CENTRAL FISH AUCTION REGULATIONS (from 1st January 2005)
DEFINITION OF CONCEPTS
The concepts below as occurring in these Rules and Regulations have the following meanings:
Supplier supplier of fish offering fish at the Fish Auction.
Auction/Sell by selling fish through the intermediary services of the Fish
(Dutch) auction Auction, whether or not by means of auctioning equipment.
Auctioneer Auction employee charged which auctioning a particular lot of fish supplied.
Managing Director Person appointed as such by the internal organization of the
Fish Auction
Buyer A juristic or natural person or his representative who buys fish through the Fish Auction.
Remote buyer The buyer located outside of the auction hall but who is connected with the fish auction and who buys fish by means of an auction network (remote buying system).
Withdraw Stop the sale of a particular lot of fish.
Withdrawal price Minimum price set in advance at which fish may be sold.
Producer’s organization Organization recognized by a EU member country as referred to in section 5 of EU regulation no. 104/2000 (OJEC L 17).Inspection Inspecting fish before it is auctioned.
Sorting Dividing fish supplied into classes and types according to trade characteristics and practices.
Sorters Natural and/or legal persons appointed by the Management of the Fish Auction charged with sorting fish.
Batch (steek) Quantity of (packed) fish determined by the Fish
Auction.
Sale The selling of fish through the intermediation of the Fish Auction by auctioning, remote buying or otherwise
Fish All fish and fish products, shellfish species
Fish auction Organization providing intermediary services for the sale of fish and related services
Working days The days on which the relevant Fish Auction is open in accordance with the procedures of the internal organization.
Article 1 - Management, managing director and personnel
1. The responsibility for the management, policy and organization of the Fish Auction rests with the body appointed thereto and/or entered thereto in the relevant registers of the Chamber of Commerce.
2. The Managing Director is responsible for the general and daily management of the Fish Auction.
3. In the event the Managing Director is absent, he will be replaced by his deputy, who will be appointed in accordance with the procedures of the internal organization of the Fish Auction; during the period of replacement all powers under these Rulers and Regulations are vested in the deputy.
4. The Fish Auction is entitled to lay down additional rules, for example in the form of ‘standing rules’, which may not conflict with these Rules and Regulations.
Article 2 - Opening hours
1. The Management of the Fish Auction determines the opening hours of the Fish Auction and the hours at which fish is auctioned.
2. The Fish Auction is closed on Sunday, New Year’s Day, Good Friday, Ascension Day, Easter Monday, Whit Monday, Christmas Day and Boxing Day as well as on special national (and local) days and holidays, as may be determined by the Management of the Fish Auction. The Fish Auction is entitled to decide that deviating opening hours and days will apply.
Article 3 - General
1. These General Terms and Conditions are applicable to all offers, instructions and legal relationships and to all contracts arrived at or to be arrived at through the mediation of the Fish Auction.
2. The Fish Auction, suppliers, hauliers, buyers, sorters and all other persons working at or for the Fish Auction are duty bound to observe strictly the applicable rules promulgated by the competent authority or authorities, the Dutch Fish Product Board and/or the institutions of the EU. These include in any case Article 15 of Council Regulation (EC) 2406/96 (OJEC L334), the regulation setting out rules for the implementation of the common marketing standards regulation [Commission Regulation (EC) 3703/85] and the regulation laying down health regulations at fish auctions issued on 27 January 2000 by the Dutch Fish Product Board. The same natural or legal persons are also bound by all regulations published by or on behalf of the Auction.
3. The object of the Fish Auction is to mediate in the making of contracts between suppliers and buyers of fish and to carry out for the account of the supplier and/or buyer actions pertaining thereto.
4. The giving of instructions to mediate and/or the use of the services of the Fish Auction shall be deemed to signify full and absolute acceptance of these General Terms and Conditions.
5. Variations of these General Terms and Conditions or of the Central Fish Auction Rules shall be valid only in so far as they have been agreed between the parties in writing.
6. The Central Fish Auction Regulations are available for inspection at the Fish Auction and are placed at the websites of the individual auctions. A digital copy of these regulations will be sent free of charge on request.
7. These General Terms and Conditions are deemed to include the Tariffs Annex approved and established from time to time by the local Fish Auction and announced on the Fish Auction’s website.
