Terms and Conditions
The terms and conditions of
Canina® pharma GmbH
Kleinbahnstraße 12, D-59069 Hamm
Fon: +49 (0) 23 85 / 24 15
Fax: +49 (0) 23 85 / 28 77
Management: Tim Spanke
District Court Hamm, HRB 1355
USt.-Id.-Nr.: DE 125 225 424
are valid for all orders on canina.de. Our terms of sale apply exclusively. Conditions deviating from our sale of the customer are not valid.
2. Formation of Contract
The order is a binding offer. We can accept this offer at our discretion within 10 days by sending an order confirmation or sending the ordered goods to the purchaser.
3.1. Unless agreed otherwise, our prices are ex works.
3.2. Our invoices are payable within 14 days from the invoice date without deductions. If the buyer is in default of payment, then we are entitled to demand 4% interest rate above the rate of the German Bundesbank. If we prove a higher damage caused by delay, then we are entitled to claim it.
3.3. We reserve the right to adjust prices according to incurred cost increases due to collective agreements or material price increase. If the increase is more than 5% of the agreed price, the buyer shall have a right of termination.
3.4. The buyer only has the right to offset if the counterclaims are legally established, undisputed or acknowledged by us.
4. Transportation risk
The risk of transport surrenders to the customer after handling over the goods of carrier. The buyer has to inspect the goods immediately after receipt to transport damage and log any damage to the transportation person and to assert claims against him.
5.1. Compliance with our delivery obligation requires the timely and proper fulfillment of the obligation of the purchaser.
5.2. The right to require the purchaser in the case of our power we delay or impossibility of performance to be represented (or by us to be represented positive breach of contract) damages, is to cases
a) slightly negligent violation of non-essential contractual obligations, and
b) willful or grossly negligent breach of contractual duty
by simple agents (not legal representatives or executives) is limited. In these cases, liability is also limited to 30% of the foreseeable damage.
5.3. If we are not supplied by our circumstances through no fault of our suppliers, even though we have time produce sufficient cover transaction completed, we and the customer are entitled to resign.
6.1. If there is a defect in front of us, we are entitled at our discretion to remedy the defect or replace the goods. In the case of removing the defect, we are obliged to take all necessary for the purpose of repairing the defect, including costs of transport - travel, labor and material costs to the extent they are not increased by the fact that the goods shipped to a location other than the place was.
6.2. Proposes to remedy the defect fails, or if we are to rectify the defect or replacement is unwilling or unable, or delayed them beyond appropriate periods for reasons which we are responsible, the Purchaser shall be entitled to rescind the contract or reduce the to require purchase price.
6.3. Any further claims by the purchaser, especially claims for damages, including lost profits or other financial damage suffered by the customer are excluded.
6.4. The foregoing liability limitation does not apply if the damage is caused by intent or gross negligence. It also does not apply if the customer claims arising from the absence of guaranteed properties damage claims.
6.5. If breached a contractual obligation, our liability is limited to the foreseeable damage.
6.6. The warranty period is 6 months from delivery of the goods. The same period also applies to claims for compensation for consequential damages, if any tort claims are asserted.
6.7. Obvious defects must reject the buyer within 14 days after transfer / risk transition. Otherwise, he loses his warranty rights in this regard.
6.8. If it is the purchaser is a merchant, it is the notice period for obvious defects in 7 days. For latent defects, the merchant, the defects within 7 days has notified in writing of their discovery. Otherwise, it loses its related warranty claims.
8. Retention of title
8.1. We reserve the ownership of the goods until all payments under the contract. At behavior of the customer we are entitled to repossess the goods. In the withdrawal, and in the seizure of the subject matter, there is a withdrawal from the agreement.
8.2. In case of seizures or other interventions by third parties, the purchaser must notify immediately in writing.
8.3. We undertake to release, at the request of the customer insofar as the Value of our collateral exceeds the secured claims by more than 20%.
7. Payment terms
Bills of exchange and checks are only accepted on account of payment and only count as payment after they have been redeemed. We expressly reserve the right to accept bills of exchange and checks.
9. Place of jurisdiction
If the customer is a businessman, the place of jurisdiction is Hamm