Terms & conditions
General terms and conditions of sale and delivery of Global Pet brands
The following stipulations are part of all agreements to be concluded by Global Pet Brands and all offers made by Global Pet Brands. Conflicting terms and conditions of the other party shall only be part of the agreement insofar as those terms and conditions have been explicitly and in writing accepted by Global Pet Brands. Mentions or references made by the other party to their own purchase, tender, or other (general) conditions will not be accepted by Global Pet Brands and do not make the purchase or other conditions applicable to the current contract. If one or more stipulations of these general terms and conditions of sale and delivery prove null and void, the other stipulations will remain in force.
Art. 1. Offers
1.1 Global Pet Brands cannot be held to an offer they have made if it is reasonable to expect the other party to understand that the offer contains an obvious error of knowledge or clerical error.
1.2 The payment conditions provided to the other party in the offer are only authorised under the condition that they are approved by the credit insurer for Global Pet Brands.
Art. 2. Establishment of agreements
2.1 Global Pet Brands is bound by agreements to deliver products and/or services only after issuing written confirmation. This written confirmation binds Global Pet Brands and the other party unless its correctness and content is challenged in writing within eight days.
2.2 Additions, changes and/or further arrangements must be agreed in writing on pain of being null and void.
2.3 Global Pet Brands is not bound by agreements with employees or third parties not employed by Global Pet Brands unless such agreements are confirmed by Global Pet Brands in writing.
2.4 Every agreement with intermediary parties is subject to the suspensive condition of credit insurance being attained and maintained from and by Global Pet Brands. If this is not the case, Global Pet Brands has the right to:
– cancel the contract, without any damage
– demand direct payment, even if something else is recorded in the contract
– request guarantees from the other party before the assignment is carried out or before starting on or moving further with the order
Art. 3. Information provided by Global Pet Brands
3.1 Samples, drawings, measurements, weights, ingredients, compositions and/or other information provided to the other party by Global Pet Brands apply only as an approximate description of the objects.
3.2 Global Pet Brands retains the intellectual and industrial property of the samples, drawings, measurements, weights, ingredients, compositions and/or other information mentioned in the preceding paragraph, as well as mark, patent, trade name, model, copyright or any other right on this information, regardless of whether costs have been incurred for this. This does not allow the other party, in any form whatsoever, to take over, in part or in full, the constructions, construction forms or details in question, nor to give them to third parties for perusal or inspection.
Art. 4. Data provided by other party
4.1 Global Pet Brands will be assumed that delivered artwork files and/or other information provided to Global Pet Brands by the other party are correct and proper, without any further investigation.
4.2 The other party indemnifies Global Pet Brands at law and otherwise against claims of third parties pursuant to an infringement of a mark, patent, trade name, model, copyright or any other right of third parties that is infringed by the use of the information stated in the preceding paragraph.
4.3 If third parties make a complaint with regard to manufacture and/or delivery, without prejudice to the preceding paragraph Global Pet Brands is entitled to suspend the manufacture and/or delivery with immediate effect and to demand compensation for the costs incurred and damages from the other party, without Global Pet Brands being liable to pay any damages to the other party.
Art. 5. Prices
5.1 The prices in the offers of Global Pet Brands are based on the prices, exchange rates, taxes, duties, freight and so on applicable at that time. If one or more of these components are increased before the shipment of written confirmation as referred to in article 2.2 Global Pet Brands is entitled to adapt the prices correspondingly.
5.2 Changes to the contractually agreed prices due to the increase in one or more components as referred to in the preceding paragraph are possible more than three months after shipment of the written confirmation as referred to in article 2.1.
5.3 All prices stated by Global Pet Brands are excluding VAT and are “ex works Schoten”, unless expressly stated otherwise and/or agreed in writing.
5.4 Quotations are valid for 30 days after the date of the quotation.
Art. 6. Complaints/defects
6.1 The other party must have the purchased objects examined upon delivery or at the earliest opportunity after delivery. In doing so, the other party must check whether the delivery corresponds to the agreement, that is:
- a) Whether the correct goods have been delivered.
- b) Whether the quantity of goods delivered corresponds to what was agreed.
- c) Whether the goods delivered fulfil the agreed quality demands or, if there are no such demands, the demands that may be made with regard to normal use and/or trade purposes.
6.2 The other party must report any visible defects or shortcomings that are observed to Global Pet Brands in writing within eight working days of the delivery.
6.3 The other party must report any hidden defects to Global Pet Brands in writing within eight days of their discovery and no later than thirty days after delivery.
6.4 If the other party complains, they are required to give Global Pet Brands opportunity to establish any shortcomings or missing elements in the item delivered (possibly with use of third parties). If so, Global Pet Brands and the other party will attempt to come to a mutual agreement.
