GENERAL TERMS AND CONDITIONS OF KARLIE HEIMTIERBEDARF GMBH (Version 05/2010)

I Supply:
A supply agreement shall be deemed to have been concluded, when we confirm the order in writing or when we signify our acceptance of the order by delivering the goods ordered.
Undertakings and arrangements made or agreed upon with our field service or representatives of KARLIE Heimtierbedarf GmbH require a written confirmation; otherwise, extraordinary covenants shall be ineffective.
In the case of supplies going abroad, the modalities of delivery and payment set forth in the quotation or the order confirmation shall apply. Further conditions shall apply apart from the passage "modalities of payment“, terms and conditions as per order confirmation.

I a Minimum order values:
The minimum order value for all countries shall be 75.00 EUR (without VAT). If the order value lies below 125.00 EUR (without VAT) our handling charge for deliveries in Germany and to Austria will be 5.00 EUR plus freight cost at cost price. In the case of an order value exceeding 125.00 EUR (without VAT), delivery shall be franco domicile, or – in the case of deliveries by railway – franco station of destination or – in the case of shippings – franco place of destination. If the order value exceeds 75.00 EUR and lies below the respectively agreed minimum order value for free delivery, our handling charge for deliveries to other countries (except for Germany and Austria) will be 13.00 EUR plus freight cost at cost price. Repeat orders or changes concerning orders under progress cannot be taken into consideration.

I b Minimum order values for export / key customers:
In deviation from Ia, minimum order values shall apply as agreed with the customer.

I c Dispatch:
Without exception, dispatch shall take place for the account and at the risk of consignee. A possible loss during transport carried out by a carrier/shipping agent used by KARLIE should be notified to KARLIE within 24 hours from the reception of goods at the latest. Obvious deficiencies or damages should be notified to KARLIE immediately. If not otherwise agreed, supply will take place to the best of our judgement and without assuming any liability in connection with the most inexpensive freight.

I d Delivery time:
The delivery dates stated by us shall not bind us. Acts of God entitle us to cancel all or part of our supply obligations. We reserve the right to carry out partial deliveries where each partial delivery shall be deemed a separate delivery.

II Deficiencies:
Our liability for deficiencies shall be restricted to situations where the goods were used in accordance with the intended purpose, observing our operating instructions and if used properly.

In the case of losses during shipment, such losses must be notified immediately to the carrier or to the forwarding agent upon delivery. The same shall apply to shortages. Objections raised at a later point of time shall not be considered. Deficiencies may be asserted within a period of 8 days of the reception of the goods/shipment. After that, the goods/shipment shall be deemed accepted. In the case of a timely and justified notice of defects and prior to the insurance of goods, the supply of equivalent goods which are free of faults may be required. Should this not be possible, the option for conversion shall be unaffected therefrom. For the rest, the relevant legal provisions shall apply.
The warranty period with regard to hidden defects shall be 12 months from the date of delivery.

Please do not return the damaged package to us, as we cannot pay damages in such a case.

Should you choose to return us the goods, you should observe the following instructions:
- Goods must be returned unused and originally packed;
- books can be exchanged only if sealed;
- in the event you return a package or parts of the goods, we can only accept prepaid packets
for organisational reasons. Each return will be checked and if complaints are justified, postal
charges will be credited to the relevant customer's account. Packets that are not prepaid will
automatically not be delivered by Deutsche Post AG and/or parcel service providers but be
returned at the customer's expense.

Buyer's claims in connection with faulty supplies and - in particular - claims for compensation due to consequential harms caused by a defect shall be excluded.

Customer shall not be entitled to extend the term of payment by the time required to deal with a justified claim. Deductions from the invoice amount without credit are not permitted.

In case goods delivered are then forwarded to a third party, we cannot assume responsibility for complaints of such third party. For us, our client is the only recipient of goods. Complaints and discrepancies do not release the parties from the agreed terms of payment. Otherwise, the option for conversion shall not be affected therefrom.

Where ordered goods are returned, we reserve the right to assume an appropriate value reduction of the goods so returned. We shall in addition be entitled to reduce credits to be issued by 12% or by at least 10.00 EUR in respect of expenses incurred. Custom-made products or partial returns from assortments are non-returnable. For the rest, the relevant legal provisions shall apply.

III Prices:
List prices are valid, subject to our price modifications. New price lists or catalogues supersede any previous price lists or catalogues. Misprints or any other obvious errors contained in lists, quotations, catalogues, order confirmations or similar documents do not entitle the purchaser to raise any claims whatsoever. The relevant VAT rate shall be added.

The following applies in particular with regard to foreign business: unless otherwise provided, prices indicated in EUR are such that upon receipt of payment any exchange loss is excluded; bank charges shall be borne by the purchaser. Unless otherwise provided, prices are ex works, excluding packaging. KARLIE cardboard boxes will be charged at cost price and cannot be returned. Handling fees in the amount of EUR 13.00 will be charged in connection with the issuance of export documents and arising bank charges in the amount of EUR 13.00 per delivery.
We charge a fee of EUR 8.00 for each pallet.

IV Modalities of Payment:
Initial consignments and deliveries in particular cases to be indicated, shall only be carried out on a cash on delivery basis or following confirmed prepayment. In the case of COD deliveries we reserve the right to pass on the arising extra costs.

Unless otherwise provided in writing, the following provisions shall apply:
2% discount upon payment within 8 days 2%, provided there are no other payments due; a discount to be agreed upon immediate direct debit; no discount upon payment within 30 days.
Each payment shall be booked with respect to the earliest open invoice. Deferred payment of debts arising from the supply of goods shall be excluded.

In case payment by automatic debit transfer system was agreed but - for want of cover - not carried out, further supplies following the compensation of the amount not paid by direct debit, can only be carried out c.o.d.

If the customer is behind schedule with the payment of an earlier invoice by more than 8 days, any open invoices shall become due strictly net - even if they had not been due otherwise.
If payment does not occur in due time, the purchaser undertakes to pay default interests at the rate provided by law from the due date.

IV a Reservation of Title:
We reserve the title with regard to the goods until our claims against the purchaser arising from the business relationship have been settled, including all future claims from contracts, even if they have been concluded at the same time or at a later date. This also applies, when a single or all of our claims have been brought into a current account and the balance has been struck and accepted. In case of a resale of goods, the respective proceeds shall supersede the goods.

IV b Provision concerning cheques/bills:
Where recourse is established for the seller through payment of the purchase price by a bill of exchange, the reservation of title does not end until the bill is honoured by the buyer as the payer; this provision shall also apply to cheques or direct debit transfer.


V Place of jurisdiction and applicable law:
The place of execution with respect to any obligations arising from the contract shall be Paderborn and any litigations arising from or in connection with the contractual relationship shall be decided by the court of Paderborn. This also applies to any claims in connection with bills of exchange, cheques and/or debit notes. KARLIE Heimtierbedarf GmbH reserves the right to bring an action against contractual partners before any other court of competent jurisdiction according to the general rules of international procedure law.

VI Severability:
Should any of the provisions of the present terms and conditions be ineffective or unenforceable or become ineffective or unenforceable subsequent to the conclusion of the contract, the effectiveness of the remaining provisions of the terms and conditions shall remain unaffected.

The customer's general terms and conditions shall not constitute an integral part of a contract.

KARLIE Heimtierbedarf GmbH
Graf-Zeppelin-Str. 13
D-33181 Bad Wünnenberg-Haaren
Tel: 0049 – (0)2957 - 77-0
Fax: 0049 – (0)2957 - 77-399
www.karlie.de
info@karlie.de