General terms and conditions of delivery
Article 1 - Definitions

  1. Petsfish BV located in Urk, Chamber of Commerce number 92358144, Petsfish ® is a brand of Petsfish BV and is referred to as supplier in these general terms and conditions.
  2. The other party of the supplier is referred to in these general terms and conditions as the customer.
  3. The agreement means the agreement for the delivery of goods.

Article 2 - Applicability of general terms and conditions

  1. These conditions apply to all quotations, offers, work, agreements and deliveries of services or goods by or on behalf of the supplier.
  2. Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.
  3. The agreement always contains best efforts obligations for the supplier, not results obligations.

Article 3 - Payment

  1. Invoices must be paid within 30 days of the invoice date, unless other agreements have been made in writing or a different payment term is stated on the invoice.
  2. Payments are made without any recourse to suspension or settlement by transferring the amount due to the bank account number specified by the supplier.
  3. If the customer does not pay an invoice within the agreed term, he will be in default by operation of law, without the need for any reminder. From that moment on, the supplier is entitled to suspend the obligations until the customer has met his payment obligations.
  4. If the customer remains in default, the supplier will proceed with collection. The costs (collection costs and any statutory commercial interest) relating to this collection will be borne by the customer.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, the supplier's claims on the customer are immediately due and payable.
  6. If the customer refuses to cooperate in the execution of the order by the supplier, he is still obliged to pay the agreed price to the supplier.

Article 4 - Offers and quotations

  1. The supplier's offers are valid for a maximum of 1 month, unless a different period of acceptance is stated in the offer. If the offer is not accepted within that stated period, the offer will lapse.
  2. Delivery times in quotations are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless expressly agreed otherwise in writing.
  3. Offers and quotations do not automatically apply to repeat orders.

Article 5 - Prices

  1. The prices stated on offers, quotations and invoices from the supplier are exclusive of VAT and any other government levies, unless expressly stated otherwise.
  2. The prices of goods are based on the cost prices known at that time. Increases in this amount that could not have been foreseen by the supplier at the time the offer was made

or the conclusion of the agreement may give rise to price increases.

Article 6 - Price indexation

  1. The prices agreed upon when entering into the quotation are based on the price level applied at that time. The Supplier has the right to adjust the prices to be calculated quarterly.
  2. Adjusted prices and rates will be communicated to the customer as soon as possible.

Article 7 - Provision of information by client

  1. The supplier will make all information relevant to the delivery available to the customer upon request.
  2. The Customer is obliged to make available all information and documents that the Supplier believes it needs for the correct delivery on time and in the desired form and manner.
  3. The customer guarantees the accuracy, completeness and reliability of the data and documents made available to the supplier, even if they originate from third parties.

Article 8 - Execution of the agreement

  1. The Supplier will execute the delivery agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. Delivery takes place by mutual agreement and payment of any agreed advance.

Article 9 - Changes to the agreement

  1. If during the execution of the delivery it appears that it is necessary to change or supplement the delivery, this will be adjusted in a timely manner and in mutual consultation.
  2. If it is agreed that the agreement will be amended or supplemented, the time of completion of the delivery may be affected. The supplier will inform the customer of this as soon as possible.
  3. If the change or addition to the agreement has financial and/or qualitative consequences, the supplier will inform the customer in writing as soon as possible.

Article 10 - Force majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by the supplier to fulfill any obligation towards the customer cannot be attributed to the supplier in the event of an independent circumstance. These circumstances include non-performance by suppliers or other third parties, power failures, computer viruses, strikes, bad weather conditions and work stoppages.
  2. If a situation as referred to above occurs as a result of which the supplier cannot meet its obligations to the client, those obligations will be suspended as long as the supplier cannot meet its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.
  3. In the case referred to in the second paragraph of this article, the supplier is not obliged to pay compensation for any damage.

Article 11 - Settlement

  1. The customer waives his right to offset a debt to the supplier against a claim against the supplier
  2. Article 12 - Expiry of the claim
  3. Any right to compensation for damage caused by the supplier will in any case lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Article 13 - Insurance

  1. Goods are delivered by supplier based on AVC and CMR conditions.
  2. This can be deviated from by mutual agreement between the buyer and supplier.

Article 14 - Indemnity

  1. The customer indemnifies the service provider against all claims from third parties related to the goods delivered by the supplier.
  2. Article 15 - Duty to Complain
  3. The customer is obliged to immediately report complaints about the delivered products to the supplier in writing within 7 days after delivery or purchase. The complaint contains a description of the shortcoming that is as detailed as possible, so that the supplier is able to respond adequately.

Article 16 - Retention of title, right of suspension and right of retention

  1. The products present and delivered to the customer remain the property of the supplier until the customer has paid the entire agreed price. Until then, the supplier can invoke its retention of title and take back the products.
  2. If the agreed amounts to be paid in advance are not paid or are not paid on time, the supplier has the right to suspend production until the agreed part has been paid. In that case, a late delivery cannot be held against the supplier.

Article 17 - Intellectual property

  1. Unless the parties have agreed otherwise in writing, the supplier retains all intellectual absolute rights.

Article 18 - Confidentiality

  1. The supplier and the customer will keep the information that they receive (in whatever form) from the other and all other information that the supplier/customer knows or can reasonably suspect to be secret or confidential, or information that the supplier/customer can expect the distribution thereof that could cause harm to others, is secret and takes all necessary measures to ensure that its staff also keeps the said information confidential. This confidentiality obligation does not apply to information that was already public at the time the recipient received this information or that subsequently became public.
  2. Article 19 - Applicable law and competent court
  3. Every agreement between the parties is exclusively governed by Dutch law.
  4. The Dutch court in the district where Petsfish BV is located has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.

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