Article 4 - Rights and obligations of the supplier
1. The provisions of this article apply, without prejudice to the supplier’s rights and obligations resulting from any other article of these Rules and Regulations and/or any rule issued by the competent (government) agencies.
2. The supplier is obliged to give notice of his intention to offer fish for sale in a way to be determined by the Fish Auction. The method of entry can be changed by the Fish Auction and is available on application.
3. By the mere supplying of fish the supplier is deemed to have ordered the Fish Auction to sell the same. Once when offered for sale, fish may not be withdrawn, fully or partly, from the Fish Auction, unless the Fish Auction has permitted the same.
4. The Fish Auction is entitled to set further requirements with regard to the method of supply and/or the packaging (including crates and tubs used for transporting fish).
5. The supplier shall provide the fish supplied with adequate identification in conformity with the applicable regulations of the competent authorities and/or the Fish Auction.
6. The supplier shall for his account and risk ensure that the fish is transported as far as to the unloading facility of the Fish Auction. The responsibility and liability in respect of fish supplied by or on behalf of the supplier shall lie with the supplier until the fish has been delivered to the buyer, except when the supplier requests the Fish Auction to store the fish. Then, if the request is complied with, the Fish Auction is responsible for properly storing the fish.
7. During opening hours, the Fish Auction shall immediately unload fish that has been supplied and entered subject to the aforementioned or have the same unloaded and ensure that it is properly stored until the date and time of sale.
8. The Fish Auction is not obliged to unload and/or store fish supplied or have the same unloaded and/or stored if it appears that the rules issued by the competent agency have not been complied with.
9. The supplier shall use the services of the sorters appointed by the Fish Auction, unless the fish arrives properly sorted according to the applicable rules.
Article 5 - Rights and obligations of the buyer
1. The provisions of this article apply, without prejudice to the buyer’s rights and obligations resulting from other articles and provisions of these Rules and Regulations and/or rules issued by the competent (government) agencies.
2. The decision as to whether an intending buyer may buy fish at the Fish Auction rests with the Fish Auction. A buyer will be admitted to the Fish Auction only if:
a. in the judgement of the Fish Auction he has provided a satisfactory bank guarantee payable on demand made out in the name of the Fish Auction as a further security for the fulfilment of the buyer’s obligations. The bank guarantee must cover at least the sum of the buyer’s maximum bank overdraft with a Fish Auction at any time and must be issued by a banking institution recognised in the Netherlands.
b. he is registered in the register of the Chamber of Commerce and has provided an original extract of this registration. In the case of foreign legal or natural persons, an extract from a comparable foreign register may be deemed acceptable.
c. he is familiar with the working of the auction system.
3. If it is of opinion that the security as provided for in the preceding paragraph is insufficient, the Fish Auction is entitled to require that the buyer provides additional security for the payment of the amount due.
4. If the Buyer does not comply with the requirements provided for in paragraphs 1, 2 or 3 of this Article, the Fish Auction is entitled to refuse to let the buyer conduct any (further) transactions (buying freeze) or to refuse such buyer admittance.
5. The Buyer is aware that and agrees to it that the Fish Auction collects for the supplier the amounts payable by the buyer to the supplier. Payment to the Fish Auction shall be effected in a way as will be indicated by the Fish Auction.
6. Payment of the purchase amounts shall take place no later than four working days from the date of invoice. The Fish Auction is entitled to set a shorter term of payment if it has serious doubts as to the Buyer’s solvency.
7. The buyer has the right to be represented by an authorised representative in concluding a contract sale and all other actions pertaining thereto, providing that the authorisation is agreed in writing on the form provided by the Fish Auction and that it has been received by the Fish Auction before the conclusion of the contract.
8. Commission transactions
The person who actually makes a bid during the auction shall guarantee that he is authorized to represent the buyer and is deemed to be the buyer, also if he declares not to have effected any purchase for his own account. He shall be – jointly and severally – liable for the performance of the obligations towards the Fish Auction and the supplier. If he is entitled to act on behalf of a third party, the person who actually makes the bid during the auction shall, in addition to the party represented, be jointly and severally liable for the performance of the obligations towards the Fish Auction and the supplier, unless such third party is known to the Fish Auction, has been accepted as a buyer in writing by the Fish Auction and unless the Fish Auction has released the representative from his liability.
9. The buyer shall follow all instructions given by the staff of the Fish Auction. The buyer accepts that decisions taken by or on behalf of the Director of the Fish Auction are binding.
