§ 1 Scope of Application (1) All deliveries, services, and offers by PetCom Tierernährung GmbH & Co. KG (hereinafter referred to as "PETCOM") are made exclusively on the basis of these General Terms and Conditions of Delivery. They are part of all contracts concluded between PETCOM and its clients (hereinafter referred to as "Client") for the deliveries or services offered or received. They also apply to all future deliveries, services, or offers, even if not explicitly agreed upon again. (2) These General Terms and Conditions govern business relations between PETCOM and enterprises within the meaning of Section 14 of the German Civil Code (BGB), i.e., natural or legal persons or legally competent partnerships acting in the course of their commercial or self-employed professional activities. They do not apply to legal relationships with consumers. (3) Any general terms and conditions of the Client or third parties shall not apply, even if PETCOM does not expressly object to their validity in individual cases. Even if PETCOM refers to a letter containing or referring to the Client's or a third party's general terms and conditions, this shall not constitute consent to the application of those terms.

§ 2 Offers and Conclusion of Contract (1) All PETCOM offers are non-binding and subject to change unless explicitly marked as binding or provided with a specific acceptance period. PETCOM may accept orders or assignments within 14 days of receipt. (2) The written contract, including these General Terms and Conditions, is solely authoritative for the legal relationship between PETCOM and the Client. It fully reflects all agreements between the parties regarding the subject matter. Oral promises by PETCOM prior to contract conclusion are legally non-binding, and any oral agreements are superseded by the written contract unless they are explicitly stated to remain binding. (3) Amendments and modifications to the agreements, including these General Terms and Conditions, must be made in writing to be valid. Except for managing directors or authorized officers (Prokuristen), PETCOM employees are not authorized to make oral agreements deviating from the written contract. Transmission via telecommunications, especially by fax or email with a signed copy, is sufficient to meet the written form requirement. (4) Descriptions by PETCOM regarding the subject of delivery or performance (e.g., weights, tolerances, technical data) are approximate unless exact conformity is required for the intended contractual use. They do not constitute guaranteed characteristics but are descriptions or identifications. Customary deviations and deviations due to legal regulations or technical improvements are permitted, provided they do not affect suitability for the contractual purpose.

§ 3 Prices and Payment (1) Prices apply to the scope of performance and delivery listed in the order confirmation. Additional or special services will be charged separately. Unless otherwise agreed, prices are in euros ex works or warehouse, plus packaging, freight, special packaging, pallets, VAT, customs, fees, and other public charges. These costs are borne by the Client. (2) Invoices are payable within 14 days without deduction unless otherwise agreed. The date of payment is determined by the date of receipt at PETCOM. In case of late payment, the outstanding amount shall bear interest at 5% p.a. from the due date. PETCOM reserves the right to claim higher interest and additional damages. (3) Offsetting by the Client is only permitted with undisputed or legally established counterclaims. Retention of payment is only permitted if it relates to the same order. (4) PETCOM may demand advance payment or security for outstanding deliveries or services if circumstances arise after contract conclusion that significantly reduce the Client's creditworthiness and jeopardize payment of PETCOM's claims. (5) Invoices or account statements shall be deemed accepted unless objected to in writing within one week. The date of receipt at PETCOM is decisive. (6) Bills of exchange and checks are accepted only on account of performance. Resulting costs shall be borne by the Client and are due upon acceptance. (7) In the case of tax-free intra-community deliveries, the Client must submit a confirmation of arrival. PETCOM will provide a template. If this confirmation is not received by the 10th of the following month, PETCOM reserves the right to charge the applicable VAT.

§ 4 Delivery and Delivery Time (1) Deliveries are made ex works or warehouse. (2) Delivery time starts only after all documents, approvals, and down payments from the Client are received. Delivery time is met if the goods leave the factory or are ready for shipment before its expiry. (3) Indicated delivery periods are approximate unless a fixed period has been expressly agreed. For shipping, delivery times refer to the handover to the carrier. (4) PETCOM may extend deadlines if the Client fails to meet contractual obligations. (5) PETCOM is not liable for delays caused by force majeure or unforeseeable events (e.g., operational disruptions, material shortages, strikes, delays in delivery by suppliers). PETCOM may withdraw from the contract if the delay is not temporary. For temporary delays, deadlines extend accordingly. If acceptance is unreasonable for the Client, they may withdraw from the contract by immediate written notice. (6) Partial deliveries are allowed if reasonable for the Client. (7) In case of delay or impossibility, liability is limited per § 8. (8) In intra-community deliveries, if a third party collects the goods, the Client must notify PETCOM. Otherwise, VAT may be charged retroactively.

