ADDITIONAL TERMS AND CONDITIONS BEING AN INTEGRAL PART OF THE SUPPLY CONTRACT

§1
		1.1  The Buyer undertakes to provide tanker lorries suitable for carrying cream/milk and milk concentrate/ whey concentrate.
		1.2  The Seller undertakes to check tanker lorry attestation documents and a cleaning certificate confirming that a tanker lorry is suitable for carrying goods before loading them.
		1.3  The Seller undertakes to inform the Buyer immediately of any detected non-compliance by fax, e-mail or text.
1.4  The Seller undertakes to seal the valves and chambers of a tanker lorry in the presence of a driver and after completing the loading operation.
1.5  The Seller undertakes to provide the Buyer with loading documents within maximum 2 days since the date of loading by fax or e-mail.

§2
2.1	The Seller shall issue to the driver a labelled sample collected from a batch of loaded goods in a sealed container. The sample shall be placed in a vehicle fridge immediately. The sample shall not be issued if a driver has no fridge in the truck, which is to be noted in the goods issue document. The remaining part of the sample shall be tested for the content of fat / dry matter. The certificate of analysis from the Seller’s laboratory shall be given to the driver and the Buyer. Until the confirmation of the declared quality by the Buyer, the Seller shall keep an archival sample of the loaded goods in its laboratory, however for maximum 5 days in case of cream, 3 days in case of pasteurized milk and 7 days in case of milk concentrate.

Raw material delivery settlement:

2.2	The quantity and quality handover of raw material takes place pursuant to the results of laboratory tests and warehouse documents.
2.3	If any non-compliance occurs with regard to the content of fat units / dry matter in kg/l, the following procedures shall be applied:

a)	If the difference ≤ 1%, the average laboratory results of the Seller and the Buyer shall be the basis for the settlement of fat / dry matter units between the Parties.

b)	If the difference > 1%, the average results of an independent laboratory of the Seller and the Buyer shall be the basis for the settlement of fat / dry matter units between the Parties.

2.4	If any non-compliance occurs with regard to the weight, the following procedures shall be applied:
a)	If the difference ≤ 100kg/l and if both Parties hold a weight ticket, the average weight measured by the Seller and the Buyer shall be the basis for the settlement. Otherwise, the weight measured by the Party holding the required document shall be used for the settlement.

b)	If the difference > 100kg/l and if both Parties hold a weight ticket, the non-compliance shall be resolved amicably. Otherwise, the weight measured by the Party holding the required document shall be used for the settlement.

§3
3.1 The Buyer represents that it is a payer of VAT (NIP 586-10-21-360) and authorizes the Seller  to issue VAT invoices without the Buyer’s signature.
3.2 The Buyer informs that it is also a payer of VAT UE PL, DE, FR, HU, NL. Depending on a transaction and according to earlier consultation (during the contract execution or shortly after its completion), the Buyer shall issue sales documents with a NIP number suitable for the transaction.

§4
4.1 The Parties undertake to resolve any disputes that may result from the non-performance or improper performance of this Agreement amicably. Should an amicable solution not be feasible, the court competent to resolve a dispute shall be a common court competent for the registered office of the Buyer and the governing law shall be the law of the country where the Buyer has its registered office.

§5
	Any amendments hereto shall be in writing or shall be otherwise null and void.

§6
If any goods do not comply with the requirements specified herein, the Seller shall replace the goods with other goods that are free from defects immediately.

§7
The Seller shall be liable to the Buyer for any non-performance or improper performance hereof within the scope the Buyer is liable towards its client.

§8
8.1. The Parties shall not be liable for non-performance or improper performance of the Agreement when it is a consequence of circumstances, that are the result of Force Majeure, understood as a sudden, unpredictable event and regardless of the will of the Parties, preventing the performance of the Agreement in whole or in part, permanently or in a period of time which cannot be prevented or counteracted with the due diligence of the Parties. Manifestation of Force Majeure are in particular:
natural disasters, acts of state power, warfare, acts of sabotage, acts of terrorism, epidemic conditions, including quarantine, general strikes.
8.2. Each Party undertakes to inform immediately the other Party of the occurrence of circumstances constituting a Force Majeure, unless the state authorities formally announce such circumstances. After the cessation of Force Majeure, the Parties are obliged to inform immediately about this fact and to continue providing obligations arissing from the Agreement.