Article 6 - Transport to and from the Fish Auction
1. The supplier shall for his own account and risk transport the fish to the Fish Auction.
2. If a contract of carriage is concluded between a supplier and a carrier through the intermediation of the Fish Auction, the Fish Auction shall never be liable for any shortcoming in the context of such contract or the provision of intermediary services for concluding such contract, except in the event of gross negligence or intention on the part of the Fish Auction.
3. The carrier shall follow the instructions provided by the Fish Auction as to the way in which transport to and from the Fish Auction is to take place and the locations from and to which transport is to take place.
Article 7 - Sorting
1. Sorting shall take place in conformity with the applicable rules issued by the competent authorities, including the European Union, the Ministry of Agriculture, Nature Management and Fisheries and the Commodity Board for Fish and Fish Products
(Produktschap Vis).
2. The sorting of - unsorted – fish offered for sale at the Auction shall be deemed to be carried out by order of and for the account of the supplier by sorters to be designated by the Fish Auction.
3. The sorting rate is periodically published in the rates list of the Fish Auction.
4. Sorting may only take place in accommodations designated by the Fish Auction.
5. The sorted fish is to be placed in the packaging units (fish crates, tubs, etc.) designated (and approved by the Fish Action) for that purpose.
6. With regard to the sorting activities and the way in which these are performed, the Fish Auction cannot be held liable vis-à-vis the supplier, carrier or buyer for any damage or loss.
7. The Fish Auction determines the order in which the fish supplied by the suppliers will be sorted. After sorting, the fish of one supplier must per species form a homogeneous quantity.
8. The Fish Auction is entitled to set additional (standing) rules as to the way in which sorting is to be carried out.
Article 8 – Auctioning, buying and selling
1. The fish supplied is auctioned in the way, in the order and at the times determined by the Fish Auction.
2. Fish that in the opinion of the competent agencies or the Fish Auction is not in a proper condition will not be sold and, insofar as not seized and/or destroyed by the competent agencies, shall be removed from the auction facilities as instructed by the Fish Auction.
3. The buyer who intends to buy fish via the Fish Auction is deemed to be familiar with the functioning of the auctioning equipment, the auction clock, the remote buying system, etc.
4. If applicable, the buyer will receive on loan from the Fish Auction a piece of identification (e.g. a key or badge) with which he can identify himself to the auction system. In the event that this piece of identification is lost, a replacement will be issued on loan subject to payment of the amount shown in the Tariffs Annex.
5. For the auctioning of certain types of fish the Fish Auction is entitled to set a minimum quantity to be purchased.
6. The price indicated by the auctioning equipment, auction clock or indicated electronically or by the auctioneer is binding. The auctioneer is authorized to correct the price in the event of an evident mistake by the buyer or when the starting price set by the auctioneer is too low. The price that is then realized by the auctioning equipment, the auction clock, electronically or by the auctioneer shall be binding.
7. The auctioneer mentions or electronically indicates the number of units to be auctioned, thereby clearly stating the type and/or weight of the lot offered as well as the location where the fish will be ready for sale.
8. The judgment of the auctioneer as to whether a transaction has been effected is binding. The auctioneer decides if the relevant lot of fish is sold and to whom.
9. Immediately following the auction the buyer is obliged to collect the fish bought at a location to be indicated by the Fish Auction.
Article 9 – Remote buying
1. In addition to buying at the Fish Auction’s auction hall, buyers can also make remote purchases. This is to enable the making of purchases from all affiliated auctions from a location other than the Fish Auction’s auction hall.
2. The rules of behaviour that apply to a buyer using a certain auction network are determined by the manager of that network.
3. The buyer purchasing through an auction network is the Remote Buyer.
Article 10 - Withdrawing fish from sale
1. The supplier has the right to withdraw a lot at a minimum price that he establishes. He notifies the auctioneer of this price no later than the commencement of the sale of the lot concerned.
2. The supplier shall pay costs on the value of the relevant lot of fish as laid down in the rates list.
Article 11 - Purchase agreement, transfer and delivery
1. The purchase agreement is deemed to be effected between the supplier and the buyer by the awarding of the relevant lot of fish during the auction. Unless agreed on otherwise in writing, transfer and delivery will take place on the premises of the Fish Auction.
2. The fish sold is deemed to have been transferred and delivered if it is provided with the auction note stating the buyer’s name. If for any reason the fish is not provided with such note, delivery and transfer shall at any rate be deemed to have taken place at the moment the fish bought was loaded for or on behalf of the buyer in the vehicle designated by the buyer.
