|CHUO GYORUI CO.,LTD.
Article 1. (General provisions)
Chuo Gyorui Co.,Ltd. a wholesaler belongs to the Marine Products
Division of the Tokyo Central Wholesale Market (hereinafter called
the "Company") shall undertake consignment sales for sales
at the Tokyo Central Wholesale Market, the Tsukiji Market (hereinafter
called the "Market") in accordance with the Wholesaling
Market Law (Law No.35 of 1971), its Enforcement Regulations (the
Ministry of Agriculture, Forestry and Fisheries Ministrial Ordinance
No.52 of 1971), the Tokyo Metropolitan Central Wholesale Market
Municipal Ordinance (the Tokyo Metropolitan Municipal Ordinance
No.144 of 1971), its Enforcement Regulations (the Tokyo Metropolitan
Regulation No.273 of 1971), other related laws and ordinances, and,
unless otherwise agreed upon between the Consignor and the Company,
Article 2. (The Company's obligations)
- The Company shall conduct faithfully the wholesale of the products
consigned to it on behalf of the Consignor.
- The Company shall compensate for any damage caused to the Consignor
by the Company's violation of any provisions of these Rules; provided,
however, that the Company shall not be responsible for any damage
caused by natural disasters, delay in transportation or any other
reasons which are not attributable to the Company.
Article 3. (The Consignor's obligations)
The Consignor shall be liable for taking care of the freshness,
selection and packing of the products to be consigned and ensuring
the trustworthiness of its brand.
Article 4. (Place of delivery of consignmetnts)
The place of delivery to the Company of all the consignment shall
be the place where the Company is to wholesale such consignments.
Article 5. (Receipt of consignmetnts)
- On receipt of the consignments, the Company shall immediately
advise the Consignor of the date and time of receipt as well as
the sort, quantity, grade, quality and the conditions at the time
of receipt, of the products received; provided, however, that
such advice may be dispensed with if the sales settlement report
is sent by the day following the day of receipt.
- Should the company find any problem on the consignments received
as described in the preceding paragraph, such as the discrepancy
in sort and/or quality, deterioration, or deficiency in quantity,
it shall immediately upon receipt have an inspector designated
by the operator of the Market inspect the situation and attach
its report to the advice of receipt of products or the settlement
- The Company shall not be entitled to assert to the Consignor
with respect to the problems of the consignments unless it receives
the inspection referred to in the preceding paragraph and obtains
Article 6. (Refusal of consignments harmful to sanitation)
- The Company shall not undertake the consignment sales of the
consignments harmful to sanitation.
- In case the products described in the preceding paragraph are
consigned to the Company for sale or in case the Governor has
ordered the suspension of the sale or removal from the place,
the Company may, following the Governor's instruction, dispose
of the products.
- The expenses and/or loss incurred by the disposition of the
products described in the preceding paragraph shall be borne by
- In case the Company has disposed of the products as provided
for in Paragraph 2 above, the Company shall without delay notify
the Consignor to that effect, together with the certificate of
the Governor regarding the disposition.
Article 7. (Storage of consignments)
- The Company shall be responsible for storing the consignments
received by the Company until the time of completion of the sale
- The Company shall compensate for any damage caused to the Consignor
because of decomposition, deterioration, etc., of the consignments
during storage as long as the reasons of which are attributable
to the Company.
- In case the Company takes part of the consignments as samples
for wholesaling, it shall not be liable for the damage or deterioration
to the quality, loss of weight, etc., which is normally caused
to the products taken as samples.
Article 8. (On-the-spot inspection of consignments)
- When on-the-spot inspection is conducted by the operator of
the Market on the consignments stored by the Company, the Company
shall promptly inform the Consignor to that effect.
- When the Company receives the compensation from the operator
of the Market for the damage caused to the Consignor because of
damage, deterioration to the quality, loss of weight, etc., of
the consignments due to the inspection mentioned in the preceding
paragraph, the Company shall promptly pay such compensation to
Article 9. (Preparation, processing, etc. on consignments)
The Company may make such preparation, processing or other treatments
on the consignments as are normally required in their sales in the
light of the properties of the products.
Article 10. (Place to receive communication)
All communication from the Consignor to the Company shall be addressed
to the Company's office located in the Market.
Article 11. (Attachment of invoice and notice of shipment)
- When the Consignor ships the consignments to the Company, it
shall attach to the consignments the invoice or notice of shipment,
etc., describing their sort, quantity, grade, quality and any
other information necessary for the Company to receive them. This
applies to the case where the Consignor uses the service of others
in the transportation of the consignments.
