ATM Petfood

GENERAL TERMS AND CONDITIONS OF ATM PETFOOD SAS

1. SCOPE
All commercial transactions concluded between ATM Petfood SAS with its registered office at ZAE Les Gats-Les Gats 49160 LONGUE-JUMELLES, registered in the register of legal entities under number 807945928, hereinafter „ATM Petfood“ and the client, hereinafter the “Client”, are governed by the following general terms and conditions.

These general terms and conditions shall prevail over the general or special terms and conditions of the Client and exclude the application thereof.

2. TRANSFER OF TITLE
The goods shall remain the property of ATM Petfood as long as they have not been paid by the Client.

3. QUANTITY
The quantities of the goods delivered by ATM Petfood will be measured using automated weighing devices and shall be deemed to have been accepted upon leaving the warehouses.
The stated quantities of goods that are delivered to ATM Petfood by or on behalf of the Client for storage and/or processing cannot be invoked against ATM Petfood.

4. TIMELY COLLECTION
In the case of failure to collect goods on time, even in the case of orders on demand, ATM Petfood reserves the right either to impose a price adjustment and storage costs or to deem the order as having been cancelled.

5. QUALITY
The goods that are sold, processed and/or stored are deemed to be delivered in good condition to the Client or to the party designated by the Client unless, in the case of visible defects, the Client lodges a protest immediately upon delivery or, in the case of non-visible defects, on the third day after delivery.

6. TRANSPORTATION
ATM Petfood will only accept orders to transport goods in its capacity as an intermediary in the organisation of such transportation without assuming any responsibility. Under no circumstances does ATM Petfood accept any liability as a carrier.

7. INSURANCE
The Client is required to insure goods belonging to the Client that are stored with ATM Petfood or that are being processed for payment against All Risks and also against Recourse by Third Parties and Business Civil Liability, with waiver of recourse as regards ATM Petfood.

8. PAYMENT
Invoices from ATM Petfood are due and payable at its registered office, regardless of the payment method used. The invoiced amounts will generate interest automatically by operation of law and without the requirement for prior notice of default at 12% per year from the invoice due date.

In the event of non-payment of invoiced amounts on the due date, a fixed payment of 10% is moreover payable automatically by operation of law and without prior notice of default on the unpaid amounts, in addition to any interest and costs whatsoever.

Late payment of invoices due shall automatically result in all claims of ATM Petfood against the Client falling due, regardless of the stated due date.

The Client hereby grants ATM Petfood a right of pledge and right of retention on all goods entrusted to ATM Petfood to secure any claim that ATM Petfood has on the Client.

9. DISPUTES
Belgian Law and the general and special terms and conditions of ATM Petfood apply exclusively.

Any disputes shall be referred to the courts with jurisdiction for the registered office of ATM Petfood.