3. From the time of delivery, the fish bought shall be for the buyer’s risk.
4. The buyer shall ensure that the fish bought will have been removed from the premises of the Fish Auction within two and a half hours after having been purchased, unless the Fish Auction has been instructed to store the same.
5. If the buyer has not removed the fish bought within the period mentioned in the preceding paragraph (or has caused the same to be stored in the cold stores of the Fish Auction), he is considered to be in default; then (also for the purpose of limiting the loss) the Fish Auction is entitled to store the fish in a cold store, the supplier and the buyer are deemed to have dissolved the purchase agreement, the fish bought is deemed to have been returned and the Fish Auction is entitled to auction the relevant lot of fish again. Any loss incurred (storage costs, lower selling price, etc.) shall be for the account of the original buyer.
Article 12 - Complaints
1. Prior to the auction, the Fish Auction shall enable the buyer to inspect the fish to be sold. The buyer is deemed to have thoroughly inspected the fish prior to purchasing it and to be aware of the quality and quantity of the fish.
2. The buyer shall accept the fish sold in the condition it was in at the time it was sold, unless a difference occurred in the quality and/or quantity of the fish between the time of sale and the time of delivery. If the buyer is of opinion that the fish bought demonstrably fails to comply with the provisions of the purchase agreement, he shall report the same to the Fish Auction immediately on delivery. The relevant lot shall then be inspected by a person or agency to be designated in mutual consultation and a report shall be drawn up of such inspection. The inspection results are binding on the parties.
3. Any right the buyer may have to exercise rights on account of the quality, sorting and/or quantity of the fish supplied shall lapse as soon as the fish bought has been loaded in the vehicle to be used.
4. The buyer is not entitled to invoke the right of recovery as referred to in Section 7: 39 ff. of the Netherlands Civil Code.
Article 13 - Costs and Payments
General
1. The amount of the invoice payable by the buyer shall be paid by means of bank transfer to the bank account of the Fish Auction within four workdays following the invoice date. The Fish Auction is authorised to set a shorter term of payment should it have valid reasons for doubting the buyer’s solvency. Payment shall in all cases be by bank credit transfer to the Auction’s account as shown on the invoice.
2. In the event of late payment, the buyer shall automatically be in default. No notice of default shall be necessary and the buyer shall be legally liable for penalty interest as specified in the Tariffs Annex hereto. Penalty interest shall be due over all unpaid or incompletely paid sums whose due date has expired. All costs arising out of recovering such claims, including extrajudicial expenses in accordance with the debt recovery tariff of the Dutch Bar Association, shall be for the account of the buyer
3. The Fish Auction shall have the right to deduct payments made by the buyer first from interest and expenses owed, then from the amounts due on the invoice with the earliest due date, and so on, regardless of whether the buyer has indicated that the payment has been made in settlement of a later invoice.
4. In the event that the buyer is in default and/or the bank guarantee has in the sole judgement of the Director of the Auction been exceeded, the Fish Auction shall have the right to refuse the conclusion of further contracts of sale until the deficit has been made up and/or the bank guarantee is sufficient or in the judgement of the Auction the buyer has provided sufficient other surety.
5. In the event that the buyer is in default, the Fish Auction shall forthwith have the right to require payment of the buyer’s bank guarantee.
Transport costs for the supplier
1. The transport costs are determined on the basis of the rates list of the Fish Auction then applicable, unless otherwise agreed on in writing by the parties concerned.
2. Unless otherwise agreed on in writing, the Fish Auction shall for the benefit of the carrier collect the amount payable by the supplier to the carrier for transporting fish.
3. Settlement of the transport costs is effected by setting them off against the total amount due to the supplier; the supplier is deemed to have instructed and approved such settlement. The supplier is deemed to have instructed the Fish Auction to pay the transport charges to the carrier.
4. The Fish Auction is obliged towards the carrier and the supplier to pay to the carrier the aggregate of the transport charges thus collected within 4 working days after supply of the relevant lot of fish, provided the Fish Auction has received the waybill on the day of supply at the latest.
Sorting costs
1. The supplier is deemed to give permission to the Fish Auctions to settle the amount payable to the sorters and to be collected from the supplier by setting the same off against the total amount due to the supplier.
