General Terms and Conditions (AGB)
1. Сonclusion and content of the agreement
1.1 These Terms and Conditions of Delivery and Sale shall apply exclusively to all deliveries and other services.
1.2 Any deviating terms and conditions of the Buyer which weren’t expressly recognized by us are not binding, even if we do not expressly contradict them.
1.3 The place of fulfilment for all obligations arising from the contractual relationship, including the obligation to pay, is Geilenkirchen.
1.4 The invalidity of individual provisions of this contract or its components shall not affect the validity of the remaining unaffected.
1.5 The place of jurisdiction is Geilenkirchen, NRW, Germany.
1.6 In case no additional contract is set, all purchase agreements are following these AGBs. At the moment of prepayment, the customer acknowledges the AGBs.
1.7 All communication related to purchases have to be in writing. Verbal agreements without written confirmation are unexcepted.
1.8 These AGBs are in power from 01.01.2024.
2. Journey
2.1 Prices quoted, price lists or similar are subject to change and are quoted in euros plus statutory VAT.
2.2 All prices are ex warehouse. Additional costs for logistics, customs clearance, quarantine, laboratory service/analysis, carrying out all necessary measures for export in accordance with the veterinary certificate are covered by the buyer.
2.3 Printing errors and obvious mistakes in price lists, offers or confirmation letters do not entitle the customer to any claims.
3. Delivery
3.1 Delivery is only made to the customers with clear understanding of their ability to care for animals.
3.2 Initial orders must be placed in writing (fax, email or letter) and will only be delivered against advance payment.
3.3 For orders below the minimum order value of EUR 5000.00, a minimum quantity surcharge of EUR 1000.00 will be charged.
3.4 The seller shall carry out the delivery as quickly as possible. The choice of the mode of transportation is at our discretion. Partial deliveries in line with the value of animal well-being are on judgment of the seller. Dispatch shall be carried out to the best of our judgement, but we shall not be liable for the cheapest form of transport.
3.5 A delivery period shall only be deemed to have been agreed if we expressly confirm it in writing. The specification of a delivery date shall be made to the best of our judgement and shall be extended appropriately if the Buyer delays or fails to cooperate as required or agreed. This also applies to the occurrence of events beyond our control, such as delays in delivery by upstream suppliers.
3.6 We reserve the right to make changes to the choice of logistics even after sending an order confirmation, provided that these changes do not contradict either the order confirmation or the buyer's specification.
3.7 Delivery of live animals
3.7.1 Animals are shipped exclusively by live animal carrier. Depending on the weather conditions, we will choose the appropriate logistics at our discretion. The shipping costs shall always be covered by the buyer.
3.7.3 All animals offered by us comply with the statutory provisions. In the case of animals that fall under
3.7.4 Taking the well-being of the animal into account, the supplier has the right to change the delivery mode as well as the timing of delivery. Supplier has the right to reduce the volumes if quality and well-being of animals requires these. Furthermore, it is seen as standard procedure to split the shipments into optimal parties.
3.8 Rejection and cancelation
3.8.1 Cancellation of purchase is acceptable up to 20 working days until start of logistics. In case of cancellation, the buyer is entitled to take over all related costs.
3.8.2 In case the buyer rejects shipments or animals supply, the supplier has to manage the transactions in optimal way for the health of animals. All related costs are covered by the buyer.
3.8.3 All communications in relation to rejection and cancelation have to be send in writing. Specific reason must be pointed out. The supplier must acknowledge the customer wish in order to act in best interest.
4. Transfer of risk, notification of defects and warranty
4.1 The risk of accidental loss or accidental deterioration of the goods shall pass to the Buyer as soon as the goods have been loaded.
4.2 The Buyer must inspect the goods immediately upon receipt and, if a defect is discovered, notify us immediately. If the Buyer fails to make this notification, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. We reserve the right to inspect the goods complained about after receiving notification of defects.
4.3 Complaints or partial deliveries shall not entitle the Buyer to refuse acceptance of the goods.
4.4 Warranty claims are limited to treatment at our discretion.
4.5 In the event of defects for which we are not responsible a replacement delivery shall be made with the next possible regular delivery to the Buyer.
4.6 Returns of all kinds must always be made carriage paid.
4.7 Claims for damages and other further claims of the buyer insofar as these do not result from the absence of warranted characteristics, are excluded.
4.8 Warranty claims of any kind as well as the right to claim shall expire two months after delivery. Pregnancy examination should be done within 3 days after delivery, in case of inconveniences the buyer should provide all necessary documentation (x-ray or rectal examination act, veterinarian conclusion) to consider the claim.
4.9 Special features of the warranty for live animals.
4.9.1 In general, live animals are to be regarded as used goods that may have obvious or hidden defects. Animals with regenerated tails or healed wounds are not considered defective. Due to the nature of the matter, we cannot be held liable for internal diseases and parasites.
5. Terms of payment
5.1 The invoice amount is due net without deduction upon receipt of the invoice as prepayment before selection of animal, unless otherwise agreed. Deliveries abroad only against advance payment and at the buyer's risk.
For initial orders, delivery shall only be made against advance payment