6.5 If Global Pet Brands finds the complaint made by the other party to have just grounds, Global Pet Brands has the right to either replace the related items, or to provide a reasonable reduction in price, such at the sole discretion of Global Pet Brands.
6.6 Complaints do not suspend the payment obligations of the other party. After finding an alleged shortcoming or inadequacy of an item, the other party is required to do everything to prevent or limit (further) damage and to make immediate contact with Global Pet Brands.
6.7 Possible defects relating to a part of the items supplied do not give the other party the right to disapproval or refusal of the entire batch delivered.
Returns can only be made by mutual agreement and referencing our return number. Unannounced or unfranked returns will not be accepted.
Art.7. Delivery / Force majeure
7.1 The stated delivery term is intended as a guide only and failure to keep to this term is not a valid reason for cancelling the agreement and does not give any right to compensation.
Even if Global Pet Brands is unable to deliver on time due to force majeure, it has the right to suspend or completely abandon the delivery depending on the circumstances, without the other party having any right to compensation.
7.2 If a delivery term is nevertheless expressly declared binding, no liability exists in the event of force majeure or unforeseen circumstances, such as walkouts, lockouts, fire, war, unforeseen standstill, lack of raw materials or transport and shortcomings of another contracting party.
7.3 Force majeure shall mean circumstances beyond the will and not of the doing of Global Pet Brands such that fulfilment of the agreement cannot reasonably be demanded of Global Pet Brands, on the understanding that Global Pet Brands is prepared in such cases to consult the other party about any measures to be taken to prevent or minimise losses for the buyer.
7.4 The other party must take receipt of the delivery upon first presentation. If it fails to do so, all ensuing costs will be charged to the other party.
7.5 The other party receives the goods from the carrier after approving the quantities delivered and the visible quality of the packaging.
7.6 If the other party places an on-demand order, all batches of this order must be called for and received by the other party on the last day of the on-demand period. If the other party does not call for the order before the termination of the order period, Global Pet Brands then has the right to destroy or have the ordered items destroyed, without further informing the other party. The other party will be liable for the costs of the destruction. Global Pet Brands will send the other party a separate invoice for these costs.
7.7 To be admissible, complaints must be made by means of a complaint document signed by the driver of the carrier and the authorised person of the other party.
8.1 Payment must be received in cash, by direct debit, by credit card, by cash on delivery or by bank transfer within thirty days of the invoice date, without any claim to a discount, settlement or setoff.
8.2 Bank costs, both inside and outside of Belgium, are always payable by the other party.
8.3 Global Pet Brands retains the right to demand a partial or full payment in advance, to demand the fulfilment of payment obligations, to demand a security collateral and/or to exclusively send items C.O.D. (cash on delivery), as well as to suspend the execution of the contract until Global Pet Brands is satisfied with the aforementioned securities.
8.4 If the other party fails to pay within the agreed periods, they are, by law, in default, and shall be indebted for the legal interest as from the date of expiration of the invoice, for which a partial month will be considered to be a full month.
8.5 Legal and extra-legal costs incurred by Global Pet Brands are for the account of the other party, and are not limited to the costs of legal advisors and other third parties, to the amount of at least 15% of the (invoice) amount owed to Global Pet Brands increased by the contractual interest specified in this article.
Payments by or on behalf of the other party will be used to settle the payment obligations of the other party in the following order: extra-legal debt collection costs, court costs, interest and payment of the principal.
8.6 If the other party fails to settle the due and payable claim of Global Pet Brands pursuant to the agreement, Global Pet Brands has the right to cancel all ongoing agreements with the other party or if so desired to suspend the delivery until the payment has been made and to demand that any further deliveries are paid for in cash.
8.7 ‘Other party’ is understood to include any other party concern belongings to a mother-, daughter- and/or sister partnership and/or any enterprise otherwise linked to the other party, regardless of its legal form. In the case of a joint assignment, other parties are jointly liable for the payment of the invoice amount and/or the interest/costs owed.
Art.9. Retention of title
9.1 The delivered objects continue to be the property of Global Pet Brands, as long as the other party fails to:
- a) Pay the purchase price of the objects delivered or to be delivered by Global Pet Brands to the other party, and/or
- b) perform activities for the benefit of the other party pursuant to the agreement, and/or
- c) pay the claims due to failure to fulfil such agreements.
9.2 The risk with respect to damage and lost objects and any consequential damage transfers to the other party after delivery and acceptance of the objects.
9.3 If the other party fails to fulfil one or more of its payment obligations on time, the owner Global Pet Brands is entitled, without prior notice or legal intervention, to take back the delivered objects temporarily or permanently as it sees fit. The other party hereby authorises Global Pet Brands to enter the premises or the property where the objects are held to take these objects back.