- In case that the Consignor fails to attach the invoice or the
notice of shipment, etc., mentioned in the preceding paragraph
to the consignments, it is not entitled to assert to the Company
with respect to the discrepancy of quality, deficiency in quantity
and/or the delay of receipt due to an unidentifiable consignee,
Article 12. (Indication of Consignee)
- In addition to the preceding paragraph, when the Consignor ships
the consignments to the Company, it must clearly indicate the
Consignor, the transportation agent and the consignee by such
means as attaching the tags.
- The Company shall not be obliged to compensate for any damage
caused by unidentifiable names of the Consignor or consignee due
to the Consignor's failure to take the actions described in the
preceding paragraph or the missing of the tags during the transportation
of the consignments or any other reason.
Article 13. (Offer for sale of consignments)
- The consignments shall be offered for sale on the first wholesale
session after the receipt thereof.
- The order of offer of the consignments shall be the order of
the arrival of the same sort.
- Should the Company deem it necessary in order to avoid a serious
damage to the Consignor, the Company may, in offering the consignments
for sale, change the order of the whole or part of the consignments
with the approval of the operator of the Market.
Article 14. (Selling method)
The consignments shall be wholesaled at auction or through bidding;
provided, however, that in any of the following cases of the wholesale
they may be sold by negotiation or at a fixed price:
- In case the products to wholesale are those designated by the
operator of the Market;
- In case disasters occur;
- In case the arrival of the consignments is delayed;
- In case the potential purchasers at wholesale are small in number;
- In case of wholesale of the unsold products remaining after
the sale at auction or through bidding;
- In case the products are wholesale pursuant to an agreement
previously made with the middlemen and/or authorized buyers;
- In case the goods are wholesaled before the specific opening
time of sale to the wholesalers of other markets, the middlemen
selling to such wholesalers, and/or middlemen selling to the vessels
sailing out urgently;
- In case the quantity received is too large or the sort and/or
the quality is too special to anticipate complete sell out and,
consequently, part of the consignments is to be wholesaled to
those other than the middlemen or the authorized buyers of the
- In case where there remain the unsold consignments after wholesaling
to the middlemen and the authorized buyers.
Article 15. (Selling price)
- The price at which the consignments are wholesaled shall be
a market price unless the Consignor sets the price or any other
conditions, in which case such conditions shall be respected.
- The wholesale price of those consignments wholesaled as set
forth in Item 7 in the preceding article shall be decided based
upon the wholesale price formed at auction or through bidding
of the products of the same sort.
Article 16. (Inclusion of the instruction of the price or other
- In case that the Consignor gives instructions on selling price
or any other conditions in the sale of the consignments, such
conditions must be included in the notice set forth in Article
11, Paragraph 1 or notified to the Company before the Company
proceeds with the preparation for the sale of the consignments.
- In case such instructions do not reach the Company before the
Company proceeds with the preparation for the sale of the consignments,
the Company may sell such goods as if no such instructions have
- The preceding paragraph shall apply to the case where the Consignor
wishes to change the instructions selling price or other conditions
set forth in the first paragraph of this article.
Article 17. (Treatment in case of incomplete sales)
- In case the instructions on selling price or other conditions
are given in the sale of the consignments and the Company deems
it impossible to sell the products under such conditions, it shall
so inform the Consignor without delay and seek for its further
- In case the Company deems that waiting for the Consignor's instructions
is likely to cause serious damage to the Consignor, it may sell
the products with the approval of the operator of the Market ignoring
- The Company shall not be obliged to compensate for the damage
which may by caused by selling the consignments in accordance
with the preceding paragraph.
- In case the Company sells the consignments in accordance with
Paragraph 2 above, it shall attach the certificate of the operator
of the Market to the settlement report.
Article 18. (Treatment of troubles after sale)
In case the purchaser finds any hidden defects or the substantial
discrepancy in quantity and/or quality, etc., after the consignments
are wholesaled and delivered to the purchaser, and if the purchaser
claims to the Company within the period set forth by the operator
of the Market to reduce the purchase price, the Company shall, pursuant
to the regulations set forth by the operator of the Market, have
the inspector designated by the operator of the Market inspect such
consignments. If the Company considers it reasonable, then it may
make a reduction of the purchase price corresponding to such defects
or discrepancy. In such a case the Company shall notify the Consignor
of the fact together with the certificate of the operator of the
Market on the results of the inspection.
