Nobby Pet Shop GmbH

General

All performance and deliveries, as far as other arrangements have not been stated and confirmed in writing, shall be subject exclusively to the following terms and conditions. Diverging terms of the purchaser have no effect on our terms of sale. Shall several
conditions be changed and stated in writing, all other unchanged conditions are still binding to both parties. All agreements which are stated by our sales representative are only valid if the acceptance is confirmed in writing.

Offers

Our offers regarding price, amount, delivery date and delivery facilities are subject to change.

Delivery

Unless otherwise expressly agreed, the seller chooses for means of transportation and the respective route. The shipping of the goods is carried out on account and risk of the buyer, even if the delivery is free of carriage charges. For delivery to specialised
trades up to a net value of goods of € 250, 00 we perform freight collect delivery.

Delivery failure and delayed delivery

In case of a delayed delivery, the buyer has to set an appropriate period of grace of at least 4 weeks. In the event of an inefficacious deadline, the buyer is entitled to withdraw from the contract. Force majeure, governmental actions, unforeseen operational disruption, lack of raw material or resources, or other obstruction to manufacturing or delivery entails a reasonable extension of delivery time. If the agreed delivery time of 4 weeks is exceeded in these cases, both parties are entitled to withdraw from the contract, as long as the goods have not been shipped yet. Demands for indemnifications are excluded.

Pricing term

Prices are including packaging. The pricing term is underlying the constituting basis in Euros (material price, wages, salaries) on the day of proposal submittal respectively contract formation. The supplier reserves the right of price correction provided that the
cost basis changes until the day of delivery. Our invoices shall be due for payment within 8 days from date of invoice at a discount of 2% or within 30 days from date of invoice without deduction. In case of late receipt of payment, the supplier reserves the right to charge an interest of default which is 2% above the rediscount rate of the German Central Bank.

Complaints

Responsibility for defects is only valid in case of appropriate use of our products with consideration of the manual or recommendation. Transportation damages generally have to be indicated to and receipted by the carrier at delivery. Complaints can only be considered valid, if they are received in writing 8 days at the latest after receipt of the goods. Only goods which are returned free of shipping charges have a right of replacement or credit note. All other claims, e.g. compensation for damages, conversion, decrease or resignation etc. are excluded. For erroneously ordered goods by the buyer, redemption is under reserve. Redemption only takes place if previously agreed upon by the supplier and has to be free of charge. The goods have to be unused, in original packaging and marketable. The proceeds of returned goods are credited less 10% of the actual costs. The period of payment for the invoice remains unaffected in spite of a legitimate notification of defects. A reduction of the invoiced amount is not permitted.

Retention of title

For all delivered goods, Nobby Pet Shop GmbH reserves the title in relation to delivered goods pending full payment of all claims deriving from the business relationship (for payments with cheques until they are cashed). Selling the goods before the payment
is completed, is only valid through proper business transactions. The buyer is not entitled to pledge or assign goods prior to complete payment as security. For both parties the place of performance of delivery and payment as well as the place of jurisdiction is Bocholt. All legal relationships resulting from delivery shall be governed exclusively by the German law.

Priority Clause

These Conditions of Purchase were originally issued in the German language and the German version shall apply. The English translation shall serve to the better understanding of the purchaser only.