Terms & Conditions

Terms & Conditions

1. Scope of application

The General Terms and Conditions of the

Canina® pharma GmbH
Kleinbahnstraße 12,  59069 Hamm, Deutschland
Telefon: +49 (0) 23 85 / 24 15
Fax: +49 (0) 23 85 / 28 77
Geschäftsführer: Tim Spanke
Amtsgericht Hamm, HRB 1355
USt.-Id.-Nr.: DE 125 225 424

apply to all orders placed on canina.de. Our terms and conditions of sale apply exclusively. Any terms and conditions of the customer that deviate from our terms and conditions of sale shall not apply.

2. Realisation of the contract

The order is a binding offer. We can accept this offer at our discretion within 10 days by sending an order confirmation or by sending the ordered goods to the customer within this period.

3. Prices

3.1 Unless otherwise agreed, our prices are ex works.
3.2 Our invoices are due for payment without deduction within 14 days of the invoice date. If the customer is in default of payment, we shall be entitled to charge interest on arrears at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. If we can prove a higher damage caused by default, we are entitled to claim this.
3.3 We reserve the right to increase the prices for contracts with an agreed delivery time of more than 4 months in accordance with the cost increases that have occurred due to collective labour agreements or material price increases. If the increase amounts to more than 5% of the agreed price, the customer shall have the right to terminate the contract.
3.4 The customer shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been recognised by us.

4. Transport risk

The risk shall pass to the customer after handover to the carrier. The customer must inspect the goods for transport damage immediately upon receipt and notify the carrier and assert claims for damages against the carrier.

5. Delivery time

5.1 Compliance with our delivery obligation presupposes the timely and proper fulfilment of the customer's obligation.
5.2 The customer's right to claim damages in the event of our delay in performance or impossibility of performance for which we are responsible (or positive breach of contract for which we are responsible) shall be limited to cases ofa) slightly negligent breach of non-essential contractual obligations, andb) intentional or grossly negligent breach of contractual obligations by simple vicarious agents (not legal representatives or executives). In these cases, liability is also limited to 30% of the foreseeable damage.
5.3 If we are not supplied by our suppliers due to circumstances for which we are not responsible, although we have concluded a sufficient covering transaction in good time, we and the customer are entitled to withdraw from the contract.

6. Warranty

6.1 In the event of a defect for which we are responsible, we shall be entitled, at our discretion, to remedy the defect or make a replacement delivery. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance.
6 .2 If the rectification of defects fails, or if we are unwilling or unable to rectify the defect or supply a replacement, or if this is delayed beyond a reasonable period of time for reasons for which we are responsible, the customer shall be entitled to withdraw from the contract or demand a reduction in the purchase price.
6 .3 Any further claims of the customer, in particular claims for damages including loss of profit or due to other financial losses of the customer are excluded.
6.4 The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence. It shall also not apply if the customer asserts claims for damages due to the absence of warranted characteristics.
6.5 If a material contractual obligation is breached, our liability shall be limited to the foreseeable damage.6.6 The warranty period is 6 months from handover of the purchased item. The same period shall also apply to claims for compensation for consequential damage caused by defects, provided that no claims in tort are asserted.
6.7 The customer must give written notice of obvious defects within 14 days of handover/transfer of risk. Otherwise, he shall lose his warranty rights in this respect.
6.8 If the customer is a merchant, the period of notice for obvious defects shall be 7 days. In the case of hidden defects, the merchant must notify the defects in writing within 7 days of discovery. Otherwise he shall lose his warranty claims in this respect.

7. Terms of payment

Bills of exchange and cheques shall only be accepted on account of payment and shall only be deemed payment after they have been honoured. We expressly reserve the right to accept bills of exchange and cheques.

8. Reservation of title

8.1 We reserve title to the purchased item until receipt of all payments under the contract. In the event of behaviour contrary to the contract on the part of the customer, we are entitled to take back the purchased item. The taking back or seizure of the reserved goods shall constitute a cancellation of the contract.
8.2 In the event of seizures or other interventions by third parties, the customer must notify us immediately in writing.
8.3 We undertake to release the securities to which we are entitled at the request of the customer to the extent that the value of our securities exceeds the claims to be secured by more than 20%.

9. Place of jurisdiction

If the customer is a merchant, the place of jurisdiction is Hamm.