2. Within 4 working after completion of the sorting activities, the Fish Auction shall pay the aggregate of the sorting charges thus collected to the sorters into the bank or giro account to be designated by them.
3. If the freshness and size classes of a homogenous shipment of fish deviate more than 10% from the standards set and if the fish has not yet left the auction building, the sorters concerned may make no extra charge for the necessary re-sorting. Resorting, without charge, shall also take place if required by the competent agencies (Fisheries Inspectorate (AID), Commodity Board for Fish and Fish Products (Produktschap Vis) on account of a sorting error found.
Auction costs or repayments
1. The auction costs are determined on the basis of the rates list of the Fish Auction applying at the moment of sale.
2. The supplier of fish shall pay to the Fish Auction (auction) costs for the sale of fish through the Fish Auction, and/or for sorting and weighing fish withdrawn from the auction by the supplier, and/or for trading fish through the Fish Auction.
3. Payment of the auction charges is effected by setting them off against the amount payable to the supplier; the supplier is deemed to have approved such settlement and to have instructed the Fish Auction to effect the same. Insofar as the auction costs cannot be set off against the auction proceeds due to the supplier, they will be invoiced to the supplier.
Water, electricity and waste handling
1. The supplier pays for the use of water and electricity and for the provision and use of waste containers according to the tariff shown in the Tariffs Annex.
2. Charges for water and electricity are paid through a fixed deduction per invoice based on historical consumption. At the end of each year, any instalments/advance payments are set off against actual consumption.
Auction proceeds
1. The auction proceeds payable to the supplier consist of the proceeds of the sale of the relevant lot of fish less (auction) charges, levies and taxes payable by the supplier under these Rules and Regulations and the regulations issued by the competent (government) agencies, as will be specified by the Fish Auction on the proceeds overview.
2. The supplier shall be deemed to have instructed the Fish Auction to collect on his behalf and in his name from the buyer the auction proceeds of the relevant lot of fish.
Payment of auction proceeds
1. The Fish Auction shall pay the net amount mentioned on the proceeds overview to the supplier within four working days after the sale of the relevant lot of fish.
2. The Fish Auction cannot hold the supplier responsible and liable for non-payment by the buyer.
Article 14 - Use of crates and materials
1. The supplier, carrier or buyer (in this article collectively referred to as ‘the user’) may demand that the Fish Auction puts at his disposal fish crates as may be required. The Fish Auction shall keep adequate records of crates provided. The fish crates shall be made available against payment of a fee as determined by the Fish Auction and mentioned in its rates list.
2. Insofar as possible, the amount due by the user for crates provided shall be set off against any amounts payable by the Fish Auction to the user and the user is deemed to have given his approval thereto and have instructed the Fish Auction to that effect.
3. The ownership of the fish crates rests with and will continue to rest with the Fish Auction. The user may not put crates at the disposal of any third party, unless the Fish Auction has explicitly permitted the same in writing.
If the Fish Auction does not issue a written permission, the crate must be delivered to the Fish Auction within four workdays and a fixed amount in fines is to be paid, this amount being half of the currently applicable amount given for the replacement rate for losing a fish crate.
4. If the Fish Auction consents to crates being used by a third party, this will be subject to the explicit obligation of the user to inform such third party that the ownership of the crates rests with the Fish Auction and that he may not encumber, pledge, hire out, alienate such crates, make them available to others or perform any act jeopardizing the Fish Auction’s ownership.
5. The Fish Auction shall record the fish crates provided. At least once a year, at a date and time to be fixed by the Fish Auction, the Fish Auction will check the number of crates held by the user. The user shall assist the Fish Auction in establishing the number of fish crates used by him. If in any year the user has fewer crates than he was supplied with according to the Fish Auction’s records, he shall for each crate missing pay to the Fish Auction an amount to be established by the Fish Auction. The Fish Auction’s records shall be binding, unless the user provides evidence to the contrary.
6. Crates put at the disposal of the user shall exclusively be used for transport from and to the Fish Auction. It is not allowed to use them for any other purpose.