§ 5 Place of Performance, Shipping, Packaging, Transfer of Risk (1) Place of performance is Diepholz unless otherwise agreed. (2) PETCOM decides on shipping method and packaging. (3) Additional freight costs for special shipping methods are borne by the Client. Shipping weight is determined at PETCOM's facility. For deliveries under 100 kg, PETCOM may charge shipping costs even if not agreed. (4) Risk transfers to the Client upon handover to the carrier. If shipment is delayed due to the Client, risk transfers when goods are ready for shipment. (5) Storage costs after risk transfer or due to delayed shipment at the Client’s request are borne by the Client. PETCOM charges 0.25% of the order value per week. (6) Insurance is only taken out at the Client's explicit request and expense. (7) The Client must accept the goods even with minor defects. Acceptance is deemed if 12 days pass after notification or the goods are used. (8) If the Client delays acceptance, PETCOM may resell the goods after a reasonable period. Damages may be claimed.

§ 6 Retention of Title, Pledging (1) Goods remain PETCOM’s property until full payment. The Client must store them separately. Resale is permitted in the normal course of business. Claims from resale are assigned to PETCOM. (2) In case of processing, PETCOM is considered the manufacturer. (3) Pledging or assignment as security is prohibited. The Client must inform PETCOM immediately of any third-party access. (4) Seizure by PETCOM constitutes withdrawal from the contract. PETCOM may resell the goods and offset proceeds. (5) PETCOM releases securities if they exceed claims by more than 20%.

§ 7 Warranty and Defects (1) Warranty period is one year from delivery or acceptance. This does not apply to injury or intent/gross negligence. (2) Goods must be inspected immediately. Complaints must be submitted within 5 days. (3) A sample must be provided for complaints. PETCOM will cover the lowest return shipping costs. (4) PETCOM may choose to repair or replace defective goods. If this fails, the Client may withdraw or reduce payment. (5) Client may not dispose of disputed goods without PETCOM's consent. (6) If defects are PETCOM’s fault, damages may be claimed under § 8.

§ 8 Liability for Damages (1) Liability is limited as described below. (2) PETCOM is not liable for slight negligence unless essential contractual obligations are breached. (3) Liability is limited to foreseeable damages typical for this type of contract. (4) In case of slight negligence, liability for property damage is limited to PETCOM's insurance coverage. (5) These limits also apply to PETCOM’s representatives and agents. (6) Technical advice not part of contractual obligations is non-binding and without liability. (7) These limitations do not apply to intent, injury to life/body/health, or mandatory liability under product liability law.

§ 9 Provided Materials (1) Packaging and containers remain PETCOM’s property and must be returned clean and undamaged. Otherwise, costs will be charged.

§ 10 Confidentiality (1) PETCOM retains ownership and copyright of all documents. They may not be shared or used without permission and must be returned if negotiations fail. (2) Contract terms and information must be kept confidential for 5 years and used only for contract execution. (3) The Client may not reference business relations publicly without PETCOM’s consent. (4) Subcontractors must also be bound by this confidentiality agreement.

§ 11 Assignment (1) The Client may not assign contractual claims to third parties, except monetary claims.

§ 12 Data Protection (1) Personal data may only be collected, processed, and used within the scope of the contract and as permitted by data protection laws. Company data must be treated confidentially.

§ 13 Jurisdiction, Applicable Law, Final Provisions (1) If the Client is a merchant or legal entity under public law, the place of jurisdiction is PETCOM’s registered office. Mandatory legal venues remain unaffected. (2) German law applies exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply. (3) If any provision is incomplete, the missing terms shall be deemed to be those the parties would have agreed upon in line with the contract’s purpose.

Minden, February 2023