9.4 The other party is not authorised to pledge, encumber, lease or transfer ownership of the objects to third parties without the permission of Global Pet Brands, insofar as full payment has not been made, except:
- a) In normal operations of the other party until the date of its bankruptcy or
- b) In accordance with the normal use of the objects.
Art. 10. Warranty
10.1 Global Pet Brands guarantees the other party the reliability and quality of the items supplied and that delivered goods have no serious defects. If they do Global Pet Brands can choose to replace the delivered objects after they have been returned in their original condition or to reimburse the full sum invoiced for the delivered objects after they have been returned in their original condition or, if the delivered objects can no longer be returned in their original condition, to pay fair compensation no greater than the sum invoiced for the delivered objects.
Global Pet Brands guarantees the reliability and quality of supplied items manufactured from basic materials such as cardboard and/or paper for a maximum period of one month after the invoice date or one month after the date of delivery if this is prior to the invoice date.
All information supplied by or in name of Global Pet Brands in relation to the characteristics, specifications and applications of items cannot be seen as any form of guarantee.
10.2 This warranty does not apply:
- a) As long as the other party is in default vis-à-vis Global Pet Brands
- b) If the other party has adapted the delivered objects or had them adapted by a third party.
- c) If the delivered objects have been exposed to abnormal circumstances or have otherwise been handled without due care or contrary to the instructions of Global Pet Brands and/or the instructions for use stated on the packaging.
- d) If the delivered objects have been stored for longer than normal and it is plausible that there has been a loss of quality as a result.
- e) If the faultiness is due in whole or in part to regulations imposed or to be imposed by the government with regard to the nature or the quality of the used materials.
- f) If Global Pet Brands is not notified in writing of the faultiness of the delivered objects within 8 days of this being observed. For faultiness that can be immediately observed when due attention is paid, the date of receipt applies as the date on which the aforementioned term commences.
- g) If a term of three months has lapsed since delivery. This term commences on the invoice date.
10.3 If the other party performs or has other parties perform repairs or any other form of work to the supplied items without prior written approval from Global Pet Brands, Global Pet Brands is then absolved of every liability under warranty.
Art. 11. Liability of Global Pet Brands
11.1 Subject to that which is stated in the preceding article, Global Pet Brands is not liable to compensate loss of profits or any other direct or indirect loss incurred by the other party as a consequence of late, incorrect or faulty delivery or defects of or to the delivered objects, except in the event of negligence or intention of Global Pet Brands.
11.2 For every liability for which Global Pet Brands is accountable, including trading loss, other direct or indirect damages, as well as damage as a result of liability to the other party and/or third parties is excluded. If Global Pet Brands should nevertheless be found liable for damage suffered by the other party (or third parties), then this liability is limited to the amount that is paid out for this specific case by Global Pet Brands’s liability insurance. Global Pet Brands’s possible liability towards the other party (or third parties) can never exceed the amount for which Global Pet Brands is insured (and that is eventually paid out to them by the damage insurer). If, the liability insurer does not pay out for any reason whatsoever, Global Pet Brands’s liability is limited to the amount stipulated in the invoice for the other party to pay.
11.3 The other party is required to safeguard Global Pet Brands and to exempt them from any damages related to claims from third parties, for which Global Pet Brands’s liability in these conditions, in relation to the other party, is excluded, including liability for not-subordinates/subcontractors and product liability.
11.4 Global Pet Brands is also not liable for breach of patent, licences and/or other rights of third parties incurred as a result of use of data provided by or through the other party, damages or loss, whatever the cause, of semi-manufactured items supplied by the other party, models, tools, etc.
11.5 The other party is required to take measures to minimise damages, for which any necessary costs are for the account of the other party.
12.1 If the other party fails to ensure the timely and proper fulfilment of any obligation under the agreement to which these terms and conditions apply, and in the event of bankruptcy, a moratorium on payments, closure or liquidation of the enterprise of the other party, it shall be deemed to be in default by operation of law and Global Pet Brands shall be entitled, without further notice of default, to suspend the performance of all agreements concluded with the other party or to cancel them or declare them cancelled in whole or in part, as it sees fit, without being liable for any compensation or bound by any warranty and without prejudice to its right to compensation. In these cases, any claim Global Pet Brands has against the other party is immediately due and payable.
12.2 Through dissolution, the reciprocally existing obligations are immediately demandable. The other party is liable for damages suffered by Global Pet Brands, including those coming from lost profits and cost incurred, if the cause of the reason of dissolution rests with the other party.
Art; 13. Applicable law
13.1 All agreements concluded under these terms and conditions are governed by the laws of Belgium.
13.2 The applicability of the Contract for the International Sale of Goods 1980 (CISG) is expressly excluded.
13.3 Any disputes between parties regarding an agreement and/or the provisions of these terms and conditions shall be decided by the court in Antwerp, unless Global Pet Brands chooses the court in the place of residence or domicile of the other party.