Article 15 – Force majeure
1. As force majeure will be deemed all circumstances that were both unforeseen at the commencement of the obligation and cannot be attributed to the Fish Auction, as a result of which performance of the agreement becomes impracticable or burdensome to the extent that it cannot reasonably be required of the Fish Auction. Force majeure in the above sense, i.e. circumstances for whose consequences the Fish Auction cannot be held liable and/or which are not for the account and risk of the Fish Auction, shall include but shall not be limited to war, mobilisation, strikes, interruption of the electricity supply, failure of the computer files and/or the Internet connection, faults in the auction system, fire on the premises and/or business interruption, weather and/or other circumstances which interfere with the normal operation of and cannot be attributed to the Fish Auction, including the failure of third parties in their obligations vis-à-vis the Fish Auction as a result of which the Fish Auction is unable to operate in the usual or intended manner.
2. In the event of force majeure, the Fish Auction has the right to suspend performance of its obligations for the duration of the force majeure.
3. However, in the event that the force majeure lasts longer than one week or if it should earlier become apparent that the duration of the force majeure will be longer than one week, the Fish Auction shall have the right to dissolve the agreement to the extent of that part thereof which has yet to be performed, without being liable for compensation for any loss of whatever kind and scope.
4. In the circumstances defined in sections two and three of this Clause, the Fish Auction shall, if it exercises any of the rights there defined, forthwith inform the supplier and/or buyer and/or the customer for the service concerned. Such notice shall be given by registered letter.
5. Government measures which obstruct and/or render financially disadvantageous the performance of the obligation entered into by the Fish Auction shall give the Fish Auction the right to dissolve the agreement to the extent of that part thereof which has yet to be performed, without being liable for payment or compensation, or, at its sole election, to require the other party to reimburse it (the Fish Auction) the loss suffered by it as a result of the measures concerned.
Article 16 - Liability of the Fish Auction
1. The Fish Auction excludes any liability for any damage or loss resulting from supplies made and services rendered by it insofar as, if the Fish Auction is insured against such risk, exceeding the insured amount.
2. Neither the Fish Auction nor its employees shall be liable for any injury to people, damage to vessels, vehicles, materials and/or goods in the broadest sense, except in the event of gross negligence or intention by the Fish Auction or the relevant employee.
Article 17 - Maintaining order
1. The Management of the Fish Auction is responsible for maintaining order at and around the Fish Auction.
2. Persons who are on the premises of the Fish Auction are obliged to immediately follow the orders or instructions given by or on behalf of the Management of the Fish Auction in the interest of maintaining order and in addition shall refrain from any (legal) act that might cause damage to properties of the Fish Auction and/or any third party.
Article 18 – Access to the Fish Auction
1. The Fish Auction is entitled to deny suppliers, carriers, buyers and other person access to the Fish Auction for a definite or indefinite period, if the persons concerned, after having been warned, fail to observe the rules set by the competent agencies, the provisions of these Rules and Regulations, any additional rules and regulations issued or any instructions given by the Management.
2. Without the permission of the Fish Auction it is not allowed to enter the Fish Auction with a (motor) vehicle, moped or bicycle.
Article 19 - Traffic regulations on the site of the Fish Auction
1. At the entire site of the Fish Auction, with regard to roads that are not accessible to public, the traffic regulations laid down in the Road Traffic Act apply.
2. The Fish Auction shall not be liable for any damage or loss resulting from (traffic) accidents taking place at its site, unless these are due to gross negligence or intention by the Fish Auction.
Article 20 – Usual practice
1. The usual practice followed at the Fish Auction or the place where it has its registered office prevails with regard to cases not provided for in these Rules and Regulations, the applicable legislation or rules set by the Fish Auction.
2. If, in addition, there is no such practice applying to such cases, the Management will decide in accordance with the requirements of reasonableness and fairness.
Article 21 - Applicable law
1. All legal relationships between the Fish Auction and its employees, the suppliers, carriers, buyers and sorters as well as their mutual legal relationships shall exclusively be governed by Dutch (civil) law, irrespective of the nationality, residence or place of registered office of the (legal) persons involved.
2. The Vienna Sales Convention (CISG 1980) is excluded.
Article 22 - Settlement of disputes
1. Disputes arising between the parties involved in a transaction shall be settled by the Management of the Fish Auction.
2. In the event no settlement can be reached, the competence to settle such dispute shall exclusively rest with the court within whose jurisdiction the Fish Auction has its registered office.
Article 23 – Final provisions
1. These general terms and conditions will take effect as from 1st January, 2005.
Any rules and regulations established earlier are hereby cancelled.
2. These Rules and Regulations may also be referred to as “Central Fish Auction
Regulations’ .
These Rules and Regulations consist of 23 Articles.
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