Article 19. (Cancellation of consignment etc.)
- The Consignor's request to cancel the consignment or change
of consignment to another wholesaler shall be accepted by the
Company so long as it reaches the Company before the Company proceeds
with the preparation of the sale.
- Any expenses incurred by the Company in connection with accepting
the request mentioned in the preceding paragraph shall be reimbursed
to the Company.
Article 20. (Reconsignment)
The Company may not reconsign the consignments unless so requested
or agreed upon by the Consignor.
Article 21. (Consignment commission)
The consignment commission to be received from the Consignor shall
be the amount obtained by multiplying the wholesale price of each
item by the following fixed rate, In calculating the consignment
commission the fractions of yen shall be rounded off.
|Raw or processed marine products (incl. raw seaweed)
|Processed products containing fish meat (pressed
ham, wieners, hamburger steaks, salamis, dumplings, shao-mai,
spring-rolls, croquettes, fried meat cakes, and meat balls)
|Processed seaweed (processed agar-agar)
Article 22. (Expenses to be borne by the Consignor)
- The following expenses incurred in connection with the wholesale
of the consignments shall be borne by the Consignor:
- Communication costs: communication charges, including telegram,
telephone, registered mail charges, etc.;
- Transportation charges: expenses required to transport the
products to the place of wholesale of the Company and to stevedore
- Cargo-handling fees: expenses required for cargo handling
including sorting, putting in order and move of the products
within the Market;
- Remittance fees for the settlement amount etc.;
- Storage fees: expenses specially required to keep the consignments
in refrigeration or other special method;
- Treatment charges: expenses specially required to make treatment
work such as supply of additional ice, containers, preparation,
processing or other treatment; and
- Other expenses incurred by the Company.
- The consignment commission and the amount of expenses paid by
the Company for the items enumerated in the preceding paragraph
shall be deducted from the wholesale price of the consignments.
Article 23. (Delivery of settlement report)
When the sales were completed, the Company shall send the Consignor
not later than the following day the settlement report in the prescribed
form describing description of products, grade, quantity and unit
price, the amount of the wholesale, the consignment commission paid
to the Company as set forth under Article 21, the items and the
amounts of the expenses deducted under the preceding article, and
the net settlement amount.
Article 24. (Payment of settlement amount)
- The place of payment of the settlement amount is the Company's
office located in the Market.
- The Company shall pay the settlement amount not later than the
following say of the sale of the consignments, unless otherwise
provided for by special agreement.
Article 25. (Adjustment of settlement amount)
- In case that the amount of the wholesale does not come up to
the amount to be deducted therefrom in accordance with the Articles
21 and 22, the Consignor shall pay the balance to the Company
as soon as possible.
- With regard to the adjustment set forth in the preceding paragraph,
if the Company continues to undertake the consignment sales for
the same Consignor, it may adjust the account by including the
amount to be adjusted in the following consignment sales settlement
Article 26. (Second wholesale)
In case that the Company made the second wholesale of the consignments
because the purchaser of the first sale fails to receive the purchased
products, the amount of wholesales shall be that of the second wholesale.
Provided, however, that if the second sale produces any loss, the
amount of whole sales shall be that of the first wholesale.
Article 27. (Measures to be taken in case of the Company's inability)
- In case that the Company becomes disqualified as a wholesaler,
it is suspended from its business, or its sales activities are
prohibited, the consignments remaining unsold or the products
requested to be sold on consignment shall be handled following
the instructions of the operator of the Market.
- In case that any damage is caused to the Consignor as a result
of the handling pursuant to the preceding paragraph, the Company
shall be obliged to compensate for it.
Article 28. (Inspection of books)
Upon the Consignor's request, the Company shall permit inspection
of the books and documents regarding the wholesale of the consignments
consigned by the Consignor and answer questions at any time during
its business hours except under special circumstances.
Article 29. (Notification of extraordinary opening, etc.)
The Company shall promptly inform the Consignor of any extraordinary
opening or closure of the Market of any other matter important to
Article 30. (Jurisdiction)
All the cases related to the consignment sales shall fall in the
jurisdiction of the court in the Metropolis of Tokyo.
Article 31. (Change of Rules)
Any change of part or whole of these Rules by the Company shall
be subject to the approval of the Governor of Tokyo.
|back to HANDLING ITEMS