Conclusion and formation of the contract Art. 11 fruits seeds trading


 


Section IV. Conclusion and formation of the contract
Art. 11
11.1 A contract is concluded at the moment when the acceptance of an offer becomes effective in
accordance with the provisions of these Rules.
11.2 For the purposes of these Rules an offer, declaration of acceptance or any other indication of
intention "reaches" the addressee when it is made orally to him or delivered by any other means to
him, to his place of business or mailing address.
Art. 12
12 A contract of sale need not be concluded in or evidenced by writing and is not subject to any
other requirement as to form. It may be proved by any means, including witnesses.
Art. 13
13.1 A contract established by a broker shall be binding on both parties when they have received a
communication from the broker with the mutually accepted contractual, unless one of the parties
rejects the contract. In such a case, the rejection shall be declared by telecommunication to the
broker within a maximum of 48 hours after the receipt of the communication from the broker.
PART C. MAIN OBLIGATIONS OF THE PARTIES AND GENERAL CONDITIONS
Section V. Main obligations of the parties
Art. 14
14.1 The Seller must deliver the seeds, hand over any documents relating to them and transfer the
property of the seeds, as required by the contract and these Rules.
1


4.2 The Seller must deliver seeds which are of the quantity, quality and description required by the
contract and which are contained or packaged in the manner required by the contract or, failing an
express agreement, as required by these Rules.
14.3 The Buyer must pay the price for the seeds and take delivery of them as required by the
contract and these Rules.
14.4 The Buyer's obligation to pay the price includes taking such steps and complying with such
formalities as may be required under the contract or any laws and regulations to enable payment to
be made. The Buyer must pay the price on the date fixed by or determinable from the contract and
these Rules without the need for any request or compliance with any formality on the part of the
Seller.
14.5 The Buyer's obligation to take delivery consists of: (


a) doing all the acts which could reasonably
be expected of him in order to enable the Seller to make delivery; and (b) taking property of the
seeds.
Section VI. Quantity
Art. 15
15.1 The contract shall indicate the total quantity of the transaction either by seed count, weight or
volume.
15.2 In case of seed count, the seller may be required by contract to specify the number of kernels
contained in the standard unit. The tolerance shall be +/- 2%, if not stated “minimum” or “maximum”.
15.3 In case of seed weight, it shall clearly be indicated in the contract if the quantities are
expressed in kilograms (kg), or in pounds (lb). If necessary, the following conversions shall apply:
1 kg = 2.205 lb; 1 lb = 0.4536 kg.
Art. 16
16.1 The addition of the word "about" or "approximately" or similar, shall authorize the Seller to
deliver, under the conditions of the contract, a quantity up to +/- 5% than the quantity agreed to in the
contract.
16.2 In a situation of non-delivery or partial delivery, the quantity indicated in the contract shall serve
as the basis for the accounting.
Art. 17
If the quantity agreed to in the contract ranges between two figures, the Seller shall deliver within
these limits. In case of non-delivery or partial delivery, the average of the two figures shall serve as
basis for the accounting.

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