance with all legal requirements in the EU and the country of destination. This responsibility extends specifically also to certified organic products.

Similarly, for products certified as FLO Fairtrade, Rainforest Alliance, Utz or similar standards the Seller shall be responsible for compliance with the standard in question as well as any compliance criteria associated with the standards in terms of handling, quality, packing material, marking of bags and wording of documents.

 

07.

The parties to any given contract for food products shall always seek to settle amicably any quality, weight or other claims that may be raised. Claims shall be raised in writing by one party to the other, and the party raising the claim shall allow the party against which the claim is being raised ample time to respond and to present its own views. Resolution of a claim dispute through legal proceedings or formal arbitration shall be considered by both parties to any such dispute only as a last resort. This item 07 applies to contracts for coffee without prejudice to the stipulations of the European Contract for Coffee.